Adoption changes a child's life permanently, and the legal process is designed to make sure it is right for them. Whether you are adopting through an agency, adopting your partner's child, or caring for a relative, our adoption lawyers in Glasgow will guide you throughout the process and represent you in court.
Our family law solicitors are based in Glasgow and advise prospective adopters, step-parents, kinship carers and birth parents throughout Scotland, with sensitivity and in plain English.
Key points
- Adoption in Scotland is governed by the Adoption and Children (Scotland) Act 2007.
- To adopt, you must normally be aged 21 or over and have lived in Scotland for more than a year.
- An adoption order is made by the sheriff court or the Court of Session, and the child's welfare throughout their life is the paramount consideration.
- A child aged 12 or over must consent to their own adoption, unless they are incapable of consenting.
- The child must have lived with you for a set period before the order can be made.
How our adoption solicitors can help
Agency adoptions
Advice when a child has been placed with you by a local council or adoption agency, and preparing your application to court.
Step-parent adoption
Adopting your partner's child, including notifying the council and dealing with the other birth parent's consent.
Relatives and kinship carers
Adopting a grandchild, niece, nephew or other relative, and the alternatives to adoption.
Birth parents
Advice and guidance for birth parents and birth relatives if a child is being considered for adoption, including permanence orders and your right to be heard.
Who can adopt a child in Scotland?
You can apply to adopt if you are aged 21 or over and have lived in Scotland for more than a year. You can adopt whether you are single, married, in a civil partnership or an unmarried couple, and regardless of your sexual orientation, religion or whether you already have children. Adoption agencies carry out a careful assessment, and they may have their own additional criteria. A solicitor can give you legal advice on whether you meet the requirements.
The adoption process in Scotland
- Apply to an adoption agency This is usually your local council's adoption service or an adoption charity.
- Assessment A social worker visits you at home and checks matters such as your health, background, finances and home. This can take several months.
- Approval and matching The agency decides whether to approve you after taking advice from its adoption panel, then looks for a child who is a good match.
- Placement The child comes to live with you. They must live with you for a minimum period before an adoption order can be made.
- Application to court We prepare and lodge your application for an adoption order in the sheriff court or the Court of Session.
- The adoption order The court considers reports and any objections. If it makes the order, you become the child's legal parent for life.
How long must the child live with you?
Where the child was placed by an adoption agency, or you are the child's parent, step-parent or relative, the child must be at least 19 weeks old and must have lived with you for the 13 weeks before the order is made. In other cases, the child must have lived with you for the 12 months before the order.
Step-parent and relative adoptions
If you want to adopt a stepchild or a close relative, you must tell your local council first. The council then prepares a report for the court, normally within 12 weeks, covering your relationships, the birth parents' wishes, the child's wishes, and whether adoption is in the child's best interests. Adoption is not always the best route: a court order about parental rights and responsibilities or residence may meet the family's needs without ending the child's legal relationship with a birth parent. Our child law solicitors can explain the options.
Consent and what the court considers
The court must regard the need to safeguard and promote the child's welfare throughout their life as the paramount consideration. It looks at all the circumstances affecting the welfare of the child, including the value of a stable family, the child's views, and their religious, racial, cultural and linguistic background.
Birth parents with parental responsibilities and rights are normally asked to consent. In limited circumstances, the court can dispense with a parent's consent, for example where the parent cannot be found or cannot satisfactorily look after the child. A child aged 12 or over must consent to the adoption unless the court is satisfied they are incapable of consenting.
Thinking about adoption? Get in touch with our family law team about your situation. The first hour is free.
Book a free consultationWhy choose our family law team for your adoption?
- Experience: our directors have 76 years of combined experience in legal services.
- Sensitive, practical advice: we understand how much an adoption means to everyone involved, and we help you navigate the legal complexities.
- Expert advice from the earliest stage: we provide advice from your first enquiry right through to the adoption order.
- Representation in adoption proceedings: we prepare your application and represent you in the sheriff court or the Court of Session.
- Clear about costs: we explain the likely cost before we start, and you may be eligible for legal aid depending on your circumstances. See our guide to the costs of adoption.
