The birth parents, including an unmarried father, if he has parental rights and responsibilities, must be asked whether or not they agree to adoption. If they do not agree, the court must decide if there are grounds to dispense with their agreement. The court will hold a hearing for this purpose and the birth parents will have the opportunity to contest the adoption petition. Contested court cases can be lengthy and expensive. If the child has been placed by the Social Work Services in the belief that adoption is in the best interests of the child, the Service will undertake to meet reasonable legal costs in such cases.
Few children are placed for adoption with their parent’s agreement, though not all parents actively contest the legal action. Most children placed with adoptive families will be subject to compulsory measures of care imposed by the Children’s Hearing, to which they will have been referred when their home circumstances were not meeting their needs. The Supervision Order (Section 70 Children (Scotland) Act 1995) imposed by the Children’s Hearing will normally be terminated when the adoption order is granted. Until this point the Children’s Hearing makes most of the important decisions for children who are subject to Supervision Orders, including where they will live. When the Social Work Service has matched a child with a prospective adoptive family, a Children’s Hearing will decide whether the child may move to the new family.
Birth parents have the right to attend Children’s Hearings, and also to know where and with whom their child is staying. In certain circumstances these details can be withheld. The Children’s Hearing, while a Supervision Order is in force, will also decide whether or not a birth parent may have contact with their child.
