Adoption grants a qualifying adult full parental rights and responsibilities for a child.
Incredibly strict legal regulations govern the adoption process, and the Court’s priority is always the child’s welfare. The Court will not make an adoption order unless it considers that it would be better for the child that the order is made than not.
Who Can Adopt a Child?
Various requirements dictate who is eligible to adopt a child:
Age: Adopting parties must be over the age of 21, although there is no upper age limit.
Relationship Status: Single parties or couple can both adopt children. Sexuality and gender also do not matter.
Parental Status: Parties can be, but do not need to be, parents already.
Nationality: Parties don’t need to be born in Scotland but must have lived in Scotland for over a year.
Do the Child or Biological parents have to Consent?
If the child being adopted is over 12, their consent will be required. However, the Court may still consider a child under 12’s opinion on the matter where appropriate.
Consent of any party who holds parental rights and responsibility, and is fit to carry out these responsibilities, is also required. However, if they cannot carry out these responsibilities or if the Court deems adoption to be in the child’s best interests, their non-consent can be overruled.
What are the Costs of Adoption?
Adoption agencies cannot legally charge a fee to adopting parties. However, there may be costs associated with required police checks and any court fees for the adoption order. Some agencies will cover these costs, so always check with the agency.
Adopting a Step-Child
If you are planning to adopt a step-child, you need to be legally married, in a civil partnership, or cohabiting in an ‘enduring family relationship’ with the legal parent of the child. However, there are no black and white rules or strict time limits as to what relationships qualify – each couple will need to demonstrate a stable and lasting relationship.
Is There Financial Support for Adoption?
If you take time off to adopt a child, you may be eligible for financial support, primarily Statutory Adoption Pay. Paternity Leave is also available.
Looking to Adopt? We Can Help
Adoption can be a complicated and drawn-out process that can take a huge emotional toll on adopting parties and couples. Having an experienced solicitor supporting you throughout will ensure the process is as smooth as possible and the peace of mind of having legal support is invaluable.
If you plan to adopt a child and need expert advice and guidance, give us a call today.
