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Adoption (Scotland) Act 1978, Section 15 is up to date with all changes known to be in force on or before 07 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)F1. . . an adoption order may be made on the application of one person where he has attained the age of 21 years and—
(a)is not married, or
(b)is married and the court is satisfied that—
(i)his spouse cannot be found, or
(ii)the spouses have separated and are living apart, and the separation is likely to be permanent, or
(iii)his spouse is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.
(2)An adoption order shall not be made on the application of one person unless—
(a)he is domiciled in a part of the United Kingdom, or in the Channel Islands or the Isle of Man, or
(b)the application is for a Convention adoption order and section 17 is complied with.
(3)An adoption order shall not be made on the application of the mother or father of the child alone unless the court is satisfied that—
(a)the other F2. . . parent is dead or cannot be found [F3or, by virtue of section 28 of the Human Fertilisation and Embryology Act 1990, there is no other parent], or
(b)there is some other reason justifying the exclusion of the other F2. . . parent,
and where such an order is made the reason justifying the exclusion of the other F2. . . parent shall be recorded by the court.
Textual Amendments
F1Words in s. 15(1) repealed (1.11.1996) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 9(a), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F2Words in s. 15(3) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table
F3Words in s. 15(3)(a) inserted (1.8.1991) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 49(5), Sch. 4 para. 6 (with ss. 39(3), 43(2)); S.I. 1991/1400, art. 2(2)
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