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Adoption and Children (Scotland) Act 2007
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Adoption and Children (Scotland) Act 2007, Section 40 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(3A) inserted by 2020 asp 16 s. 30(5)
- s. 14(4A)-(4C) inserted by 2020 asp 16 s. 2(2)(c)
- s. 84(5A)(5B) inserted by 2020 asp 16 s. 2(3)(c)
40Status conferred by adoptionS
This section has no associated Explanatory Notes
(1)An adopted person is to be treated in law as if born as the child of the adopters or adopter.
(2)If an adopted person is adopted—
(a)by a relevant couple, or
(b)by virtue of section 30(3), by a member of a relevant couple,
the adopted person is to be treated as the child of the couple concerned.
(3)An adopted person adopted by virtue of section 30(3) by a member of a relevant couple is to be treated in law as not being the child of any person other than the adopter and the other member of the couple.
(4)Otherwise, an adopted person is to be treated in law as not being the child of any person other than the adopters or adopter.
(5)Subsections (3) and (4) do not affect any reference in this Act to a person's natural parent or to any other natural relationship.
(6)Subsection (7) applies where, in the case of a person adopted under a Convention adoption, the Court of Session is satisfied, on an application under this section—
(a)that under the law of the country in which the adoption was effected the adoption is not a full adoption,
(b)that—
(i)the consents mentioned in Article 4(c) and (d) of the Convention have not been given for a full adoption, or
(ii)the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention), and
(c)that it would be more favourable to the person for a direction to be given under that subsection.
(7)The court may direct that subsection (4)—
(a)is not to apply, or
(b)is not to apply to such extent as may be specified in the direction.
(8)In subsection (6), “full adoption” means an adoption by virtue of which the person falls to be treated in law as if the person were not the child of any person other than the adopters or adopter.
(9)This section has effect from the date of the adoption.
(10)Subject to the provisions of this Chapter, this section—
(a)applies for the interpretation of enactments or instruments passed or made before as well as after the adoption and so applies subject to any contrary indication, and
(b)has effect as respects things done, or events occurring, on or after the adoption.
Modifications etc. (not altering text)
C1S. 40(1)-(3) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 4, Sch. 3
C2S. 40(5)(6) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 4, Schs. 3
C3S. 40(10) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 4, Schs. 3
Commencement Information
I1S. 40 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
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