Adoption is a life-changing journey which helps provide a child with a safe, loving and permanent home. This article provides an overview of the stages of the adoption process and addresses some common questions.
How long does the adoption process take?
The length of the adoption process can vary depending on a range of factors.
For agency-adoptions, the process can be summarised in five stages.
- Initial enquiry: If you are looking to adopt, you should contact a registered adoption agency. These agencies can be local authorities or charitable organisations and are listed within the Care Inspectorate. You can then attend information sessions and learn more about the process.
- Assessment: A social worker will carry out a thorough assessment of your circumstances, including medical history, finances, criminal record and home environment. This may take several months. An adoption panel will then decide whether they think you are suitable to adopt.
- Matching: If you have been approved, the agency will work with you to match you with a child. The timeline for this can vary hugely. It could be very quick, but in some cases, it can take a year or longer to find a suitable match.
- Placement: The child will then be placed with you and the adoption agency will monitor the placement. This placement could be for a few months or up to a year.
- Adoption: Provided the placement goes well, you can apply to the court for an adoption order to make you the child's legal parents. The child can only be adopted once they are at least 19 weeks old and have been in your continuous care for at least 13 weeks.
For non-agency adoptions (e.g. stepchild or close relative adoption) the process can be much quicker. In the first instance you should inform the local authority of your intention to adopt. The local authority will appoint a social worker who will carry out an assessment. Following the assessment, you can apply to the court for an adoption order.
Who can adopt?
You can adopt a child if you are single, married, in a civil partnership or a cohabiting couple. These can be same-sex or heterosexual couples but if you are in a couple, you must show you are in an 'enduring family relationship' with one another.
You must be aged 21 or over and there is currently no set upper age limit. However, during the assessment process, age will be taken into account and when determining whether to grant the adoption order, the sheriff will also consider your age.
The court process
A solicitor can assist you with applying to the court for an adoption order. They will lodge a document called a petition which sets out the basis for your application and asks the court to grant an adoption order. A court hearing will then be assigned for 6-8 weeks later. If the adoption petition is unopposed, the adoption order can be granted at this hearing. However, if the biological parents oppose the adoption, further court hearings will be required. In order to make an adoption order, the sheriff needs to be satisfied that the adoption order would safeguard the child's welfare.
Do the biological parents need to consent to the adoption?
An adoption order will only be granted if the biological parents consent to the adoption, unless the sheriff determines that their consent can be dispensed with. This may occur if the biological parents have passed away, are unable to be found, are mentally incapable of providing consent, or are unable to (and likely to continue to be unable to) discharge their parental responsibilities or exercise their parental rights. The sheriff can also dispense with parental consent if the welfare of the child otherwise requires the court to take that step.
Who has rights in relation to the child after the adoption order is granted?
Once the adoption order is granted, the birth parents will no longer have any legal rights or responsibilities towards the child. You will be the child's legal parent(s). The child's birth certificate will be amended to show you in place of the biological parents. Post-adoption contact between the biological family and the child can be agreed/ordered. This contact could be direct (such as meeting up in person or phone calls) or indirect (such as letters or emails). The frequency, or whether this occurs at all, would depend on the circumstances of the case.
Adopting a child is a significant decision but with the right support and information, it can be a rewarding journey. The Brodies family law team are experienced in advising clients on the adoption process. If you are considering adoption, we would be delighted to assist you.
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