If you’re someone who wants to start their own family, then adoption is a commendable and rewarding route to take. Whether you can’t have children of your own or simply wish to give a loving home and upbringing to those children who don’t currently have one, child adoption is a great way to change both your and a child’s life for the better.
Of course, considering that the welfare of a child is at stake, this is an understandably lengthy and meticulous process, typically taking anywhere between six to eight months (although it can be longer). Choosing to adopt is not something to take lightly - after all, being a parent is a lifelong commitment. In this guide, we’ll inform you of all the essential facts to note when it comes to adopting a child in Scotland, as well as how to go about this and what you can expect from the process.
Who Can Adopt?
The laws on who can adopt a child in Scotland and the rest of the UK are a lot more inclusive than they used to be even compared to 20 years ago. In Scotland, you are eligible to adopt a child if you are:
● Aged 21 or older (there is no upper age limit)
● Single or in a couple (no matter your sexuality)
● Already a parent or not
● Born in Scotland, or not born in Scotland but have lived here for over a year
Many people think that they will not be able to adopt if they are unemployed or earning under a certain amount of money, however this is not the case. Though your financial situation and employment status will be taken into consideration as part of an adoption assessment, you do not need to be employed or earning a certain level of income to adopt a child.
This is because you are allowed to adopt whilst on benefits, and may be entitled to adoption allowances and tax credits (these do not interfere with any existing financial support you may receive) to help you support a child.
More information regarding who can adopt can be seen in our blog on frequently asked questions about adoption in Scotland, which can be found here.
What Are the Costs of Adopting?
National adoption is free in the UK. You legally cannot be charged a fee from an adoption agency, whether you go through the adoption process with a local authority or a voluntary agency, instead the costs for these services are covered by Scotland’s Adoption Register.
Although there is no charge to adopt a child, you may encounter other fees such as court fees when applying for an adoption order, or the charge for a police check if it’s required. It is worth speaking to your adoption agency about the costs that you may incur, and whether they offer any support with these.
The Adoption Process
Find an Agency
Once you’ve decided that you want to adopt and are serious about going ahead with this process, then the first step to take is to find an agency. In Scotland, there are 32 local authority adoption teams, as well as four volunteer adoption agencies, which are:
- Barnado’s
- Scottish Adoption
- St Andrews Children’s Society
- St Margaret’s Children and Family Care Society
You can find a local authority agency in your area by looking at this map.
Once you’ve found your local adoption agency, you will then need to contact them to discuss making a formal adoption application.
In this, you should typically include your age, ethnic origin, occupation and (if relevant) your religion, details of any other children and the length of your relationship (if you are adopting with your partner). It is also at this point that you should state the kind of child you are looking to adopt, for example a baby or an older child, since this can impact the decision of your suitability after the assessment of your application has been carried out.
It is also worth noting that the broader the range of children you are open to considering, the more likely it is for you to be considered a prospective adopter.
Assessment of Your Application
Upon making an application, a number of checks will be carried out in order to assess your suitability to adopt. The bulk of this assessment will include what’s known as a home study, which checks your:
● Medical history
● Criminal record
● Finances
● Home environment (to ensure that it is safe for a child)
As part of this process, you will undergo a series of home visits and meetings with an allocated social worker, who may also meet with your friends or family members.
All the information gathered will then be referred to the adoption panel, upon which a decision will be made on whether or not you should be approved by the agency to become an adopter.
Matching You to a Child
If your application is approved, then the next step is for you to be matched with a child that is considered a good fit for the both of you. This may take some time due to a number of circumstances, and you will first be asked to consider matches at a local level, however if a match has not been found after three months then you will be referred to Scotland's Adoption Register, which contains details on all the children nationally that are waiting to be adopted.
Once a match has been found, then you will meet with your social worker to learn more about the child, with the ultimate decision on whether to match them with you being up to the adoption agency and the child’s social worker.
The Court Process
When you are matched with a child, you do not immediately become their legal guardian. Instead, the child will live with you and the adoption agency will check in to monitor how well things are going. After a minimum of 13 weeks, if they are happy that you are a good match, then they will apply for an adoption order with the court (as long as the child is at least 19 weeks old).
It is not until the court grants this adoption order that you become the child’s legal guardian. This order will not be made unless the birth parents agree to it, unless the court officially decides that their consent is not needed. The child’s formal consent must also be given if they are over the age of 12, if not then the adoption will not go through. If the child is under 12, then their views on the adoption match must also be taken into account, assuming that they are mature enough to have views on the subject.
If and when you have been granted an adoption order, then the birth family no longer has any legal rights over the child.
DJP Family Law Solicitors
If you live in Scotland and are currently in the process or considering entering the process of adoption, then our family law solicitors at DJP Solicitors are here to help you.
Based in Aberdeen and serving the surrounding area, we are able to assist you with the legal aspects relating to child adoption cases, whether that be applying to the court for an adoption order or any other legal issues that crop up along the way.
We also offer legal advice and assistance with other family law issues relating to children, such as child custody, access, residence and contact, with the aim to make the process as smooth as possible and achieve the best outcome for both you and your children.
We believe that everyone deserves to have accessible assistance when it comes to legal issues, which is why our law firm offers three payment options for our family law services, so that you can find the right one that best suits you.
If you would like to learn more about the ways in which we can help you, then please don’t hesitate to contact us today. We will always strive to put the wellbeing of your child first.
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