Adoption Week Scotland takes place every November — a time to celebrate adoption and raise awareness about what it means to provide a child with a loving, permanent home. This year’s theme is Growing Our Family Through Adoption and we have prepared a simple guide to how adoption works for prospective adopters in Scotland and what to expect from the process.

What is adoption?

Adoption is when you become a child’s permanent legal parent through a court order, called an Adoption Order. Once the order is granted, you will obtain full parental rights and responsibilities in relation to the child.

Who can adopt?

You can apply to adopt either on your own (as an individual) or as part of a couple. Other criteria for adoption include:

You are 21 or older
You live in Scotland and have done so for at least one year
You have a spare room for a child

The Adoption Process

The first step is to contact a registered adoption agency. There are 32 local authority teams and 4 voluntary adoption agencies across Scotland.

A social worker will carry out an Initial Assessment Report, looking at things like your home, finances, background checks, and motivation to adopt.
Your application will then go to an adoption panel, which decides if you are suitable to become an adoptive parent.

Once you are approved as a prospective adopter you can begin the process of exploring possible matches with a child. You will be given information about the child, and if the professionals agree that you and the child are compatible, a Matching Panel will be scheduled.

The Matching Panel will discuss the proposed match and then make a recommendation to the Agency Decision Maker. The Agency Decision Maker will decide within 14 days of the panel meeting if the match is to be approved.

If approved, the child will then be placed with you at your home. The adoption agency will monitor the placement to ensure it is going well.

Provided that the placement goes well, you should seek legal representation and after at least 13 weeks of continuous care — and once the child is at least 19 weeks old — you can apply to the sheriff court for an Adoption Order.

The Court Process

Adoptions in Scotland are governed by the Adoption and Children (Scotland) Act 2007.

Your solicitor will prepare and lodge your application to adopt, known as a petition, with the sheriff court, along with the child’s birth certificate and any other required documents.

If anyone wishes to oppose the adoption, they usually must do so within 21 days. A preliminary hearing is normally scheduled around eight weeks after lodging the petition.

A Curator ad litem (Independent solicitor) and Reporting Officer (usually the same person) will be appointed to prepare a report, gather the child’s views (if appropriate), and confirm whether consent is given.

Consent of birth parents

An adoption order can be granted if the birth parents’ consent to the adoption. Alternatively, the consent of the birth parents can also be dispensed by the Sheriff if for example, the birth parents cannot be found or cannot satisfactorily discharge their responsibilities or exercise their parental rights in respect of the child, which failing if the child’s welfare requires such an order to be made.

If the adoption order is unopposed, the adoption order will usually be granted at the preliminary court hearing. If the adoption order is opposed by the birth parents, further court hearings will be required.

The Sheriff will only grant an adoption order if it is in the best interest of the child that an adoption order is made rather than not.

If you are considering growing your family through adoption, our expert Adoption team would be delighted to assiat you through the process.

contact: adoption@wjm.co.uk

WJM Solicitor Gains Trauma Awareness Accreditation

A solicitor from Wright, Johnston & Mackenzie LLP has been accredited for her competency and knowledge on the complexity and impact of trauma.

Emma Letham, Associate at WJM, has gained the Trauma-Informed Lawyer Certification from the Law Society of Scotland at a time when trauma-awareness and trauma-informed practice are forming the heart of a fairer justice system.

Emma has worked in family law for over seven years, becoming a specialist in adoption and permanence cases.

The prominent member of the Association for Fostering, Kinship & Adoption Scotland was certified after completing the specialist course that has been in high demand, despite it only launching a year ago.

Emma said: “It is a privilege to have been given the opportunity to undertake this course. Upskilling in how to spot signs of trauma is so important in effectively handling cases that require an extra level of sensitivity.

“I have always been interested in psychology and human behaviour and it is therefore no surprise that I chose to practice in a human-centric area of the legal sector.

“I now feel better equipped to assist my clients through a trauma-informed practice and I am of the view this course is invaluable for all family lawyers.”

Tom Quail, head of the WJM family law team, said: “Emma has shown high levels of compassion and integrity throughout her career and this course will stand her in good stead for providing the best possible support to her clients.

“Our firm is committed to supporting the team in pursuing the CPD and training opportunities that will help them to continually upskill and provide the best possible level of service.”

It adds to Emma’s other specialist training, as she has previously undergone Domestic Abuse Training for Solicitors provided by Scottish Women’s Rights Centre.

