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Children (Scotland) Act 2020
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28Conferral of parental responsibilities and parental rights: births registered outwith UK
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(1)The Children (Scotland) Act 1995 is modified as follows.
(2)After section 4A insert—
“4BConferral of parental responsibilities and parental rights where birth is registered outwith the United Kingdom
(1)The Scottish Ministers may by regulations make provision for the conferral of parental responsibilities and parental rights on the following persons—
(a)a father who has not acquired those responsibilities and rights under section 3(1)(b), 4 or 11, or
(b)a second female parent who has not acquired those responsibilities and rights under section 3(1)(c) or (d), 4A or 11.
(2)Regulations under subsection (1) may only make provision for the conferral of parental responsibilities and parental rights on a person in a case where—
(a)the child’s birth is registered outwith the United Kingdom,
(b)the person acquired parental duties, rights or responsibilities in relation to the child through a process specified in the regulations, and
(c)the mother of the child has consented to that person acquiring those duties, rights or responsibilities.
(3)Regulations under subsection (1) are subject to the negative procedure.”.
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