Adoption in Scotland is a formal legal process in which all the rights and responsibilities relating to a child are transferred to you. If your adoption order if granted you will become the child’s legal parent. The parental rights of the birth parents cease. Only children can be adopted in Scotland meaning the petition to adopt must be made before the child turns 18.
Who can adopt?
In Scotland you can adopt if:
- You are over the age of 21
- Single persons
- Heterosexual couples married or unmarried
- Homosexual couples married or unmarried
- A parent already or not
- Not born in Scotland providing you have lived here for more than one year
- You have a past conviction
Applying to adopt in Scotland
Unless the child is a close relative or your stepchild you would need to contact a registered adoption agency. An adoption Agency cannot charge a fee, however there may be associated costs that you will have to pay, such as a police check and court fees
An adoption agency will check whether you’re suitable by carrying out a home study. During a home study, they will check your:
- Medical history
- Criminal record
- Finances
- Home
This process can sometimes be lengthy and matching you with a child can take up to a year.
Adopting a close relative or your stepchild in Scotland
If you are looking to adopt a close relative or stepchild, you must tell your local council. They will check your situation and prepare a report for the court, it is then up to the court whether to grant the adoption or not.
When a child is placed with you
Until you have an adoption order you are not the legal parent. When a child is placed with you the adoption agency or local council will check how things are going. If they are happy that the match is working, they will support your application to a court to grant an adoption order.
What happens if you are rejected?
If your application is rejected, you can appeal the decision. You can also:
- Find out why
- Write a letter appealing the decision
- Use the agency’s complaints procedure
- Complain to care inspectorate
If you wish to apply to another agency, you must disclose your first application.
Are you entitled to adoption pay and leave?
If you take time off to adopt a child in Scotland you may be eligible for:
- Statutory adoption pay
- Statutory adoption leave
Charities that you can adopt in Scotland include:
- Barnardo’s
- Scottish Adoption
- St Andrews Children’s Society
- St Margaret’s Children and Family Care Society
Applying to the Court:
You require to raise a petition for adoption at your local Sheriff Court. You may be entitled to Civil Legal Aid to help with legal costs, depending upon your financial circumstances . The adoption order will not be made unless the birth parents agree, or a court dispenses with the need for their agreement. Also, the child must have lived with you for at least 13 weeks, and be at least 19 weeks old, before the adoption order can be granted.
In Scotland the child is also entitled to give their opinion on whether they wish the adoption to go ahead. The main test for adoption is whether it is better that an adoption order be granted than not, in order to ensure that the child’s welfare is safeguarded and promoted throughout their life.
