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This item was published during the term of a previous administration that ended in April 2007

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Adoption and fostering

11/09/2003

A discussion paper published today will enable families and professionals to contribute their views on the future of adoption and fostering legislation.

The paper Choices for Children in Fostering and Adoption identifies key questions for the Adoption Policy Review Group to examine.

The group's remit is to recommend changes in the law of adoption and fostering and current practice in order that the system be brought up to date and where appropriate simplified so that the best outcome is provided for some of Scotland's most vulnerable children who, for whatever reason, require to be brought up by persons other than their natural parents.

Review group chairman Sheriff Principal Graham Cox said:

"This paper is the work of the expert legal adviser appointed to assist the group. It is designed to help everyone with an interest in these children to make a very real contribution to this review. Current adoption legislation dates from the 1970s and may not fully meet modern needs.

"The paper poses a series of questions in relation to the complex legal aspects of adoption and fostering. It questions whether we should consider alternatives to adoption, for example by introducing a form of enhanced residence order.

"It will also look at issues such as contact and information rights for children and their birth families after an adoption order has been made. It looks at ways in which the whole process can be speeded up so that children are received into permanent homes as quickly as possible once it is clear this is necessary.

"These and others are tough questions. They need to be asked now and they need to be answered soon. The group hopes that as many respondents as possible will give them the benefit of their experience and of their views on these and other questions and thus help the group to make the right recommendations when it comes to write its report to Ministers."

The discussion paper on legal issues was written by Alexandra Plumtree who is the independent legal adviser to the Adoption Policy Review.

The review group includes a range of expert voices from legal and professional groups as well as those with a background in the Hearings system or direct experience of the adoption system.

It is divided into three sub-groups thus enabling a more focused approach to the complex legal issues. Sheriff Principal Cox chairs sub-groups on the legal framework and legal processes and Penny Simpson chairs the subgroup on children's hearings. It is expected the group will take around 18 months to carry out its work before making recommendations to Ministers.

Page updated: Wednesday, July 21, 2004