Adoption and the Law
Adoption is the legal process by which a child becomes a full and permanent member of a new family. All parental rights and responsibilities are transferred to the adoptive parents.
Adoption is the severing of the relationship between a natural parent and child and the creation of a new relationship between the adoptive parent and child.
Adoption is the most permanent and far-reaching route to permanency. In Scotland, the law on adoption is currently governed by the Adoption Scotland Act 1978. This will be replaced in 2008 by the new Adoption and Children (Scotland) Act.
A birth parent must either agree to the granting of an adoption order of his or her agreement be dispensed with one or more of the statutory grounds.
Only a natural person (as opposed to an agency or authority) can apply for an adoption order. When a local authority considers adoption the most suitable route to permanency it can apply to a court to have the child freed for adoption. A freeing order transfers the parental rights and responsibilities from the birth parent to the local authority in its role as an adoption agency. The adoption agency is then able to place the child with prospective adopters who apply to the court for an adoption order.
The Child must live with the petitioners for a minimum of 13 weeks before an adoption order can be granted. The birth parent must either agree to the freeing application on his or her agreement be dispensed with on one or more of the statutory grounds. This can be a lengthy process if birth parents contest the adoption petition.