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 parent(s).
The granting of an adoption order severs the legal relationship between a birth parent and their child replacing it with an equivalent legal relationship between the adoptive parent and child. In Scotland, the law on adoption is governed by the Adoption and Children (Scotland) Act 2007.
A birth parent must either agree to the granting of an adoption order or the court must decide that his or her agreement can be dispensed with. The specific grounds on which parental consent can be dispensed with are set out in the above Act.
When a local authority considers that a child will be unable to return to their family and requires a permanent alternative placement, the local authority can apply to the court for a ‘permanence order’. If adoption is being proposed, the court can grant a ‘permanence order with authority for adoption’. The granting of such an order clarifies the legal route being pursued for the child and provides a degree of legal security prior to an adoption order being granted. The child can then be placed with prospective adopters who apply to the court for an adoption order.
Only a person or a couple (as opposed to an agency or local authority) can apply for an adoption order. This is done by submitting an adoption petition to the court. The adoption order cannot be granted until the child has lived with the petitioners for a minimum period of 13 weeks. If the birth parent(s) contest the application the court process can be lengthy.
For children who require permanent care but not adoption, the local authority can apply to the Court for a permanence order without authority to adopt.