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

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement the 1993 Hague Convention on the Protection of Children and Co operation in respect of Intercountry Adoption that was concluded at The Hague on 29th May 1993.

Part 1 provides for commencement, application and interpretation (regulations 1 and 2).

Part 2 makes provision in respect of the requirements, procedures, recognition and effect of adoptions in Scotland where the United Kingdom is the receiving State. Part 2 applies where the prospective adopters are habitually resident in the British Islands and they wish to adopt a child who is habitually resident in another Contracting State.

Regulations 3 to 5 make provision regarding the application for determination of eligibility and suitability to be an adoptive parent, the requirements for eligibility and the provision of information to the prospective adopter.

Regulations 6 to 9 provides for the assessment of suitability of the prospective adopter, the procedure to be followed (including the setting up of a case record, police checks and the provision of counselling) and the notification of the decision.

Regulation 10 sets out the procedures to be followed before the central authorities of the receiving state and the state of origin can make an agreement under Article 17(c) of the Convention in respect of the adoption. An Article 17(c) agreement must be made before the child can travel to the receiving state to be with the prospective adopter.

Regulation 11 requires the adoption agency to notify certain other agencies of the proposed adoption placement before the arrival of the child in Scotland.

Regulations 13 to 18 make provision in respect of the case where a child arrives in Scotland but no Convention adoption has been made. In particular, these regulations impose certain duties and obligations on each of the local authority and the prospective adopter where the adoption placement breaks down. Regulation 19 makes provision regarding the procedure to be followed following the making of a Convention adoption order or a Convention adoption. Regulation 20 requires the child to be handed over to the local authority in circumstances where a court refuses to make a Convention adoption order or the application for the order is withdrawn. Regulation 21 makes provision in respect of the annulment of a Convention adoption order or a Convention order.

Part 3 makes provision in respect of requirements and procedures to be followed in Scotland where the United Kingdom is the State of origin. Part 3 applies where a child, habitually resident in Scotland, is to be adopted by prospective adopters who are habitually resident in another Contracting State.

Regulations 22 and 23 impose duties on an adoption agency and an adoption panel in respect of the assessment of a child as being suitable for intercountry adoption. Regulation 24 provides for the making and notification of decisions, the duties of the adoption panel and the making of the local authority decision in respect of the placement of the child. Regulation 25 sets out the procedure to be followed once the Article 15 report is received. The Article 15 report is sent by the central authority of the receiving state. It gives details of approved prospective adopters in that state who wish to adopt a child from Scotland.

Regulation 27 sets out the requirements in respect of the Article 16 report and the procedure to be followed in the preparation and completion of that report. The Article 16 report is prepared by the local authority in Scotland giving details of the child who might be suitable to be adopted by the prospective adopters named in the Article 15 report. Regulations 28 and 29 respectively prescribe the requirements for the purposes of making a Convention adoption order and the procedural requirements following a Convention adoption order or Convention adoption.

Part 4 makes certain miscellaneous provisions.

Regulation 30 prescribes the requirements which must be met for the purposes of making a Convention adoption order.

Regulations 31 and 32 provide for the modification of the Adoption (Scotland) Act 1978 and the Adoption Agencies (Scotland) Regulations 1996. Regulation 33 provides for the modification of the Adoption of Children from Overseas (Scotland) Regulations 2001.

Regulation 34 makes it an offence where a person contravenes or fails to comply with regulation 13 (notification to local authority), regulation 16(2) (surrender of child to local authority), regulation 16(4) (surrender of child as ordered by the court) and regulation 20 (surrender of the child to the local authority where a Convention adoption order refused or withdrawn).

Regulation 35 makes transitional provisions.