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Adoption (Scotland) Act 1978
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- 1978 c. 28
- Part VI
- Section 49
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Changes over time for: Section 49
Version Superseded: 28/09/2009
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- 01/02/1991- Amendment
- 14/10/1991- Amendment
- 01/11/1996- Amendment
- 01/11/1996
Point in time - 28/09/2009- Amendment
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Adoption (Scotland) Act 1978, Section 49 is up to date with all changes known to be in force on or before 17 November 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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49 Adoption of children abroad. S
(1)Where on an application made in relation to a child by a person who is not domiciled in England and Wales or Scotland [F1or Northern Ireland] an authorised court is satisfied that he intends to adopt the child under the law of or within the country in which the applicant is domiciled, the court may, subject to the following provisions of this section, make an order [F2transferring to him the parental responsibilities and parental rights in relation] to the child.
(2)The provisions of Part II relating to adoption orders, except sections 12(1), 14(2), 15(2), 17 to 21 and 25, shall apply in relation to orders under this section as they apply in relation to adoption orders subject to the modification that in section 13(1) for “19”: and “13”: there are substituted “32”: and “26”: respectively.
(3)Section 45 and paragraphs 1 and 2(1) and (3) of Schedule 1 shall apply in relation to an order under this section as they apply in relation to an adoption order except that any entry in the register of births or the Adopted Children Register which is required to be marked in consequence of the making of an order under this section shall, in lieu of being marked with the word “Adopted”: or “Re-adopted”: (with or without the addition of the [F3words “(England)”: or “(Northern Ireland)”:]), be marked with the words “Proposed foreign adoption”: or “Proposed foreign re-adoption”:, as the case may require.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 49(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, Sch. 10 para. 42(a) (with s. 108, Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F2Word in s. 49(1) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 23 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F3Words in s. 49(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 42(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F4S. 49(4) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).
Modifications etc. (not altering text)
C1S. 49 excluded by S.I. 1984/1050, art. 4, Sch. 1 para. 3
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