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Adoption

In Scotland, a child can be adopted by a single person or by a couple who are not the biological parent(s) of the child, provided that the adoptive parent(s) are over the age of 21.

Why do I need a solicitor?

Those wishing to adopt children in Scotland are required to apply to the relevant court for an adoption order. Adoption is the legal process by which the relationship of parent and child is created by an order of the court.

The legal procedure transfers parental responsibilities and parental rights from the birth parents to the adopters and places the child in the same position as if he or she was the lawful natural or birth child of the adopter.

The adopted child becomes a member of the new family and will usually take the adoptive family's surname.

A court or adoption agency reaching any decision relating to adoption of a child must have regard to all the circumstances but must regard the need to safeguard and promote the welfare of the child throughout life as the paramount consideration. There can also be complex issues relating to obtaining or dispensing parental consent.

Who can adopt?

The current law is contained in the Adoption and Children (Scotland) Act 2007, which came into force on 28th September 2009.

The Act brought in provisions in an attempt to modernise and improve the legal framework associated with adoption. The Act extends the scope of people who are able to adopt, and allows, for the first time, unmarried and same sex couples to adopt jointly.

If the child has not been placed with you by an adoption agency (for example, step parent and family adoptions) there are rules which have to be adhered to before any such application can be made.

How we can help

We can provide expert legal support for adopting families, to assist you throughout the process and advise you on all the rules and procedures.

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Why choose us?

Our client promise

At Aberdein Considine Legal, we have a simple three-point promise to all of our clients.

  1. A personal and proactive approach, recognising that every client is unique and every case is different

  2. Constructive and solution driven advice from experienced family lawyers

  3. Cohesive support from a strong and efficient family law team, with input as required from other disciplines in a full-service firm

  • "Aberdein Considine’s family law team is headed up by Ruth Aberdein, whose particular expertise lies in high value separation and divorce cases, as well as in drafting pre-nuptial agreements for individuals with significant assets at stake. The firm is experienced in complex child cases, concerning child abduction, residency and contact arrangements, and allegations by one or both parties of abusive behaviour towards the children or spouse. Karl Brown is well-versed in such cases, while Leonie Burke, who joined from Brodies LLP in late 2019, is adept at handling financial provision arrangements where forensic accountancy has been required. April Campbell serves clients in the west central belt of Scotland, heading up the Glasgow team, while Isabelle Douglas is another key member of the team."

    The Legal 500 Guide
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We are authorised and regulated by both the Law Society of Scotland and the Solicitors Regulation Authority (registration number 628245). We are also accredited Investors in People, the winners of multiple awards and registered holders of several ISO international standards.

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