Before delving into the distinctions, it is imperative to comprehend the meaning of the phrases “adoption” and “fostering” in Scotland.
Fostering Scotland
Fostering is the process of placing a child in the care of someone other than their biological parent. For several reasons, the birth parent of the kid has frequently had to temporarily relinquish their caring responsibilities.
Adoption Scotland
The court establishes a new parent-child connection through adoption. Legally, an adopted child is regarded as the adopter’s child, as though they had never been anybody else’s.
Legal Stance
Fostering: The birth parents will keep PRRs when a child is fostered. Foster parents are not able to make important decisions regarding the child. Rather, the local government is granted this authority. The foster carer will still be able to make daily decisions, though. The primary distinction between foster care and adoption is that, although the child will live with a private family, the foster care provider is providing a semi-professional service on behalf of the local government. Foster parents must apply to the court for permission to receive the same set of rights as birth parents or adoptive parents.
Adoption: When adoption is granted, the biological parents’ parental rights and responsibilities (PRRs) are transferred to the adoptive parent or parents. These parental rights include the authority to choose the child’s place of residence, to give permission for the child to get medical treatment, and to decide what is best for the child’s education and general well-being. The child has the same right to inherit from the adoptive parent(s) as any of the parent’s biological offspring upon their death.
Duration
Fostering: In contrast, a foster placement comes to an end when the child is returned to their biological parents or reaches the legal age of independence. Fostering is not always meant to be a long-term arrangement; it can last for short or extended periods of time.
Adoption: The adopted parent or parents become the child’s legal parents once the adoption is approved. For that reason, it’s a lifetime commitment to the child. As a result, the Adoption and Children (Scotland) Act 2007 mandates that the need to protect the child and the value of family life be balanced. It must be demonstrated that living with the birth parents will be “seriously detrimental” to the child’s welfare in order to take a child from their birth family.
Procedure – Adoption Solicitors
Fostering: To become a foster parent, a person must submit an application to the social work department in their community. Anyone can apply to be a foster care provider; couples or individuals may do so. There are no limitations. Additionally, a person needs to be older than 18. The main criterion used to determine a person’s fitness for this position is appropriateness of care. Foster carers won’t need to apply to the court for approval, unlike adoptive parents. Rather, the carer must submit an application and undergo thorough testing with the local municipality.
Adoption: A court order is required in order to adopt a kid. The child must have spent at least 13 weeks living with the potential adopter(s). A solicitor working on behalf of the adoptive parent(s) will file an adoption application (also known as a “petition”) once Social Work has received instructions and completed a report on the potential adoption. After around two months, there will be a preliminary hearing. The court will appoint a Reporting Officer and Curator ad litem to look into the petition and provide updates to the court on various topics. The petition will be communicated to the birth parents. Either they provide their agreement to the adoption, or the court may determine that it doesn’t require it. Seeking the child’s opinions is important if they are old enough to do so. If the adoption is approved by the birth parents and there is no objection, the sheriff will issue an adoption order if they believe it is in the best interests of the child. In the event that there is opposition, further court paperwork will need to be created and evidence will need to be presented in court through witnesses and productions. The Sheriff will decide after hearing all the facts. A court will only issue an adoption order if doing so would benefit the kid more than doing nothing at all.
Communication with the biological parents
Fostering: A child’s relationship with their biological family is still significant even after they are placed in foster care. Frequently, kids will stay in touch with their biological parents, siblings, and possibly close friends. This is especially true if it is anticipated that the child will return to their biological family following the foster placement. However, if a child expresses a desire to remain disconnected from their origin family, it is important to consider and honour their wishes. Foster parents have a critical role in helping the child both before and after any contact, while the local authority will often arrange for how and when any contact occurs.
Adoption: The court will have to decide whether to approve an adoption as well as if the adopted child’s biological family should remain in contact with them after the adoption. In-person post-adoption communication is becoming more and more encouraged when in the past “letterbox” alone communication would have been the standard. According to research, this kind of communication can support the kid in comprehending their past and identity, help them cope with the loss of or separation from their birth family, and help them understand why they are in foster care.
However, post-adoption contact should not be allowed if the Sheriff determines after considering all the relevant facts that it will upset the child’s placement with their new adoptive family or result in additional stress or trauma for them. The court’s priority must always be the child’s best interests.
While fostering and adoption share certain similarities, they also differ greatly in other areas. If you are thinking about either choice, it is a good idea to think about the kind of outside help you will have, how permanent both options will be, the legal obligations you will face, and whether you can become an adoptive or foster parent.
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