Adoption in Scotland is a court based process. Only the court can grant an adoption order. The relevant legislation is the Adoption and Children (Scotland) Act 2007. The legislation provides that a child can be adopted by a) a couple who are married to each other or are in an enduring family relationship; or b) a single person. Whilst the legal process is the same in both scenarios, there will undoubtedly be practical considerations which must be at the forefront of the mind of anyone seeking to adopt a child by themselves.
1. Necessary requirements
The legislation makes it clear that an adoptive parent must be over the age of 21. They must have their place of habitual residence in the British Isles. That means that they must live their day to day lives here. They do not , however, require to be British Nationals. The child must be at least nineteen weeks old and have lived with the prospective adopter for at least 13 weeks before the application to adopt can be made A child can only be adopted if they are under the age of 18.
2. Who will look after my child if I am incapacitated or otherwise unavailable?
Everyone gets ill from time to time. Similarly, emergencies can arise which take parents away from home at short notice. Before granting an adoption order, the court will require to be satisfied that the adoptive parent is capable of meeting the child's practical and emotional needs. The prospective adopter ought to give careful consideration to who will be their support network and who will be available to assist with any necessary childcare.
3. How will I financially support my child?
The law does not impose a minimum income or capital position for those seeking to adopt. There is also no requirement for prospective adopters to own their own home (renting is fine). However, as is the case for couples, an individual seeking to adopt does need to demonstrate to the court that they will be able to support the child financially. Depending on the age of the child, this may involve the adoptive parent working on a flexible basis or factoring in the costs associated with child care. The financial implications of assuming responsibility for a child can be huge, particularly when one person is bearing these costs alone. It is therefore worth reality testing how an adoptive parent will be able to meet these costs prior to making any application for adoption.
4. How will I handle any ongoing contact between the child and their birth family?
When considering an adoption application, the court will require to determine whether there ought to be any ongoing contact between the child and their birth family. In some cases, the court may decide that post-adoption contact with the birth family is not in the child's best interests. In other cases, letterbox contact (exchanging letters a number of times each year) or face to face contact is ordered by the court. Such contact is not restricted to the child's birth parents (it may, for example, include contact with siblings). As they mature, a young child may well have a host of questions regarding their background and how they came to be adopted. All of this can be difficult to navigate, so again, it is important that the prospective adopter has good practical and emotional support.
5. Am I prepared to wait for a child?
Whilst there are sadly a number of children in Scotland who would benefit from being adopted into a secure and loving home, it is crucial that adoptive parents and children are well matched. Children in larger sibling groups may be less likely to be placed with an individual (as opposed to a couple). This can result in a lengthier wait for single adoptive parents.
6. What is the position for step parent adoptions?
There is of course another scenario which can give rise to a person making an application to adopt a child as a single person - a step parent adoption. An application of this nature can take place as long as the child's biological parent is either married to, in a civil partnership with, or in a cohabiting relationship with the applicant.
If you require legal advice regarding adoption please get in touch with a member of the family law team.
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