Written Question · S1W-28533 · Session 1
Whether there is any procedure for the extra judicial reviewing of adoption orders once granted and, in particular, what scope there is for…
The question
To ask the Scottish Executive whether there is any procedure for the extra judicial reviewing of adoption orders once granted and, in particular, what scope there is for adopted children to return to their natural parents if the children so wish.
The answer
There is no procedure for adoption orders to be reviewed outside the judicial process. The effect of an adoption order is to transfer all parental rights and responsibilities to the adoptive parents, as if the child had been born into that family. This includes the right to have the child live with them or otherwise to regulate the child's residence.However, an adoption order will only be granted if it is in the child's best interests after careful inquiry. As part of the adoption process, a child aged 12 or over must give their consent to a proposed freeing or adoption, unless that child is incapable of so doing. The views of younger children on proposed adoptions should also be taken into account, when the child has the maturity to express a view.Should an adoptive family become unable to care for an adopted child, for whatever reason, the local authority assumes a responsibility for ensuring the child's welfare, as would be the case in any other family.
In the Official Report
No contribution in the Official Report cites S1W-28533 by reference.