Adoption

We provide specialist adoption legal advice with empathy and care, guiding you through every step and helping you create a secure, confident future for your new family.

Understanding adoption in Scotland

Adoption is a legal process that creates a permanent parent-child relationship between people who are not biologically related. Once an adoption order is granted by a court, the child becomes a full legal member of the adoptive family, with the same rights as if they were born into it.

The law that governs adoption in Scotland is the Adoption and Children (Scotland) Act 2007. This legislation modernised and expanded previous adoption laws, making it easier for a wider range of people to adopt and ensuring better support for everyone involved.

Who can adopt?

In Scotland, a child can be adopted by:

A single person, or
A couple (regardless of marital status)

Adoptive parents must be at least 21 years old and meet other legal requirements set out in the Act.

Why you might need a solicitor

Adoption involves applying to the court for an adoption order, which is a formal legal decision. This order transfers all parental rights and responsibilities from the child’s birth parents to the adoptive parents. It’s a significant legal step, and a solicitor can help guide you through the process, especially if there are complex issues such as:

Whether birth parents’ consent is needed or can be legally waived
Arrangements for ongoing contact with birth family members
Preparing for court hearings and gathering necessary reports

What happens after adoption?

Once the court grants the adoption order:

The child becomes a legal member of the adoptive family
They usually take the family’s surname
The birth parents no longer have legal rights or responsibilities for the child

Before making a decision, the court will consider detailed reports from the adoption agency and a curator ad litem (an independent person appointed to represent the child’s interests). The court’s top priority is always the child’s long-term welfare.

If the child is old enough - typically 12 or older - their views may also be taken into account.