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
