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Version Superseded: 12/12/1996
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Adoption (Scotland) Act 1978, Section 27 is up to date with all changes known to be in force on or before 02 September 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)While an application for an adoption order is pending in a case where a parent or guardian of the child has agreed to the making of the adoption order (whether or not he knows the identity of the applicant), the parent or guardian is not entitled, against the will of the person with whom the child has his home, to remove the child from the [F1care and possession] of that person except with the leave of the court.
(2)While an application is pending for an order freeing a child for adoption and—
(a)the child is in the care of the adoption agency making the application, and
(b)the application was not made with the consent of each parent or guardian of the child,
no parent or guardian of the child who did not consent to the application is entitled, against the will of the person with whom the child has his home, to remove the child from the [F1care and possession] of that person except with the leave of the court.
(3)Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding £400 or both.
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