Children (Scotland) Act 1995

97 Adoption by person married to natural parent

(1) In section 12 of the 1978 Act (making of adoption orders)—

(a) in subsection (3), at the beginning, insert “Subject to subsection (3A)”; and

(b) after subsection (3) insert—

“(3A) Where the adoption order is made by virtue of section 15(1)(aa), its making shall not operate to extinguish the parental responsibilities and parental rights which immediately before the making of the order were vested in the natural parent to whom the adopter is married.”.

(2) In section 15(1) of that Act (adoption by one person)—

(a) after paragraph (a) insert—

“(aa) not being a person who may make application by virtue of paragraph (b) below, is married to a person—

(i) who is the natural parent of the child concerned; and

(ii) in whom are vested parental responsibilities and parental rights in relation to the child,”; and

(b) in paragraph (b), at the beginning insert—

“not being a person who may make application by virtue of paragraph (aa) above,”.

(3) In section 39 of that Act (status conferred by adoption), for subsection (1) substitute—

“(1) A child who is the subject of an adoption order shall be treated in law—

(a) where the adopters are a married couple, as if—

(i) he had been born as a legitimate child of the marriage (whether or not he was in fact born after the marriage was constituted); and

(ii) he were not the child of any person other than the adopters;

(b) where the adoption order is made by virtue of section 15(1)(aa) as if—

(i) he had been born as a legitimate child of the marriage between the adopter and the natural parent to whom the adopter is married (whether or not he was in fact born after the marriage was constituted); and

(ii) he were not the child of any person other than the adopter and that natural parent; and

(c) in any other case, as if—

(i) he had been born as a legitimate child of the adopter; and

(ii) he were not the child of any person other than the adopter.”.