Adoption and Children (Scotland) Act 2007

The Adoption and Children (Scotland) Act 2007 is an Act of the Scottish Parliament and the chief source of law relating to adoption in Scotland.

Chapter 1: Local Authority Duties

Chapter One of the Act imposes a duty on all of Scotland's 32 local authorities to provide an adoption service in their area.[1]

Chapter 2: The Adoption Process

Factors the Court Must Consider

Chapter Two sets out the legislative framework behind the adoption process in Scotland. In deciding whether to make an adoption order, granting Parental Rights and Responsibilities (PRR) on the adopter with respect to the child(ren), the court must "regard the need to safeguard and promote the welfare of the child throughout the child's life as the paramount consideration", with particular emphasis on:

Adoption by a Couple

For a couple to adopt a child, the following personal criteria must be fulfilled:

Adoption by One Person

A single person may adopt a child if they are aged over 21, domiciled in the UK or Ireland, and are either in a marriage, civil partnership or cohabiting relationship with the parent of the child. They may do so even if said child's birth parent is dead or missing.[4]

Consent of the Child's Birth Parents

Generally, the consent of an adoptee's parents or guardians who have Parental Rights & Responsibilities under the Children (Scotland) Act 1995 towards the child must be obtained before the court will issue an adoption order. However the consent of the birth parents may be ignored in the following circumstances:

Consent of the Child

An adoption order cannot be made in respect of a child aged over 12 unless said child consents, or the court considers them not mature enough to consent[6]

References

  1. 2007 Act s.1
  2. 2007 Act s.14(4)
  3. 2007 Act s.29
  4. 2007 Act s.30
  5. 2007 Act s.31
  6. 2007 Act s.32
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