The Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) (Scotland) Regulations 2008

Matters to be taken into account

6.—(1) In determining under regulation 4 whether or not they are satisfied that a case is exceptional, the Scottish Ministers must take the following matters into account (whether or not they also take other matters into account)–

(a) where the prospective adopters wish to adopt a particular child–

(i) the circumstances leading to the child becoming available for adoption;

(ii) whether any competent authority in the State of origin has made a decision in relation to the adoption or availability for adoption of the child;

(iii) the relationship of the child to the prospective adopters, including how and when it was formed;

(iv) the child’s particular needs and the capacity of the prospective adopters to meet those needs; and

(v) the reasons why the State of origin was placed on the restricted list(1); or

(b) in any other case, the reasons why the State of origin was placed on the restricted list.

(2) In this regulation, a “competent authority” means a court or a person who performs functions which correspond to the functions of an adoption agency or to the functions of the Scottish Ministers in respect of intercountry adoption.

(1)

“Restricted list” is defined in section 62(5) of the Adoption and Children (Scotland) Act 2007 as the list of restricted countries.