This item was published during the term of a previous administration that ended in April 2007
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Adoption system overhaul
10/06/2005
The adoption system in Scotland is to be overhauled with
the aim of giving more looked after children a better
chance in life.
Under the first major change to adoption law in over 25
years, the Executive will:
- Modernise and improve the law on adoption to
provide better support to adopted children and
families
- Speed up the handling of adoption cases in the
courts and the children's hearings system
- Introduce a new Permanence Order, giving long-term
stability to children who cannot live with their birth
families but for whom adoption is not the best
option
- Allow unmarried couples, including same sex
couples, who are in an enduring family relationships to
adopt jointly
Announcing the changes at the British Adoption and
Fostering (BAAF) Scottish Legal Group conference in Dundee,
Deputy Education Minister Euan Robson said:
"The number of adoptions in Scotland has fallen
dramatically - from around 1,000 a year 20 years ago to
around 400 a year now - yet we know the stability that
adoption delivers can dramatically improve children's life
chances.
"That's why we need to change the adoption system to
offer more children the opportunity to flourish and succeed
by providing them with permanence and a sense of belonging
to a family. Our system needs to be effective and
streamlined and able to meet the needs of a modern
Scotland. But first and foremost it needs to operate in
each child's best interests.
"The Adoption Policy Review Group set up in 2001 has now
produced a range of far-reaching recommendations to ensure
we have an adoption system fit for the 21st century.
"The cornerstone of those recommendations is the new
Permanence Order. Adoption is not suitable for many looked
after children, for instance older children who want
continued contact with their birth family, and Permanence
Orders will offer a real alternative that provides more
children with the stability they need within their foster
home. The Executive strongly supports this
recommendation.
"A number of recommendations have also been made to
improve the way adoption cases are handled by the courts
and the children's hearings system so that the risk of
delays is reduced. This will ensure that the interests of
the children involved are not adversely affected, while
ensuring adoption cases continue to be dealt with
rigorously.
"The group has also recommended that unmarried couples,
including same sex couples, be allowed to adopt jointly.
They can, to all intents and purposes, adopt at present -
both partners are assessed together but only one can apply
to adopt while the other must apply for a residence
order.
"This confusing legal position needs to be addressed.
The Executive supports the group's unanimous
recommendation, set within the context of decisions being
made in the best interests of the child.
"The Executive also supports the group's proposals that
unmarried couples wishing to adopt would have to be living
as partners in an enduring family relationship. Any couple
being assessed as adopters would undergo a rigorous
examination of their relationship to make sure it provides
stability for the child and to explore in depth their
parenting abilities. This would ensure that only couples
that can provide a secure home to a child would be allowed
to adopt.
"The Executive believes the vast majority of the
recommendations made by the review group will make a real
improvement to the lives of many looked after children who
currently have to live with insecurity and instability. We
owe all our children the best chances in life but, in
particular, those who are most vulnerable deserve our
utmost help and these proposals will help provide these
children with the opportunity to thrive."
Sheriff Principal Graham Cox, who chaired the review
group, said:
"On behalf of the members of the Group, I am greatly
encouraged by the swift and positive response of the
Executive to our report. I believe that the implementation
of our recommendations will improve the lives of some of
the most vulnerable children in Scotland. The early action
proposed by the Executive is very welcome."
Barbara Hudson, Scottish director of BAAF and a member
of the review group, said:
"BAAF is delighted to have been part of this important
review and believes that the recommendations have the
potential to significantly improve the lives of some of
Scotland's most vulnerable children."
The Adoption Policy Review Group was set up in 2001 to
review adoption and other forms of long-term care. The
phase one report on practice issues was published in 2002.
Phase two looked at the legal framework, legal procedures
and the role of children's hearings.
There were 107 recommendations and the Executive
accepted, in principle, the overwhelming majority and will
publish its formal response, in the form of a consultation
paper, later this month. Following the consultation, the
Executive will legislate at the earliest opportunity.