1. Adoption and Children (Scotland) Act 2007.

Author:Plumtree, Alexandra
Position:Scotland
 
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(a) The implementation date is now expected to be in June 2009, to ensure that all secondary legislation is in place.

(b) Commencement Order 2: the Adoption and Children (Scotland) Act 2007 (Commencement No. 2) Order 2008, S.S.I. 2008/282--intercountry adoption restrictions

As reported in the last notes, this Order came into force on 1 September 2008 and commenced sections 62 to 65 of the 2007 Act. Under these sections, the Scottish Government has power to impose restrictions on adoptions from overseas countries. Following on from these provisions, three sets of regulations have been made about such restrictions. These came into force on 7 October 2008 and are: Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) (Scotland) Regulations 2008, S.S.I. 2008/303; Special Restrictions on Adoptions from Cambodia (Scotland) Order 2008, S.S.I. 2008/304; and Special Restrictions on Adoptions from Guatemala (Scotland) Order 2008, S.S.I. 2008/305.

These provisions and powers are only about placing restrictions on adopting from certain countries. The intercountry adoption system as a whole is the subject of detailed draft regulations, which have been issued for consultation.

(c) Consultation: the draft Adoptions with a Foreign Element (Scotland) Regulations were issued for consultation on 9 October until 19 December. They are available on www.scotland.gov.uk, under Consultations. They cover a number of matters: procedures for agencies dealing with prospective adoptions from designated and non-Convention/non-designated countries of origin; procedures for agencies dealing with prospective adoptions from Convention countries of origin; procedures for agencies dealing with prospective adoptions from Scotland to other Convention countries; and which provisions of the 2007 Act will be applied to enable Convention adoption order court applications to be made in Scottish courts and what sections of the Act will apply to these. There is nothing about these in the Act except the definition...

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