Adoption (Scotland) Act 1978

19 Progress reports to former parent. S

(1) This section and section 20 apply to any person [F1 (in this section and in section 20 referred to as the “relevant parent”:)] who was required to be given an opportunity of making a declaration under section 18(6) but [F2 either—

(a) did not do so; or

(b) having done so, subsequently by written notice under this subsection to the adoption agency to which the parental responsibilities and parental rights have been transferred, has withdrawn such declaration.]

(2) Within the 14 days following the date 12 months after the making of the order under section 18, the adoption agency [F3 to which the parental responsibilities and parental rights were transferred] on the making of the order, unless it has previously by notice to the [F4 relevant] parent informed him that an adoption order has been made in respect of the child, shall by notice to the [F4 relevant] parent inform him—

(a) whether an adoption order has been made in respect of the child, and (if not)

(b) whether the child has his home with a person with whom he has been placed for adoption.

(3) If at the time when the [F5 relevant] parent is given notice under subsection (2) an adoption order has not been made in respect of the child, it is thereafter the duty of the adoption agency to give notice to the [F5 relevant] parent of the making of an adoption order (if and when made), and meanwhile to give the [F5 relevant] parent notice whenever the child is placed for adoption or ceases to [F6 be placed with a person with a view to his being adopted by that person].

(4) If at any time [F7 the relevant] parent by notice makes a declaration to the adoption agency that he prefers not to be involved in future questions concerning the adoption of the child—

(a) the agency shall secure that the declaration is recorded by the court which made the order under section 18, and

(b) the agency is released from the duty of complying further with subsection (3) as respects [F8 that relevant] parent[F9 but a declaration under this subsection may be withdrawn in the same way as may a declaration under subsection (6) of section 18, in which event the agency shall no longer be so released]

Textual Amendments

F1 Words in s. 19(1) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F2 Words in s. 19(1) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F3 Words in s. 19(2) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(b)(i) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F4 Words in s. 19(2) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(b)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F5 Words in s. 19(3) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(c)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F6 Words in s. 19(3) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(c)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F7 Words in s. 19(4) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(d)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F8 Words in s. 19(4) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(d)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F9 Words in s. 19(4) added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 12(d)(iii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)