Adoption and Children (Scotland) Act 2007

Effect of order on existing rights etc.

35 Effect of order on existing rights etc.

(1) Where an adoption order is made on the application of a member of a relevant couple by virtue of subsection (3) of section 30, the making of the order—

(a) does not affect any parental responsibilities and parental rights which immediately before the making of the order were vested in the other member of the relevant couple,

(b) does not extinguish any duty owed to the child by that other member—

(i) to pay or provide aliment in respect of any period occurring after the making of the order,

(ii) to make any payment arising out of parental responsibilities and parental rights in respect of such a period.

(2) Otherwise, the making of an adoption order—

(a) extinguishes any parental responsibilities and parental rights relating to the child which immediately before the making of the order were vested in any person,

(b) subject to subsection (3), extinguishes any duty owed to the child immediately before the making of the order—

(i) to pay or provide aliment in respect of any period occurring after the making of the order,

(ii) to make any payment arising out of parental responsibilities and parental rights in respect of such a period.

(3) The making of an adoption order does not extinguish a duty arising under a deed or agreement—

(a) which constitutes a trust, or

(b) which expressly provides that the duty is not to be extinguished by the making of an adoption order.

(4) An adoption order does not affect parental responsibilities and parental rights so far as they relate to any period before the making of the order.