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INTRODUCTION

The Adoption and Children (Scotland) Act 2007 ('the 2007 Act') introduced a range of reforms into the law relating to the adoption of, and permanent care for, children who cannot remain with their birth families. The 2007 Act also contains the amendments made to the Adoption (Scotland) Act 1978 ('the 1978 Act') by the Adoption (Intercountry Aspects) Act 1999 ('the 1999 Act') to regulate intercountry adoption in both Hague Convention and non-Hague Convention cases. In order to ensure that people living in the United Kingdom wishing to adopt a child from overseas follow the appropriate approval procedure, whether they adopt the child abroad or in the United Kingdom, the 2007 Act enhances the safeguards in the 1999 Act. It incorporates the restrictions in that Act on bringing a child into the United Kingdom for the purpose of adoption by a British resident, and provides a new restriction where a child is brought into the United Kingdom if he has been adopted by a British resident under an adoption order made under the law of a country outside the British Islands, which is not a Hague Convention adoption, within the previous 12 months.

The full text of the 2007 Act may be found at:

http://www.opsi.gov.uk/legislation/scotland/acts2007/asp_20070004_en_1

This document accompanies the draft Adoptions with a Foreign Element (Scotland) Regulations 2009. It sets out the policy behind the draft regulations and seeks your comments on a number of issues within the regulations. The consultation period runs until 19 December 2008.

The regulations consolidate the Adoption of Children from Overseas (Scotland) Regulations 2001 ('the 2001 Regulations') and the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 ('the 2003 Regulations). The regulations also draw on the Adoptions with a Foreign Element (Scotland) Regulations 2005 ('the English Regulations') where appropriate to ensure that there is a consistency of approach in terms of procedure. It should be noted that some points of detail have still to be settled.

While we welcome comments on all of the draft regulations, there are specific questions on which we seek your views and these are highlighted in the document. We would also be grateful for responses to the following specific question:

As indicated in paragraphs 5 and 7 of the Background (page 6) the 2007 Act removes the exemption of parents, guardians and relatives of the child from the restrictions on the movement of children into or out of Great Britain for the purposes of adoption but enables regulations to be made which provide for the restrictions to apply with modifications or not to apply if the prospective adopters are parents, relatives or guardians of the child (or one of them is) or the prospective adopter is a step-parent, and prescribed conditions are met.

The current exemption means that parents, guardians and relatives do not require (a) an order under section 49 of the 1978 Act authorising the taking or sending of a child out of the country for adoption or (b) a 'homestudy' in terms of the 2001 Regulations when bringing a child into the country for the purpose of adoption.

• Should the current exemption of parents, guardians and relatives from the restrictions on the movement of children into or out of Great Britain for the purposes of adoption be removed?

Removing the exemption would bring policy in Scotland into line with England and Wales. It is also worth pointing out that the Hague Convention (and consequently the 2003 Regulations) makes no distinction between relatives and non-relatives.

This document is primarily being distributed electronically and is available on the Scottish Government web-site at:-

www.scotland.gov.uk/adoptionsforeignelementregs

If, however, you would wish to be sent the document in photocopy please contact

Suzanne Allan on 0131 244 0407

or e-mail adoptionregulations@scotland.gsi.gov.uk to arrange for a copy or copies to be sent to you.

Please send your response electronically to the above address or in hard copy to

Please complete the details on the respondent information form at the end of this document and return it with your response. This will help ensure we handle your response appropriately. The form should be printed first to enable completion and then either scanned and emailed or sent as a hard copy (depending on how you intend to send your response). Thank you for your help.

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