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ANNEX A: THE ADOPTION (DISCLOSURE OF MEDICAL INFORMATION ABOUT NATURAL PARENTS) (SCOTLAND) REGULATIONS 2009
SCOTTISH STATUTORY INSTRUMENTS
2009 No.
CHILDREN AND YOUNG PERSONS
The Adoption (Disclosure of Medical Information about Natural Parents) (Scotland) Regulations 2009
Made - - - - 2009
Coming into force - - 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 74(1) and 117(2) of the Adoption and Children (Scotland) Act 2007( 1) and all other powers enabling them to do so.
In accordance with section 117(5) of that Act, a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.
1. Citation and commencement
These Regulations may be cited as the Adoption (Disclosure of Medical Information about Natural Parents) (Scotland) Regulations 2009 and come into force on 2009.
2. Interpretation
In these regulations-
"the Act" means the Adoption and Children (Scotland) Act 2007; and
"adoptive parents" means persons who are to or may adopt, or have adopted, the relevant child.
3. Application
These regulations apply subject to-
(a) the Adoption Agencies (Scotland) Regulations 2009( 2);
(b) the Adoption Information (Scotland) Regulations 2009( 3); and
(c) the Adoption (Disclosure of Information) (Scotland) Regulations 2009( 4).
4. No automatic right of access to information
Neither the relevant child nor the adoptive parents have an automatic right to access information about the health of the natural parents of the relevant child.
5. Disclosure of medical information about natural parents
(1) Where an adoption agency has not been able to obtain the information specified in paragraph 32 of schedule 1 to the Adoption Agencies (Scotland) Regulations 2009, (whether there is any history of genetically transmissible or other significant disease in the family history of either the father's or mother's family) a registered medical practitioner holding any such information must disclose it to the adoption agency when requested to do so.
(2) Any information disclosed to an adoption agency under this regulation must be placed on the case record relating to an adopted child created under regulation 2 of the Adoption Information (Scotland) Regulations 2009.
(3) Any information disclosed to an adoption agency under this regulation must be treated by that agency as confidential.
[A member of the Scottish Executive]
[Authorised to sign by the Scottish Ministers]
St Andrew's House,
Edinburgh
2009
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, made under the Adoption and Children (Scotland) Act 2007, make provision concerning the disclosure of information about the health of the natural parents of a child who is to be, may be or has been adopted.
Regulation 3 provides that these Regulations apply subject to the Adoption Agencies (Scotland) Regulations 2009, the Adoption Information (Scotland) Regulations 2009 and the Adoption (Disclosure of Information) (Scotland) Regulations 2009.
Regulation 4 provides that neither the child who is to be, may be or has been adopted, nor the adoptive parents of that child, have an automatic right to access medical information concerning that child's natural parents.
Regulation 5 provides that where an adoption agency has been unable to obtain information about transmissible genetic, or other significant, disease in the family history of the child's natural parents, a GP holding such information must disclose it to the adoption agency on request. That information is then held on the case record relating to the child. Any information disclosed by the GP must be treated, by the adoption agency, as confidential.
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