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Adoption (Scotland) Act 1978
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- 1978 c. 28
- Part V
- Section 47
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Version Superseded: 28/09/2009
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- 01/02/1991- Amendment
- 01/06/2003- Amendment
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- 30/12/2005
Point in time - 28/09/2009- Amendment
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47 Annulment etc. of overseas adoptions.S
[F1(1)The Court of Session may, on an application under this subsection, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or order is contrary to public policy.]
(2)The Court of Session may, upon an application under this subsection—
(a)order that an overseas adoption or a determination shall cease to be valid in Great Britain on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case;
(b)decide the extent, if any, to which a determination has been affected by a subsequent determination.
(3)Any court in Great Britain may, in any proceedings in that court, decide that an overseas adoption or a determination shall, for the purposes of those proceedings, be treated as invalid in Great Britain on either of the grounds mentioned in subsection (2).
(4)An order or decision of the High Court on an application under subsection (2) of [F2section 89(2) of the Adoption and Children Act 2002 ] shall be recognised and have effect as if it were an order or decision of the Court of Session on an application under subsection (2) of this section.
(5)Except as provided by this section F3... the validity of [F4a Convention adoption, a Convention adoption order,] an overseas adoption or a determination shall not be impugned in Scotland in proceedings in any court.
Textual Amendments
F1S. 47(1) substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 6(1), 18(3) (with s. 17); S.S.I. 2003/121, art. 2(d)
F2Words in s. 47(4) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 26 (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)
F3Words in s. 47(5) repealed (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 3 (with s. 17); S.S.I. 2003/121, art. 2(j)
F4Words in s. 47(5) inserted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 6(2), 18(3) (with s. 17); S.S.I. 2003/121, art. 2(d)
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