Adoption in Scotland and What Families Need to Know

Adoption is a life-changing step that creates a permanent legal relationship between a child and their adoptive parent or parents.

This World Adoption Day, we celebrate the families brought together through adoption and the security and lifelong commitment that help children flourish.

Who can adopt a child in Scotland?

To adopt a child in Scotland, you can do so if you meet the following criteria.

People from a range of backgrounds can be considered for adoption. Applications can be made if you’re an adult aged 21 and older, Single or in a couple. There is no legal upper age limit or ideal adopter.

Adoption can be arranged through either an agency via your local authority or any other registered agency in your area. Agencies will consider matters such as health, relationships, support networks, home circumstances, finances, and the applicant’s ability to meet a child’s needs throughout childhood and beyond

If you want to adopt a child who is a close relative or a stepchild, you do not need to involve an adoption agency, but you must tell your local authority that you want to adopt a child.

How does the process work?

In order to obtain an adoption order, you have to apply to the court. The process is not automatic. The local authority is notified and investigates the family’s circumstances before reporting to the court. The court will consider the child’s welfare throughout their life and the child’s views, where they are able to express them.

An adoption order will not be made unless the birth parents agree or unless the court decides that their consent is not needed. If the child is aged 12 or over, then the child’s formal consent is also needed. The child’s birth parents must consent to the adoption unless they are deceased or the court decides that their consent can be dispensed with. This may apply where a parent is unable to discharge their parental rights and responsibilities, cannot be located or lacks capacity to consent. A mother cannot consent to the adoption of her child until at least six weeks after giving birth.

If the application is not opposed, the adoption order is likely to be granted, subject to the court being satisfied that the legal requirements are met and that the order safeguards and promotes the child’s welfare throughout their life.

If a birth parent opposes the application, the court may require an evidential hearing, known as a diet of proof, before deciding whether the need for that parent’s consent can be dispensed with. Contested proceedings can therefore take longer to conclude.

An adoption order has significant and permanent consequences. It alters the child’s legal relationship with their birth parent and that wider family, including existing parental rights and responsibilities. Families may therefore wish to obtain advice on whether adoption is the most suitable route and whether another legal arrangement could meet their needs without ending those legal ties.

How can we help?

Our family law team can advise on the Scottish adoption process and the legal issues that may arise at each stage. We can explain your options clearly, help you prepare for court proceedings and provide advice tailored to your family’s circumstances.

Find out more about our Family Law services here.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek a solicitor’s advice from Gilson Gray.