Adoption (Scotland) Act 1978

18 Freeing child for adoption. S

(1) Where, on an application by an adoption agency [F1 which is a local authority], an authorised court is satisfied in the case of each parent or guardian of the child that—

(a) he freely, and with full understanding of what is involved, agrees generally and unconditionally to the making of an adoption order, or

(b) his agreement to the making of an adoption order should be dispensed with on a ground specified in section 16(2),

the court shall, subject to subsection (8), make an order declaring the child free for adoption.

(2) No application shall be made under subsection (1) unless—

(a) it is made with the consent of a parent or guardian of a child, or

(b) the adoption agency is applying for dispensation under subsection (1)(b) of the agreement of each parent or guardian of the child, and the child is in the care of the adoption agency.

(3) No agreement required under subsection (1)(a) shall be dispensed with under subsection (1)(b) unless the child is already placed for adoption or the court is satisfied that it is likely that the child will be placed for adoption.

(4) An agreement by the mother of the child is ineffective for the purposes of this section if given less than 6 weeks after the child’s birth.

[F2 (5) On the making of an order under this section, the parental responsibilities and parental rights in relation to the child are transferred to the adoption agency.]

(6) Before making an order under this section, the court shall satisfy itself, in relation to each parent or guardian [F3 of the child who can be found], that he has been given an opportunity of making, if he so wishes, a declaration that he prefers not to be involved in future questions concerning the adoption of the child; and any such declaration shall be recorded by the court.

[F4 (7) Before making an order under this section in the case of a child whose father is not, and has not been, married to the mother and does not have any parental responsibilities or parental rights in relation to the child, the court shall satisfy itself in relation to any person claiming to be the father that—

(a) he has no intention of applying for, or, if he did so apply, it is likely that he would be refused, an order under section 11 of the Children (Scotland) 1995 Act (orders in relation to parental responsibilities and parental rights); and

(b) he has no intention of entering into an agreement with the mother under section 4(1) of that Act (acquisition by natural father by agreement of such responsibilties and rights), or, if he has such an intention, that no agreement under that subsection is likely to be made.]

[F5 (8) An order under this section shall not be made in relation to a child of or over the age of 12 years unless with the child’s consent; except that where the court is satisfied that the child is incapable of giving his consent to the making of the order, it may dispense with that consent.]

[F6 (9) Where a court making an order under this section in relation to a child who is subject to a supervision requirement is satisfied that, in consequence of its doing so, compulsory measures of supervision in respect of the child are no longer necessary, it may determine that the child shall forthwith cease to be subject to that requirement.]

Textual Amendments

F1 Words in s. 18(1) inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 11(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F2 S. 18(5) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 11(b) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F3 Words in s. 18(6) substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 40

F4 S. 18(7) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 11(c) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F5 S. 18(8) substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 2(3)(b), 11(2) (with s. 1(3))

F6 S. 18(9) added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 11(d) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

Modifications etc. (not altering text)

C1 S. 18 restricted by S.I. 1984/988, reg. 16