Information for Birth Parents

Adoption is a process which allows someone other than the child's birth father and mother to become their legal parents. It is a legal procedure in which all the parental responsibilities are transferred to the adopters.

Adoptions are made legally binding by the Court and once finalised, cannot be changed.

• Who can arrange an adoption?
• When is adoption considered for a child?
• What services can birth parents expect?
• How is a decision made for a child to be adopted?
• What information is needed?
• What happens next?
• How is a family chosen for a child?
• Moving to a new family
• Support after the move
• What happens when my child is an adult?
• Representations and complaints

 

Who can arrange an adoption?

Adoption can be arranged by approved adoption agencies. We are an approved adoption agency.

 

When is adoption considered for a child?

A birth mother or birth parents may decide that it is in the best interests of their child to be placed for adoption.

If the birth mother is unmarried, and the father does not have parental rights and responsibilities, his formal agreement is not needed. The Social Work Service is required by law to try to contact him, if possible, as well as any other members of the family, to hear what they think about the adoption plan, and to collect information that will be helpful to the child later on. However, birth mothers do not have to reveal the identity of the birth father. An unmarried birth father who does not have parental responsibilities and who disagrees with the plan for adoption should seek legal advice.

In some cases where it has been decided that birth parents are unable to bring up their child, we may apply to the court for a permanence order with authority to adopt. This is a process which allows the child to be adopted, without parental agreement. These children are likely to have been involved in the Children's Hearing System - this is the legal system in Scotland which deals with children who have been in trouble or who are having some difficulty at home.

 

What services can birth parents expect?

Parting with a child or children for adoption is never easy, whatever the circumstances.

As the adoption plan progresses, either before you sign any formal agreement or after the adoption, a counselling service to parents is available from Social Work or other agencies if more appropriate. Sometimes there may be a separate Social Worker for birth parents and the child. Counselling can help people to talk about feelings and to think about how they are going to tell people, such as future partners and children about their child and this time in their lives. The Social Worker will help you to understand the emotional effects of adoption and the alternatives to adoption as well as legal effects of adoption and how to get legal advice or advocacy. Any brothers and sisters of your child may also get a full range of advocacy, counselling and any practical support. Should you need help at a later date you may contact your local Social Work office.

 

How is a decision made for a child to be adopted?

All children who are accommodated by Social Work have regular Reviews. The Review will have recommended that adoption is in the child's best interests.

The Social Worker will then write a detailed report within 12 weeks, and will present it to the Permanence Panel.

The Permanence Panel will then consider whether a child should be adopted. They must consider if any other permanence option would be in the child's best interests. They must take into account the views of the child about any plan for their future, if the child is old enough to express their wishes and feelings. If the child is 12 or over, their consent is also required. The Panel must also take into account the views of the child's parents.

If the Permanence Panel think adoption is the best choice and will support the child's welfare throughout their life, the Panel will recommend this to the Head of Social Work (Child Care) who will make a decision within 14 days.

The adoption does not become finalised until a decision is made by a Court.

 

What information is needed?

Knowledge of their birth family is important for children who are adopted. The Social Worker will encourage birth parents to share as much information as possible about the family background including health, race, religion, culture and language spoken. The agency will try, as far as possible, to take the child's origins into consideration.

The involvement of birth fathers and other family members in sharing information and planning can be very helpful to the child.

Medical reports on the child and both birth parents (if known) are carried out so that any health needs of the child can be taken into account.

The child's Social Worker will send all the information to the Permanence Panel, on a standard form. This report will be shared with the birth parents, who will be asked to sign it.

 

What happens next?

If a decision for adoption is made:

Within 7 days:

• The Head of Social Work (Child Care) writes to parents who have parental rights and responsibilities to let them know the decision.
• The Head of Social Work (Child Care) will send the parents a memorandum giving more information.
• The parents are asked to sign and return a certificate to say that they have read and understood the memorandum.
• The parents are also asked to sign and return a form to say whether they agree or disagree with the plan for adoption.

 

Within the next 28 days:

The form should be returned to the Head of Social Work (Child Care) by the parent or parents.

If the parent or parents do not agree to the plan for adoption within 28 days, we must apply within another 28 days to the Court for a permanence order with authority to adopt. If the child is on a supervision requirement, advice from the Childrens Hearing will be requested. If it is in the child's best interests, the child may be placed for adoption, and the prospective adoptive parents will apply to the Court to adopt the child in due course.

 

How is a family chosen for a child?

We ask all families who wish to adopt to come to adoption preparation training which we run over several days. The course provides detailed information on becoming an adoptive parent. This is followed by a full and thorough assessment of the family's suitability to become an adoptive parent. This involves a number of meetings with a Social Worker as well as checks of:

• criminal records
• social work records
• health
• the safety of their home

The Social Worker will also speak with people who know the adopters well and will make a check with their employer. The assessment will focus on the family's ability to provide safe care and promote a child's interests throughout their life.

