Children Act 1975

53 Custody order on application for adoption in Scotland

(1) Without prejudice to the provisions of section 19 (power to make an interim order giving custody), where on an application for an adoption order in respect of a child the applicant is a person qualified to apply for custody of the child, and the court is of opinion—

(a) in the case of an applicant who is a relative of the child or a husband or wife of the mother or father of the child (whether applying alone or jointly with his or her spouse)—

(i) that the child's welfare would not be better safeguarded and promoted by the making of an adoption order in favour of the applicant than it would be by the making of a custody order in his favour; and

(ii) that it would be appropriate to make a custody order in favour of the applicant; or

(b) in any other case, that the making of a custody order in favour of the applicant would be more appropriate than the making of an adoption order in his favour,

the court shall direct that the application is to be treated as if it had been made for custody of the child; but where such a direction is made the court shall not cease to have jurisdiction by reason only that it would not have had jurisdiction to hear an application by the applicant for custody of the child.

(2) In the application of this Part of this Act to any case where a direction under subsection (1) has been made—

(a) for references in section 47(2) to the making of an application for custody there shall be substituted references to the making of an application for an adoption order;

(b) for the references in section 49 and paragraph (a) of subsection (1) of section 51 to the making of an application there shall be substituted references to the making of a direction in terms of subsection (1) of this section;

(c) in section 51(1) for the words "for custody of" there shall be substituted the words " for an adoption order in respect of ".

(3) For the purposes of section 11 of the [1973 c. 29.] Guardianship Act 1973, any application in respect of which a direction has been made under subsection (1) of this section, is an application for custody of a child.