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The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003

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Regulation 31

SCHEDULE 3Application, with modifications, of the provisions of the 1978 Act

Column 1Column 2
Provisions of the 1978 ActModifications
Section 12 (adoption order)As if there were inserted at the end “ (10) An adoption order may not be made in relation to a person who has attained the age of 19 years.”
Section 13 (child to live with adopters before order made)As if for the words in sub-section (1) “placed with the applicants by an adoption agency” there were substituted the words “entrusted by the applicants, in relation to a Convention country other than the United Kingdom, by the Central Authority of the state of origin”
Section 16 (parental agreement)As if for sub-section (1) there were substituted “(1) A convention adoption order shall not be made unless an agreement under Article 17(c) of the Convention has been made in respect of the child”, and sub section (2) was omitted
Section 22 (notification to local authority of adoption application)As if for the words in sub-section (1) “not placed with the applicant by an adoption agency” there were substituted the words “entrusted to the applicants by a competent authority within the meaning of Article 23 of the Convention”
Section 27 (restrictions on removal where adoption agreed)As if for subsection (1) there were substituted “(1) where an application for a Convention adoption order is pending the parent or guardian is not entitled to remove the child from the home of the applicant except with the leave of the court.”, and sub section (2) was omitted
Sections 30 (return of children placed for adoption by adoption agencies) and 31 (application of section 30 where child not placed for adoption)As if sections 30 and 31 were omitted

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