You may have considering giving a child or children a home with you and your family. You may have decided to adopt a child. In Scotland for the year up too 31st March 2019 559 children were adopted in Scotland. The average time to adopt was 6-12 months, however, the process could be much quicker and could take less than 3 months. Alternatively, the process could take longer and take up to 18 monthsDeciding that you want to adopt is a big step and you might find the process confusing. Below is a step-by-step guide of the adoption process in Scotland. If you would like to speak to one of our qualified solicitors about the adoption process then do not hesitate to contact us.
Am I eligible to adopt?
There are assessment criteria to make sure that you are able to look after a child. The relevant legislation is the Adoption and Children (Scotland) Act 2007 which sets out that you must be over 21 years old. You can adopt either in a couple or as a single person. To adopt as a couple you need to be either married, in a civil partnership or be live together as if husband and wife in an enduring family relationship,or persons who are living together as if civil partners in an enduring family relationship. There is currently no upper age limit, however you must be able to demonstrate that you have the space, energy and good health to meet the needs of children.
You can adopt a child no matter what your religion or racial origin is. You can also adopt a child no matter your gender. Single men and women;, men and woman who are married or living together in a relationship; same sex couples who are married or living together. Couples do need to have been in a relationship for a minimum of 3 years.
You may be unable to adopt if you are a smoker. Children under the age of 5 will only be placed in non-smoking households. However, some local authorities do not place children of any age in smoking homes. If you have smoked and would like to adopt then you must have not smoked for at least 12 months to be considered a non-smoker.
The process
Making the initial enquiry
Once you have decided that adoption is for you and you would like to get the ball rolling, you should contact an adoption agency to make an initial enquiry. The adoption provide you with more information about adopting if you would like to proceed with the adoption. You will need to complete and return the relevant forms to the agency and they will arrange for a social worker to visit you in your home.
Home visit
When the social worker visits you at your home, they discuss with you the preparation and assessment process and the checks that will be carried out to assess your suitability.
At this point you should be as honest as possible so that the agency can be clear with you about the challenges that come with adopting and also assess whether or not you are suitable to adopt.
Preparation Groups
The next step is attending preparation group courses. These will allow you to find out more about the adoption in Scotland.
Home Study
After the preparation groups, if you decide that adoption is for you, then you can formally apply to be assessed as a prospective adopter. You will be allocated a social worker who will assess your suitability to adopt by building your profile. You will meet with your social worker several times both together (if you are a couple) and individually to ask detailed questions about your own family background, your childhood and current circumstances. You will also need to have a full medical examination with your GP. This part of the process will take a few months to complete. Quiet rightly, the agency that you are adopting a child through needs to make sure that you are fit for the role.
Adoption Panel
This panel is made up from social workers, professionals and independent people. You will be asked questions from the panel members. Based on the answers you give and the recommendations from the home report, the panel will decide if you should be approved as an adoptive parent.
Most people who reach this stage will be approved, you should receive this decision roughly one week after the panel has sat.
Matching
Once you have been approved, the organisation you are adopting through will begin to consider if there are children waiting for adoption who are a suitable match to you and your family.
Adoption Panel 2
This second panel will decide if you and the child are a good match. You will be given information on the child and their background, and you will gradually meet the child or children that you will be adopting.
The Adoption Order
Once your adoptive child/children have lived with you for a minimum for 13 weeks, you can apply for an Adoption Order. It is at this point that you might want to instruct a solicitor to act on your behalf or speak to a solicitor for advice on how to proceed. Adoption Orders can be found in the Adoption and Children (Scotland) Act 2007 Once the order has been made, it will transfer all rights and responsibilities originally held by the birth parents of the child or children you have adopted to you.
