Adoption and Children (Scotland) Act 2007

The Adoption and Children (Scotland) Act 2007 is an Act of the Scottish Parliament that comprehensively reformed the law relating to adoption and permanence for children in Scotland. It consolidated and updated previous legislation, most notably the Adoption (Scotland) Act 1978 and the Children (Scotland) Act 1995, aiming to promote the welfare of children above all other considerations.

Key aspects of the Act include:

• Adoption Processes: The Act streamlines and modernises the adoption process, outlining the procedures for placing a child for adoption, the requirements for prospective adoptive parents, and the role of adoption agencies. It clarifies the conditions under which a child can be adopted, focusing on situations where parental consent is given freely and unconditionally, or where a court dispenses with parental consent due to the child's welfare.

• Permanence Orders: The Act introduced permanence orders as a distinct legal mechanism. Permanence orders are court orders that transfer parental responsibilities and parental rights to a local authority or other designated individual, with the aim of providing a stable and secure long-term placement for a child who cannot live with their birth parents. These orders can be made with or without adoption, depending on the child's individual needs and circumstances.

• Contact and Information: The Act addresses issues of contact between adopted children and their birth families, recognising the importance of maintaining appropriate relationships where it is in the child's best interests. It also outlines provisions for access to information relating to an adopted person's birth family, subject to safeguards to protect privacy and prevent harm.

• Intercountry Adoption: The Act provides a framework for intercountry adoption, ensuring that adoptions from abroad meet certain standards and are recognised in Scotland.

• Welfare Principle: Throughout the Act, the principle of the child's welfare being paramount is emphasised as the guiding consideration in all decisions relating to adoption and permanence. This principle requires courts and agencies to consider the child's needs, wishes, and feelings, as well as their physical, emotional, and educational well-being.

• Duties on Local Authorities: The Act places specific duties on local authorities to provide adoption services, support prospective adoptive parents, and safeguard the welfare of children who are looked after away from home.

The Adoption and Children (Scotland) Act 2007 reflects a commitment to providing vulnerable children in Scotland with safe, stable, and nurturing homes, either through adoption or permanence orders. It aimed to create a more child-centred and responsive system for securing the long-term welfare of children who cannot remain with their birth families.