Adoption Solicitors Glasgow
Adopting a child is a life changing step for the whole family. Our adoption solicitors in Glasgow guide step parents, relatives and adoptive families through the court process, and advise birth parents whose child may be adopted, with clear and sensitive advice at every stage.
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Adoption lawyers in Glasgow
An adoption order is granted by a court and makes the adoptive parents the child’s legal parents for life. It ends the legal relationship between the child and their birth parents, except that in a step parent adoption the parent who is the adopter’s partner remains a legal parent. Because the effect is permanent, the court must be satisfied that adoption is in the child’s best interests.
In Scotland, adoption is governed by the Adoption and Children (Scotland) Act 2007. As family solicitors with expertise in child law, we assist clients with step parent adoptions, adoptions by grandparents and other relatives, adoptions arranged through an adoption agency, and cases where a birth parent does not agree to the adoption. Every adoption matter is different, so we tailor our advice to your family.
Adoption in Scotland at a glance
- Who can adopt: single people and couples, married or not, who are usually at least 21.
- Living together first: the child must usually have lived with the applicants for at least 13 weeks, or 12 months in some cases.
- Consent: birth parents with parental rights must consent unless the court dispenses with consent.
- The child’s views: a child aged 12 or over must normally consent to their own adoption.
- Welfare first: the court’s main concern is the child’s welfare throughout their life.
Who we help
If you want to adopt
- step parents adopting a partner’s child
- grandparents and other relatives
- foster carers adopting a child in their care
- adopters matched through an adoption agency
- couples and single adopters
If you are a birth parent
- understanding what adoption would mean
- deciding whether to give consent
- opposing an adoption or permanence order
- putting your views to the court
- contact after adoption
Thinking about adoption, or facing an adoption application?
Call 0141 433 2626 or book a free consultation. We will explain the process and your options.
Step parent adoption
Step parent adoption is one of the most common types of adoption in Scotland. The step parent adopts their partner’s child, and the partner remains the child’s legal parent. The other birth parent’s legal relationship with the child ends.
Before applying, the step parent must notify the local council of their intention to adopt at least three months before the order is made, and the council will prepare a report for the court. The child must have lived with the applicant for at least 13 weeks. If the other birth parent has parental responsibilities or rights, their consent is normally needed unless the court decides it can be dispensed with.
Adoption is not always the best option. In some families, an order under the Children (Scotland) Act 1995 giving the step parent parental responsibilities and rights can achieve what is needed without ending the child’s legal tie to their other parent. A solicitor will talk through both routes with you and help you assess which gives the best outcome for the child. Read more about child custody and contact.
Adoption by relatives and kinship carers
Grandparents, aunts, uncles, older siblings and other relatives sometimes adopt a child they are already caring for. As with step parent adoption, the local council must be notified and will report to the court, and the child must have lived with the applicant for at least 13 weeks.
For many kinship carers, a kinship care order or a residence order may give the security needed without adoption. We will explain the differences so you can choose what is right for the child.
Agency adoption
Most children adopted from care are placed by an adoption agency, usually the local council. The agency assesses and approves adopters, matches them with a child and supports the placement. Once the child has lived with you for at least 13 weeks, an application for an adoption order can be made to the court.
Where a child is already the subject of a permanence order with authority for adoption, the process can be more straightforward. Read more about permanence orders.
When a birth parent does not consent
A birth parent with parental responsibilities must usually consent to an adoption. The court can only dispense with that consent on specific grounds, for example where the parent cannot be found, is incapable of giving consent, is unable to care for the child properly and is likely to remain so, or where the child’s welfare requires it.
If you are a birth parent and do not agree with a proposed adoption, it is important to take legal advice quickly. We can explain your parental rights, help you put your views to the court and represent you in court proceedings.
The adoption process, step by step
A free consultation
We talk through your family’s situation, explain the options and set out the likely costs before work starts.
Notice and reports
Where needed, notice is given to the local council, which prepares a report on the child and the proposed adoption.
The court petition
We prepare and lodge the adoption petition in the sheriff court with jurisdiction, with the consents and documents the court needs.
Independent reports
The court appoints a curator ad litem to report on the child’s interests and a reporting officer to witness consents.
The adoption order
If the sheriff is satisfied, an adoption order is made and the child is entered in the Adopted Children Register.
How long does adoption take?
A straightforward step parent or relative adoption often takes several months from start to finish, including the three month notice period. Agency adoptions follow the agency’s own timetable, and a contested case can take considerably longer. We will give you a realistic timescale at the start. Please note that we do not offer legal aid.
Why choose Simplicity Legal for your adoption?
- An experienced family law solicitor who understands child law
- Sensitive, practical advice for adopters and birth parents
- Honest guidance on whether adoption or another order is right for your family
- Plain English advice and clear costs
- Regulated by the Law Society of Scotland
Contact our adoption solicitors in Glasgow
If you are thinking about adoption, or a child in your family may be adopted, we would be glad to help. Call 0141 433 2626 or request a callback, and a member of our family law team will be in touch to discuss your family law matters. We also have offices in Edinburgh and Dumfries. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.
Read our guide on whether you need a lawyer to adopt a child, or find out about our wider child law services.
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Address
34 Woodlands Road
Glasgow
G3 6UR
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