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

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Refusal of court in Scotland to make a Convention adoption order

20.—(1) Where an application for a Convention adoption order is refused by the court the prospective adopter shall surrender the child to the relevant local authority within the period determined by the court for that purpose.

(2) Subject to paragraph (3), where an application for a Convention adoption order is withdrawn and the prospective adopter notifies the adoption agency that the prospective adopter does not intend to submit a fresh application for a Convention adoption order, then the prospective adopter shall surrender the child to the relevant local authority within 7 days after such notification.

(3) Notwithstanding paragraph (2), where an application for a Convention adoption order is withdrawn and a fresh application for a Convention adoption order has not been submitted to the court within 28 days after the date of such withdrawal or such longer period as the relevant local authority may agree in writing, the prospective adopter shall surrender the child to the relevant local authority within 7 days of the expiry of that period.

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