Adoption Week Scotland, 14th to the 18th November 2022

Adoption Week Scotland 2022 runs from 14^th to 18^th of November this year, with the aim of promoting and celebrating adoption.  The theme this year is ‘Adoption: The connection with past, present and future family’.

What is Adoption?

Adoption is the legal process used to have a person or couple legally recognised as a child’s parent/s.  Once completed, they will have full parental rights and responsibilities for the child instead of the child’s biological parents.

The exception to this is when a step-parent is applying to adopt their partner’s child, in this case they will share those rights and responsibilities.

The procedure for adoption can vary, depending on the situation.

Who Can Adopt?

To adopt in Scotland the following applies;

• You must be aged 21 or over. There is no upper age limit but consideration will be given to the age difference between the adopter and the child.
• You do not have to be in a relationship to adopt.
• Certain conditions in terms of residency apply. You must live in the UK and if in a couple each member of the couple has to have bene living in the UK for at least a year ending with the date of application.

How to Adopt

The adoption process can differ due to different circumstances so it is important to bear in mind that this is a very generally outline of the adoption process.

• The child is first placed in the family of the prospective adopters with a view to adoption but, at this stage no orders are made.
• If the prospective adopter wishes to apply to the court for an adoption order, they must first intimate their intention with the local authority where they live. The local authority will prepare a report which details all of the circumstances of the child and indicate whether the adoption order is supported.
• The adoption petition would then be prepared along with the report from the local authority. The court would then decide if this needs to be served on the biological parents.
• If the child is over 12 they must provide their consent to the adoption.
• A further report is prepared in regards to safeguarding the interest of the child.

What Happens After Adoption?

After an adoption order is granted, the parental rights and responsibilities of the child’s biological parents are extinguished and these are placed on the adopter, who is now legally recognised as the child’s parent/s.

Adoption is not a quick process and it is important to remember that throughout the whole process it is important to keep the child’s best interest at heart. The adoption process can also become quite complex and this is where a family law solicitor can help to guide you through it and make the process as straightforward as possible for your family.

The contents of this article are not intended as legal advice but a general guide. For specific advice about your own situation, legal advice should always be obtained.

If you would like to discuss surrogacy further, please contact Amanda for an initial, no-obligation chat – call 01382 219004 or 07596 322 296, or email amanda@amandawilsonfamilylaw.co.uk.

You may also wish to contact:

Adoption in Scotland https://www.adoption.scot/

Association for Fostering, Kinship and Adoption Scotland https://afkascotland.org/