Best Adoption Lawyers in Aberdeen

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J&G Collie
Aberdeen, United Kingdom

Founded in 2014
30 people in their team
English
James & George Collie are a full service law firm, well established and recognised in Aberdeen and Aberdeenshire, with expertise across a wide spectrum of the law.We have experience in a range of practice areas, including property matters such as the sale or lease of your home, through to...
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About Adoption Law in Aberdeen, United Kingdom

Adoption in Aberdeen operates under the law of Scotland. The process is designed to secure a safe, permanent, and legally stable family for a child when returning to or remaining with birth family is not possible. Whether you live in Aberdeen City or the surrounding area, your journey will be guided by Scottish adoption law and delivered locally by Aberdeen City Council as the statutory adoption agency and by approved voluntary adoption agencies that work across the North East of Scotland.

Adoption is a court-ordered legal process. When an Adoption Order is granted, parental responsibilities and rights transfer to the adopters, and the original legal relationship between the child and birth parents ends. Scotland promotes lifelong support for adoptive families and values appropriate contact arrangements that support the child’s welfare, which can include direct or indirect contact if safe and in the child’s best interests.

Prospective adopters can be single, married, in a civil partnership, or cohabiting, including same-sex couples. You must usually be at least 21 and able to provide a safe, stable home. Local authorities and agencies will complete assessments, training, and checks to ensure that adoption is the right plan for both you and the child.

Why You May Need a Lawyer

Many people complete the early stages of adoption with their agency alone, but legal advice can be crucial at key points. You may need a solicitor if there is any dispute about consent, where a birth parent contests the adoption, or where the court must consider complex evidence about the child’s welfare. Intercountry adoption, step-parent adoption, and cases involving significant contact issues also benefit from early legal input.

A lawyer can draft and lodge the adoption petition at Aberdeen Sheriff Court, advise on what evidence the court expects, prepare you for hearings, and liaise with the curator ad litem and reporting officer appointed by the court. If you are a birth parent or a relative seeking to be heard in the process, a solicitor can explain your rights and represent you. If costs are a concern, a lawyer can assess your eligibility for legal aid in Scotland.

Local Laws Overview

Scottish adoption law is found mainly in the Adoption and Children Scotland Act 2007 and related regulations. The child’s welfare throughout their life is the paramount consideration. The court must be satisfied that making an Adoption Order is better for the child than not making one. Consent of birth parents is usually required unless the court finds that it should be dispensed with on statutory grounds and that this is necessary for the child’s welfare. A child aged 12 or over must consent unless they are not capable of doing so.

The adoption pathway in Aberdeen typically includes an enquiry to Aberdeen City Council or a voluntary adoption agency, an information session, preparation training, a detailed home study assessment, approvals panel, matching with a child, introductions, placement, and then an adoption petition to the Sheriff Court after a minimum period in placement. Disclosure checks and medicals are undertaken, and references are taken. Local authorities will also consider siblings, contact, and support plans.

Aberdeen cases often begin with the local authority’s permanence planning. Where a child is looked after, the Children’s Hearings System may be involved. A Permanence Order, including authority to adopt, can be sought before or alongside adoption planning. If the child is placed by an adoption agency, the law generally requires the child to live with you for a minimum period before an order can be made, commonly at least 13 weeks, although exact timescales can vary by circumstance.

For intercountry adoption, Scotland follows the 1993 Hague Convention. You will need a Scottish adoption agency home study, Scottish Government approval, and separate UK immigration steps. For step-parent adoptions, the process remains a full adoption with lifelong consequences, and the court will consider whether there are better alternatives such as orders granting parental responsibilities and rights without severing the legal link with the other birth parent.

Adoption orders in Aberdeen are made by the Sheriff Court. The court will appoint a curator ad litem and reporting officer to investigate and report on the application. Contact arrangements, including letterbox or direct contact, can be agreed and, in some cases, reflected in orders if they are in the child’s best interests. Post-adoption support is available and should be set out in an adoption support plan.

Frequently Asked Questions

Who can adopt in Aberdeen and what are the basic eligibility rules

Adults aged 21 or over, whether single, married, in a civil partnership, or cohabiting, including same-sex couples, can be assessed to adopt. You must be able to offer a safe and stable home and pass medical, safeguarding, and reference checks. You should be domiciled in the UK or have been habitually resident for a suitable period as required by law. Agencies assess your capacity to meet a child’s needs now and in the future.

How long does the adoption process take

Timescales vary. From enquiry to approval can take several months following preparation training and a home study. Matching and introductions depend on a suitable child being identified. After placement, there is a minimum period before you can apply to court. Overall, many families experience a timeframe of 9 to 18 months or longer depending on circumstances.

