Adoption

The legislation governing the adoption of children in Scotland is the Adoption and Children (Scotland) Act 2007 and your adoption order will usually be granted by a Sheriff Court. The first step is an application to the local authority, which will appoint a social worker to handle your case. Your social worker will carry out a number of home visits to assess your suitability to become a parent and any associated matters and this report will be submitted to the court along with your Petition for Adoption. The matter will then proceed through the court procedure, with the next steps, and the time taken, dependent on whether or not the adoption is opposed by the birth parent(s).

Currently, only those under 18 can be legally adopted.

Applicants for adoption should be over the age of 21, but there is no upper age limit for adopting. However, it is likely that adoption agencies will investigate any potential health issues when older people apply to become adoptive parents.

In general, Adoption Orders will only be granted if the child's natural parents give consent. In certain circumstances, the Court will waive this, for example, if the child's natural parent does not carry out their parental responsibilities in a satisfactory way, or exercise their parental rights. Additionally, if the child's well-being would be jeopardised in any way the Court may not pursue the issue of natural parent consent.

Where a stepfather wishes to adopt a child without consent from the natural father, there are alternatives to adoption that could be considered. These include a Residence Order or an Order conferring Parental Rights and Responsibilities. Our experienced solicitors will be able to discuss all the options with you.