2013 No. 310
The Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, make the following Regulations in exercise of the powers conferred by sections 67(1) and (4) and 117(2) and (3) of the Adoption and Children (Scotland) Act 20071 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013 and come into force on 3rd January 2014.
Interpretation2
In these Regulations “law” does not include customary or common law.
Overseas adoptions3
An adoption of a child is specified as an overseas adoption if—
a
it is an adoption effected under the law of a country or territory listed in the Schedule to these Regulations; and
b
it is not a Convention adoption.
Evidence of an overseas adoption4
1
The following documents may be provided as evidence that an overseas adoption has been effected—
a
a certified copy of an entry made, in accordance with the law of the country or territory concerned, in a public register relating to the recording of adoptions and showing that the adoption has been effected; or
b
a certificate that the adoption has been effected, signed or purporting to be signed by a person authorised by the law of the country or territory concerned to sign such a certificate, or a certified copy of such a certificate.
2
Where a document produced by virtue of paragraph (1) is not in English, the Registrar General may require the production of an English translation of the document before being satisfied of the matters specified in paragraph 6 of schedule 1 to the Adoption and Children (Scotland) Act 2007.
Revocation and saving5
1
Subject to paragraph (2), the following instruments are revoked—
a
The Adoption (Designation of Overseas Adoptions) Order 19734; and
b
The Adoption (Designation of Overseas Adoptions) (Variation) (Scotland) Order 19955.
2
The revocation of the Adoption (Designation of Overseas Adoptions) Order 1973 does not affect any adoption designated as an overseas adoption by virtue of that Order prior to the coming into force of these Regulations.
SCHEDULE
Albania
Andorra
Armenia
Australia
Austria
Azerbaijan
Belarus
Belgium
Belize
Bolivia
Brazil
Bulgaria
Bulgaria
Bulgaria
Burkina Faso
Burundi
Canada
Cape Verde
Chile
The People’s Republic of China
Colombia
Costa Rica
Cuba
The Republic of Cyprus
Czech Republic
Denmark (including the Faroe Islands and Greenland)
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Georgia
Germany
Greece
Guinea
Hungary
Iceland
India
The Republic of Ireland
Israel
Italy
Kazakhstan
Kenya
Latvia
Lesotho
Liechtenstein
Lithuania
Luxembourg
The Former Yugoslav Republic of Macedonia
Madagascar
Mali
Malta
Mauritius
Mexico
The Republic of Moldova
Monaco
Mongolia
Montenegro
The Netherlands (including the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba))
New Zealand
Norway
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Romania
Rwanda
San Marino
Senegal
Seychelles
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Swaziland
Sweden
Switzerland
Thailand
Togo
Turkey
The United States of America
Uruguay
Venezuela
Vietnam
(This note is not part of the Regulations)