Do birth parents have to consent to adoption

The court will normally seek consent from birth parents with parental responsibilities and rights. However, the court can dispense with consent on statutory grounds where it is necessary for the child’s welfare. The court focuses on the child’s lifelong welfare and whether adoption is better than any other order. A child aged 12 or over must consent unless not capable of doing so.

What is a Permanence Order and how does it relate to adoption

A Permanence Order is a Scottish order that can transfer parental responsibilities and rights to a local authority and can include authority to adopt. It provides stability for a looked-after child and can be a step on the way to adoption. Whether to seek a Permanence Order, adoption, or both is decided through care planning focused on the child’s welfare.

Can step-parents adopt in Aberdeen

Yes. Step-parent adoption is possible but it is still a full adoption that ends the legal link with the other birth parent unless the court decides otherwise. The court will consider whether other orders granting parental responsibilities and rights might meet the child’s needs without severing legal ties. Legal advice is recommended to understand the consequences and the court’s approach.

What checks are involved in the assessment

Expect medical assessments, Disclosure Scotland and Protecting Vulnerable Groups checks, personal references, home visits, and training. The assessment explores your background, support network, parenting approach, understanding of trauma, and readiness to meet a child’s needs. Your case is then considered by an approvals panel that makes a recommendation to the agency decision maker.

Can adopted children have contact with birth family

Yes, if it is safe and supports the child’s welfare. Contact can be indirect letterbox or, less often, direct. Arrangements are planned by the agency and can be reflected in the adoption plan and, in some cases, in orders. The focus is on what helps the child’s identity, safety, and stability, and arrangements can be reviewed as needs change.

How much does adoption cost

Assessment and placement through a local authority are not usually charged to adopters. There are costs for obtaining documents and for the court application. If you instruct a solicitor, you will have legal fees. Legal aid may be available in Scotland depending on financial eligibility and the merits of the case. Ask a solicitor about funding at an early stage.

What is intercountry adoption and how is it handled in Scotland

Intercountry adoption involves adopting a child from another country. You will need a home study by a Scottish adoption agency, approval by the Scottish Government as the Central Authority, and you must complete UK immigration and nationality steps. This area is complex, and early specialist legal advice is recommended to avoid delays or immigration issues.

How do adults adopted in Scotland access their records

Adults adopted in Scotland can request access to original birth information and adoption records. Adoption agencies and the National Records of Scotland provide guidance and support, and counseling is available. If you were adopted through Aberdeen services, you can contact the relevant local authority or agency adoption team for support with records and intermediary services.

Additional Resources

Aberdeen City Council - Adoption Service. The statutory local authority adoption agency for Aberdeen. Provides information sessions, assessments, matching, and post-adoption support.

Aberdeen Sheriff Court. The court that usually hears adoption petitions for families living in the Aberdeen area.

Scottish Government - Central Authority for Intercountry Adoption. Oversees intercountry adoption approvals and liaises with overseas authorities under the Hague Convention.

Scottish Legal Aid Board. Provides information on eligibility for civil legal aid for adoption-related proceedings and advice.

Law Society of Scotland - Find a Solicitor. Use this to locate a solicitor experienced in Scottish adoption and child law.

AFA Scotland - Adoption and Fostering Alliance Scotland. Offers practice guidance, training, and information for families and professionals about adoption and permanence.

St Andrew’s Children’s Society and Barnardo’s Scotland Adoption Service. Voluntary adoption agencies with services available to families in the North East of Scotland.

Birthlink. Provides services to people separated by adoption in Scotland, including help with records and contact where appropriate.

National Records of Scotland - Adoption Unit. Supports access to adoption records and original birth entries for adults adopted in Scotland.

Children’s Hearings Scotland. Information about the Children’s Hearings System which may be involved in permanence planning before adoption.

Next Steps

Start by contacting Aberdeen City Council’s adoption team or a voluntary adoption agency operating in the North East to request an information pack and attend an information session. Ask early questions about the types of children needing families, the assessment stages, and the support available after adoption.

Arrange an initial meeting to register your interest. You will then complete preparation training and begin a home study assessment. Gather identity documents, references, and medical information in advance to help keep the process moving. Be open with your assessing social worker about your strengths and what support you may need.

If your case involves intercountry adoption, step-parent adoption, contested consent, or complex contact issues, speak to a Scottish family law solicitor experienced in adoption. A solicitor can advise on evidence, draft and lodge your adoption petition at Aberdeen Sheriff Court, and represent you at any hearings. Ask about legal aid.

During matching and placement, work closely with your agency on introductions, contact plans, and your adoption support plan. After the minimum placement period, your solicitor can submit the adoption petition. Be prepared to meet the curator ad litem and reporting officer who will speak with you and report to the court.

After the Adoption Order is granted, engage with post-adoption support as needed. Keep records of agreed contact arrangements, life story work, and any support services. If circumstances change, seek advice promptly from your agency or solicitor. Adoption is a lifelong journey, and support in Aberdeen is available to help your family thrive.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.