(1)The [F1relevant] parent, at any time more than 12 months after the making of the order under section 18 when—
(a)no adoption order has been made in respect of the child, and
(b)the child does not have his home with a person with whom he has been placed for adoption,
may apply to the court which made the order for a further order revoking it on the ground that he wishes to resume the parental [F2responsibilities and parental rights].
[F3(1A)The adoption agency, at any time after the making of the order under section 18 when the conditions mentioned in paragraphs (a) and (b) of subsection (1) above are satisfied, may apply to the court which made the order for a further order revoking it.]
(2)While [F4an application under subsection (1) or (1A)] is pending the adoption agency having the parental [F5responsibilities and parental rights] shall not place the child for adoption without the leave of the court.
[F6(3)Where an order freeing a child for adoption is revoked under this section, the court shall, by an order under section 11 of the Children (Scotland) Act 1995 determine on whom are to be imposed the parental responsibilities, and to whom are to be given the parental rights, in relation to the child.]
(4)Subject to subsection (5), [F7if an application under subsection (1)] is dismissed on the ground that to allow it would contravene the principle embodied in section 6—
(a)the [F8relevant] parent who made the application shall not be entitled to make any further application under subsection (1) in respect of the child, and
(b)the adoption agency is released from the duty of complying further with section 19(3) as respects that parent.
(5)Subsection (4)(a) shall not apply where the court which dismissed the application gives leave to the [F9relevant] parent to make a further application under subsection (1), but such leave shall not be given unless it appears to the court that because of a change in circumstances or for any other reason it is proper to allow the application to be made.
Textual Amendments
F1Word in s. 20(1) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F2Words in s. 20(1) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(a)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F3S. 20(1A) inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F4Words in s. 20(2) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(c)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F5Words in s. 20(2) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(c)(ii) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F6S. 20(3) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(d) (with s. 103(1)) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F7Words in s. 20(4) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(e)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F8Word in s. 20(4)(a) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(e)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F9Word in s. 20(5) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 13(f) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)