Press releases

Radical reforms to adoption law in Scotland could transform the lives of hundreds of children and their families, says BAAF

Issued: 28 March 2006

BAAF today welcomes the introduction of a new bill which could transform the lives of hundreds of vulnerable children.

Key provisions in the Adoption (Scotland) Bill include the introduction of the Permanency Order, increased adoption support and the right for unmarried couples, including gay and lesbian couples, to jointly adopt. It is based on recommendations made last year by the Adoption Policy Review Group, set up by the Scottish Executive in 2001.

Barbara Hudson, Director of BAAF Scotland, says: “Many children in care today have suffered abuse or neglect and they will all have experienced the distress of being separated from their birth families. This bill is hugely important and has the potential to ensure that many more of these children can live more stable lives – something they all desperately need.   The legislation affirms the value of adoption but recognises that this is not the right plan for all children and has introduced a new concept, the “permanence order”.

“Permanence Orders will make it easier for long-term plans to be made for children. It will also mean foster carers can share some of the responsibility for day to day decisions, which will help these children feel part of their foster family.

“We are also pleased that this bill addresses the need for better adoption support. Families taking on children who have had a very difficult start to life need to know that they will receive the support they need. At the moment there is a huge variation in access to and provision of services. We are delighted that the Executive has recognised the need for a range of support services which could include financial help, counselling, extra educational input and health care as well as therapeutic services and the opportunities for training and meeting with other adoptive families.  We hope that as well as the legislative changes to bring this about, that resources will be made available to ensure that the services are in place.”

She adds: “Opening up adoption to unmarried partners will encourage more people to consider adoption – crucial at a time when too many children wait too long in temporary care waiting for a permanent family.”

Notes to editors

Permanence Orders

Under the current system, responsibility for looked after children can be shared between birth parents, the children’s hearing and the local authority. As a result, foster children can feel ‘different’ as foster carers have to seek permission from the local authority and birth parents for trips abroad, school trips, health care etc. The introduction of the Permanence Order will mean the court can transfer more legal responsibility for the child to the local authority, which can in turn give the foster carers more rights to make decisions about the child. This will make the child feel a real member of the family.  Permanence orders will also stop the uncertainty which is an inevitable part of being in care.

Unmarried couples

The bill would mean unmarried couples in Scotland, including gay and lesbian couples, are able to adopt jointly. Up until now only married couples or single people could apply to become adoptive parents, so that, where a single adopter was living with a partner, only one adult was recognised as the legal parent. This important change means that where two people are living in a secure and stable relationship, both adults can become a child's legal parents. It is hoped that this will encourage more adopters to come forward. It would also allow the permanent partner of a current single adopter to apply to be the child's adoptive parent.

Adoption support

Adoption support is the general name given to a range of services which can help adoptive families, both parents and children, to cope better with the inevitable stresses and difficulties that arise.  Children may need counselling or therapeutic services to help overcome the effects of earlier abuse or neglect.  

Adoptive parents value: opportunities to talk through some of the problems, help with children’s education and responsive health services.

Birth families also need people to turn to for advice and information. Changing the law will strengthen the entitlement of all concerned to these services.

BAAF was represented on the Adoption Policy Review Group by its Director Barbara Hudson, and BAAF legal consultant Lexy Plumtree acted as the independent legal adviser to the review group.

For more information, contact Daisy O´Clee on 020 7421 2632 / 07767 444 589 on 020 7421 2633 or email daisy.oclee@baaf.org.uk