- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (04/05/2006)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 28/09/2009
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Adoption (Scotland) Act 1978, Section 16 is up to date with all changes known to be in force on or before 02 September 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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(1)An adoption order shall not be made unless—
(a)the child is free for adoption by virtue of an order made
[F1(i)in Scotland under section 18;
(ii)in England and Wales under section 18 of the Adoption Act 1976; or
(iii)in Northern Ireland under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987,
and not revoked]; or
[F2(aa)each parent or guardian of the child has consented under section 20 of the Adoption and Children Act 2002 (advance consent to adoption), has not withdrawn the consent and does not oppose the making of the adoption order;]
[F2(ab)subsection (3A) applies and no parent or guardian of the child opposes the making of the adoption order]
(b)in the case of each parent or guardian of the child the court is satisfied that—
(i)he freely, and with full understanding of what is involved, agrees unconditionally to the making of an adoption order (whether or not he knows the identity of the applicants), or
(ii)his agreement to the making of the adoption order should be dispensed with on a ground specified in subsection (2).
F3[(2)The grounds mentioned in subsection (1)(b)(ii) are, that the parent or guardian—
(a)is not known, cannot be found or is incapable of giving agreement;
(b)is withholding agreement unreasonably;
(c)has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child—
(i)the responsibility to safeguard and promote the child’s health, development and welfare; or
(ii)if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis;
(d)has seriously ill-treated the child, whose reintegration into the same household as the parent or guardian is, because of the serious ill-treatment or for other reasons, unlikely.]
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(3A)This subsection applies where—
(a)the child has been placed for adoption by an adoption agency (within the meaning of section 2(1) of the Adoption and Children Act 2002) with the prospective adopters in whose favour the adoption order is proposed to be made; and
(b)the child was placed for adoption—
(i)under section 19 of that Act (placing children with parental consent) with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old; or
(ii)under an order made under section 21 of that Act (placement orders) and the child was at least six weeks old when that order was made.]
[F5(3B)A parent or guardian may not oppose the making of an adoption order under subsection (1)(aa) or (ab) without the leave of the court.]
[F5(3C)The court shall not give leave under subsection (3B) unless satisfied that there has been a change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 21 of that Act was made.]
[F5(3D)The withdrawal of—
(a)any consent to the placement of a child for adoption—
(i)under section 19; or
(ii)under an order made under section 21,
of the Adoption and Children Act 2002; or
(b)any consent given under section 20 of that Act,
is ineffective if it is given after an application for an adoption order is made.]
(4)Agreement is ineffective for the purposes of subsection (1)(b)(i) if given by the mother less than six weeks after the child’s birth.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 16(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, 108, Sch. 10 para. 34 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2S. 16(1)(aa)(ab) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 23(a) (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)
F3S. 16(2) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 10(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F4S. 16(3) repealed (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 2 para. 4(3), Sch. 3 (with s. 17); S.S.I. 2003/121, art. 2(i)
F5S. 16(3A)-(3D) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 23(b) (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)
F6S. 16(5) repealed (1.4.1997) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 10(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
Modifications etc. (not altering text)
C1S. 16 applied (with modifications) (1.6.2003) by The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (S.S.I. 2003/19), reg. 1(1), sch. 3 (with reg. 35)
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