We offer a fixed fee service for undefended adoptions of £2,261.23 + VAT (£2713.48 total) . There is a court outlay of £286.52. The majority of these types of cases arise when one of the natural parents has a child/children from a previous relationship and marries. The new spouse (who is the step-parent) then wants to adopt the child to form a family unit.
Any adoption will require attempts being made to locate the other birth parent, irrespective of whether or not they are named on the Birth Certificate or have seen the child/children for a number of years.
To discuss matters further please contact us
Step-Parent Adoption in Scotland
Step-parent adoption is a legal process that formalises the relationship between a step-parent and their stepchild. It grants the step-parent full parental rights and responsibilities, providing legal security for the child and recognising the relationship officially.
At Rooney Family Law, we specialise in guiding families through this process, ensuring that all legal requirements are met and the child’s welfare is prioritised.
What is Step-Parent Adoption?
Step-parent adoption is a common type of private adoption where a person adopts their partner’s child from a previous relationship. This process removes the parental rights of one biological parent (usually the non-resident parent) and transfers them to the step-parent.
The Step-Parent Adoption Process
- Consent of the Birth Parents
The biological parent who is not part of the adoption must consent to the process. If they refuse, the court may override their objection in certain circumstances, such as abandonment or lack of involvement in the child’s life. - Legal Advice and Documentation
You will need to file a petition with the local sheriff court. Our team ensures all documentation is correctly prepared, clearly outlining why the adoption is in the child’s best interests. - Social Work Assessment
Although no adoption agency is involved, a social work report will typically be required to provide the court with an impartial assessment of the adoption application. - Child’s Consent (if applicable)
If the child is 12 years or older, their consent is legally required. For younger children, their views may still be taken into account. - Adoption Hearing
The sheriff will review the case and make a decision based on the child’s welfare. If approved, an adoption order will be granted, formalising the relationship.
Benefits of Step-Parent Adoption
- Provides legal security for the child and step-parent.
- Simplifies family matters such as inheritance and decision-making.
- Formalises a relationship that already exists in practice.
- Offers the child a sense of stability and belonging.
Challenges and Considerations
- Consent of the non-resident parent can be a potential obstacle.
- The court must be satisfied that the adoption is in the child’s best interests.
- The child’s relationship with their other biological parent may be impacted.
- At Rooney Family Law, we help you navigate these challenges with sensitivity and professionalism.
At Rooney Family Law, we help you navigate these challenges with sensitivity and professionalism.
Frequently Asked Questions About Step-Parent Adoption
- Do both biological parents have to agree to the adoption?
Yes, unless the court decides that the consent of the non-resident parent is not required—for example, if they have abandoned the child or unreasonably withhold consent. - What happens if the non-resident parent cannot be located?
The court may allow the adoption to proceed without their consent if reasonable efforts to locate them have failed. - Can my partner’s name be added to the child’s birth certificate?
Yes, once the adoption order is granted, the step-parent’s name is added to the child’s birth certificate. - How long does the step-parent adoption process take?
The process usually takes between 6 to 12 months, depending on the case’s complexity. - Does the child’s other biological parent lose all rights?
Yes. Once the adoption order is granted, the non-resident parent loses all parental rights and responsibilities. - Is the child’s consent required?
If the child is 12 or older, their consent is legally required. For younger children, their views may be considered by the court.
At Rooney Family Law, we are here to provide you with clear advice and unwavering support throughout the step-parent adoption process. Contact us today to schedule a consultation and discuss your family’s needs.