Placement for adoption: notification and provision of information
24.—(1) This regulation applies where an adoption agency makes a decision under regulation 8(1) that–
(a)a prospective adopter is suitable to be an adoptive parent; and
(b)the prospective adopter would be a suitable adoptive parent for a particular child.
(2) The adoption agency must provide the prospective adopter with–
(a)written information about the child’s background, parentage, health and mental and emotional development;
(b)written advice about–
(i)the need to inform the child of their adoption and origins;
(ii)the rights of adopted persons over 16 to obtain information from the Registrar General under section 55(4) of the Act;
(iii)the rights of adopted persons to whom information is disclosed under section 55(4) of the Act to request and receive counselling;
(iv)the availability of adoption support services on any problems relating to the adoption; and
(c)a copy of the report as to the health of the child obtained under regulation 18(1)(d) and any report obtained under regulation 18(2).
(3) The adoption agency must provide notification of the placement to–
(a)the local authority for the area in which the prospective adopter resides if different from the agency making the placement; and
(b)the Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(1) which provides services under that Act in the area in which the prospective adopter resides.
(4) In paragraph (3)–
(a)“notification” means notification in writing and shall include particulars of the placement;
(b)where the adoption agency’s medical adviser considers the child to have a problem of medical significance or additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004(2) notification as required in paragraph (3) must be made before the placement.
(5) When the child has been placed for adoption the adoption agency must notify–
(a)the parent or parents of the child;
(b)where the agency considers this to be in the child’s best interests, any parent or parents of the child who do not have parental responsibilities or parental rights if their whereabouts are known to the adoption agency; and
(c)the guardian of the child if their whereabouts are known to the adoption agency.
(6) The adoption agency must send a written report as to the health of the child and the history of the child’s health to the prospective adopter’s registered medical practitioner before the proposed placement together with particulars of the proposed placement.
(7) In paragraph (5)(a) “parent” means–
(a)a parent who has any parental responsibilities or parental rights in relation to the child; or
(b)a parent who, by virtue of a permanence order granted under section 80 of the Act which does not include provision granting authority for the child to be adopted, has no such responsibilities or rights.
1978 c. 29. Section 2 was amended by the National Health Service and Community Care Act 1990 c. 19, sections 28 and 66(1) and Schedule 9, the National Health Service Reform (Scotland) Act 2004 asp 7, section 11, schedule 1 and the Smoking, Health and Social Care (Scotland) Act 2005 asp 13, section 42(1), schedule 2.