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ANNEX A: DEFINITION OF "PARENT"
The Act does not provide a general definition of "parent". Instead "parent" is either left undefined (in which case it bears its ordinary meaning) or is given a specific definition for a specific purpose. For example, in section 31 an adoption order cannot be made by the court unless one of 5 conditions is met. The first condition is that each parent or guardian understands the effect of the making of the adoption order and has consented (or one of the grounds for dispensing with consent is met). Here "parent" means a parent who has parental responsibilities and parental rights in respect of the child or a person whose responsibilities and rights have been removed by the making of a permanence order which does not include provision granting authority for the child to be adopted.
There are 3 different groups of "parent" referred to in the Act. Where "parent" is undefined this will include all parents with parental rights and responsibilities (which rights and responsibilities are defined in sections 1 and 2 of the Children (Scotland) Act 1995) as well as all natural parents whether or not they have such rights and responsibilities. The second group is the group defined in the example given above found in section 31 of the Act which is restricted to only those parents with parental rights and responsibilities (or where those rights and responsibilities have been removed by the making of a permanence order with no authority to adopt). Examples of this group are to be found in sections 31 and section 83 (permanence order granting authority for adoption: conditions).
The third group of parents referred to in the Act are natural parents. This group may or may not have parental rights and responsibilities but will exclude persons who have such parental rights and responsibilities if they are not the child's genetic parents. Examples of references to natural parent are found in sections 1 (duty of local authority to provide adoption service ) and 30 (adoption by one person).
In these Regulations where "parent" is not defined then this will be a reference to the first group of parents (natural parents and those with parental rights and responsibilities). Where a different group of "parents" needs to be distinguished then a separate definition is given for the purposes of that provision. This paper explains in each regulation which group of parents is covered in that provision.
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