Adoption FAQs – The Children’s Hearing process

To mark Adoption Week Scotland, our Adoption specialist, Emma Letham, has put together a series of blogs, answering commonly asked questions from Prospective Adopters.

Do Prospective Adopters need to take part in the Children’s Hearing process?

The short answer is no. Prospective Adopters do not need to take part in the Children’s Hearing process.

However, it is something to which you might want to give some consideration, particularly if the child’s birth parent(s) are likely to oppose the Adoption Order at Court.

When a child is living with their Prospective Adopters, the child will often be the subject of a Compulsory Supervision Order (“CSO”) through the Children’s Hearing System.

The CSO is required to be reviewed every 12 months from the date it was issued. The CSO is reviewed at a Children’s Hearing and the Panel Members are able to make substantive changes to the CSO. These changes can include the contact which a child has with their birth parent(s).

As a Prospective Adopter, you have no automatic right to attend or contribute to the Children’s Hearing. In addition, unless you are deemed a “Relevant Person” by the Children’s’ Hearing, you are unable to Appeal decisions of the Panel Members. The child’s Social Worker cannot Appeal a decision.

Therefore, some Prospective Adopters wish to be deemed “Relevant Persons” to allow them to attend and contribute to the Children’s Hearings for the child. This also provides them with the right to Appeal a decision if the Panel Members make a decision which the Prospective Adopters do not believe is in the child’s best interests.

The test for being deemed a “Relevant Person” is as follows; –

“The individual has (or has recently had) a significant involvement in the upbringing of the child”.

A Prospective Adopter should therefore easily meet this test (if the child is currently living with the Prospective Adopter).

A child’s birth parents automatically have “Relevant Person” status.

In some Adoption Cases, where the birth parent(s) are opposing the Adoption Petition, the birth parent(s) may request an early Review Hearing to ask the Panel if contact can be re-instated between them and the child.

If the Prospective Adopters are deemed Relevant Persons, then they have a right and duty to attend Children’s Hearings for the child and have their views heard by the Panel Members.

For more information about the Children’s Hearing process or the Adoption legal process, please contact our Adoption specialists – Emma Letham at ell@wjm.co.uk and Roger Mackenzie at rlm@wjm.co.uk

Q&A with an Adopter

To mark Adoption Week Scotland, our Adoption specialist, Emma Letham, spoke with a recent adopter about his experience of the Adoption Process:-

EL – What has been the best thing about adopting?

Achieving something that I never dreamed was possible. Adoption for same sex couples didn’t become legal until 2009, so becoming a parent wasn’t something that I believed would be possible and at times I still can’t believe I’ve achieved it. I love being a parent and being able to pour all the love that I have in to my son to ensure that he has love, stability and security is my key priority, he is everything to me. Watching him grow and develop in to a confident, funny loving little boy is the best part of it.

EL – Have you felt supported along your adoption journey?

Absolutely! Whilst the adoption process can be complex, and at times tricky, I’ve always felt supported throughout. Everyone (friends, family and colleagues) are there to offer and provide support all the time and everyone continues to ask questions in order for them to understand. You also have the opportunity to build strong relationships with other adopters and those relationships are extremely important. I’ve always felt supported by my social worker and solicitor too. Choosing a solicitor who specialises in adoption is vital as they can help you navigate the legal aspects of the process.

EL – What kind of support is there for adopters?

There is so much support available throughout the entire process, so there is no shortage of support. Your adoption agency provides excellent up-skilling during your preparation groups to ensure you understand the process and understand the background that your child is likely to have experienced. The relationships you form in these groups are important as we have become lifelong friends with the other adopters that we attended these groups with. You then have an allocated social worker who meets with you regularly and prepares you for the adoption panel. They then support you through the family finding stage and ensure that you are fully supported when your child or children move in. Your child or children will also have their own social worker, so they are always available for help and support. Then you have your solicitor and when your child or children have moved in and you are entering the legal aspects of the process, your solicitor is essential in providing that guidance throughout. In additional to the formal roles available, there’s also facebook groups and other online platforms that help you connect with other adopters.

EL – What advice would you give to someone who is considering adoption?

Keep your eyes on the prize. If your motivation is about being a parent, then adoption could be the route for you. It’s not straightforward for some people, but there’s plenty support available to ensure you are guided through each step. Unfortunately some children are out there and they are looking for their forever families. They could be looking for you ….

For any questions about the legal process for Adoption, please contact one of our solicitors who have expertise in dealing with adoption matters – Roger Mackenzie at rlm@wjm.co.uk or Emma Letham at ell@wjm.co.uk

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Growing Your Family Through Adoption