The Adoption Agencies (Scotland) Regulations 2009

Provision of information to parents: decision of adoption agency that an application under section 80 of the Act should be made

17.—(1) This regulation applies where an adoption agency makes a decision under regulation 13(1) that–

(a) adoption is in the best interests of the child; and

(b) an application for a permanence order with authority for the child to be adopted should be made under section 80 of the Act.

(2) The adoption agency must, within 7 days of making the decision, provide each parent or guardian of the child with–

(a) a memorandum in the form set out in Schedule 5;

(b) a certificate in the form set out in Schedule 6; and

(c) a certificate in the form set out in Schedule 7.

(3) The adoption agency must take such steps as are reasonably practicable to ensure that–

(a) each parent or guardian signs and returns to the adoption agency a certificate in the form set out in Schedule 6 or a form to like effect which certifies that they have read and understood the memorandum; and

(b) each parent or guardian completes and signs the certificate in the form set out in Schedule 7 and returns it to the adoption agency within 28 days.

(4) Paragraph (5) applies where the adoption agency is aware of the identity of a parent who does not have parental responsibilities or parental rights in respect of the child.

(5) The adoption agency must, so far as it considers it reasonably practicable to do so make enquiries and–

(a) obtain in respect of the parent the information in Part III of Schedule 1; and

(b) ascertain, where possible, whether the parent intends to make an application for any parental responsibilities or parental rights in relation to the child or enter into a parental responsibilities agreement under section 4 of the 1995 Act.