SCHEDULES

SCHEDULE 2 Amendments of the Adoption (Scotland) Act 1978

10

In section 16 (provision for parental agreement to adoption order)—

a

for subsection (2) substitute—

2

The grounds mentioned in subsection (1)(b)(ii) are, that the parent or guardian—

a

is not known, cannot be found or is incapable of giving agreement;

b

is withholding agreement unreasonably;

c

has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child—

i

the responsibility to safeguard and promote the child’s health, development and welfare; or

ii

if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis;

d

has seriously ill-treated the child, whose reintegration into the same household as the parent or guardian is, because of the serious ill-treatment or for other reasons, unlikely.

b

subsection (5) shall cease to have effect.