The Permanence Panel will recommend to the Head of Social Work (Child Care) whether the family would be suitable as adoptive parents, and the Head of Social Work (Child Care) will decide whether to approve them.

Once the Head of Social Work (Child Care) has agreed an adoption plan for the child, a family is sought at an early stage.

Your child's Social Worker will ask Social Work staff who specialise in adoption to suggest families who seem best able to provide for your child's needs throughout their life. You will be encouraged to be involved in planning for your child and to give your views, particularly regarding the religious and cultural upbringing of the child. These views will be taken into account in choosing a family for the child.

The Permanence Panel will be asked to recommend to the Head of Social Work (Child Care) which family could best meet the child's needs and will give this careful consideration. The Head of Social Work (Child Care) will then decide whether to agree the match of this family and your child.

Social Workers who specialise in adoption will firstly consider families who have been approved as adoptive parents by us. If a family cannot be found locally, without giving confidential information, Social Work will try to find a family by contacting other Social Work Agencies.

In choosing a family, Social Work will try to choose a family which matches your ethnic, cultural background and religion. Other factors taken into account are your child's health, education, social and emotional development.

The child's Social Worker will listen carefully to your child, if they are old enough to give their views, and will record these views and take them into account when considering adoptive families. If your child has brothers and sisters, Social Work will try to find a family where they can be placed together, provided that this is in their interests. If, after careful consideration, Social Work reaches a view that brothers and sisters should be placed separately, then this will be discussed with you, and will be clearly recorded in the child's case file.

There is now much more openness in adoption: sometimes the birth parents and adoptive parents may meet before the placement and depending on the needs of the child. Birth parents and child may have contact throughout childhood, possibly face to face or by letter arranged through Social Work. If your child has brothers or sisters living elsewhere, arrangements will be made for your child to keep in touch with them, where appropriate.

Provided your child is old enough, their Social Worker will give them a detailed explanation about what will happen now and in the future, and will try to answer questions that they might have. They will be given more information as the plan progresses. If Social Work does not act in line with your child's wishes, then the reasons for this will be explained to them and these reasons will be clearly recorded.

If Social Work does not act in line with your expressed views, you will be told the reasons and these will be clearly recorded. You should feel that you are being listened to and involved in the adoption process.

 

Moving to a new family

When your child is matched with a family, they will be given information about the family. They may be given written information or a photo album about the family, to help them prepare for meeting this family. Your child will be encouraged to ask questions about this family.

Your child will usually meet their new family in their Foster Carer's home, with their Foster Carers and Social Worker. Social Work recognise how important it is for your child to have support at that time. Their introduction will be carefully planned and will progress at the child's pace, until they are ready to move.

We have a Letterbox Scheme, and where this is in your child's interests and the adoptive parents agree, birth parents and the child can have contact through this scheme. This would enable an indirect annual exchange of written information between the adoptive parents and birth parents, administered by us. Your Social Worker can provide information about this scheme. Sometimes it is in the child's interests to have direct contact with members of thier birth family and if so, Social Work will make arrangements for this.

Social Work can continue to provide support to your child and after they have been adopted. Knowledge of their birth family is important for children who are adopted. For this reason the Social Worker will encourage birth parents to share as much information as possible about the family background including culture, religion, language spoken, family lifestyles, family composition and health. Social Work will give this information to the adoptive family and to the child, so that they have knowledge and an understanding of their family and the reasons why they were adopted. This information will be carefully recorded in the child's case file, held securely and privately.

Social Work will make sure the child's move to the new family is made as quickly as possible and will also try to make sure there are no unnecessary delays in Court.

 

Support after the move

Social Work will continue to offer support promptly to both your child and their new family, for as long as they need this. Support can be requested by your child or their new family at any point as your child grows up.

 

What happens when my child is an adult?

By law, Social Work has to keep the child's file for 100 years, and an adopted person can have access to their adoption record at the age of 16. Social Work records are held privately and securely and will contain full and accurate information, including information about the child's birth family, medical information, social history and needs at that time.

All children in Scotland have a right to receive their original birth certificate on request, once they are 16 years old. They can also have access to the original court documents prepared at the time of adoption. The information could make it possible for your child to trace you, should they wish.

 

Representations and complaints

Whilst it is our aim to provide a good service, birth parents have a right to make representations and complaints, and will be given the leaflet Have your Say: Compliments, Comments and Complaints on request. It is available from Social Work offices.

As our Fostering and Adoption Service is regulated by Social Care and Social Work Improvement Scotland (SCSWIS), you may also make a complaint to:

SCSWIS
Johnston House
Rose Street
Aberdeen
AB10 1UD
Tel: 01224 793870