Here in Scotland, once an adopted person reaches 16, they have the right to check records about their adoption and natural parents. But that may be many years after the actual adoption, meaning years of missing out on contact with birth parents and other natural family members.

Adoption of children is a poignant, difficult thing. It is also a legal process. Not only does a child get a new family to care for him or her, but the status changes fundamentally. The short version is that the natural parents or parent lose their tie with their offspring, who becomes a part of the adoptive family for all purposes in law. The new adoptive parents have all the rights and responsibilities relating to the child. This new status is permanent and results in the child being issued with a new birth certificate.

Are natural parents consulted in an adoption?

This change of rights and responsibilities is initiated by a ‘petition’ which is lodged with the Sheriff at court. This is warranted by the court and then served to those whose consent is required for the adoption to go ahead. Therefore, more often than not, the permission of the birth parents is required - unless they are dead, incapacitated, or their whereabouts are unknown. The court will then hold a preliminary hearing which will take into account the child’s views (depending on their age and maturity) and those of social care professionals or others involved with the child. The Sheriff will then make a judgement about what is in the best interests of the child.

Types of contact

New parents do need the space and freedom to bring up their child as they see fit, and as approved by the courts and social agencies involved. The child may have come from a chaotic background, so it can be counterproductive to allow old influences to mar development.  

However, natural parents are within their right to request contact. Often the best form of contact for the child is known as ‘letterbox contact’ with the birth parents able to write to the adoptive child a set number of times per year - this frequency is set by the courts. 

The court can also grant a condition that allows in-person contact but only when it is in the child’s best interests and does not undermine the adoption itself. The current school of thought is that denying all access is not always helpful or beneficial but access will only be granted after independent professionals have been consulted - particularly in the case of previous trauma - be that physical or mental.

There are both advantages and disadvantages to all types of contact and your perspective will be very much influenced by your part in the adoption process.

Post-adoption disputes

It is also possible to apply for post-adoption contact if the natural parents were not able to lobby for contact prior to the process - although the reasons for this may be taken into account and may not be particularly favourable. However, where a birth parent did not willingly give up a child, there will naturally be a huge emotional impact on them and they may feel that they want to contest an adoption arrangement to get some limited access to their child.

Whether the natural parent has contact or not, there are support groups to help natural parents whose children have been adopted. One such example is The Bluebird Project which offers a safe space for parents who have had children removed from their care.

Each adoption is unique, and blanket rules make for difficult choices.  Retaining contact with birth parents? It’s the most delicate of judgments.

We offer both natural and adoptive parents legal support before, during and after the adoption process. Our solicitors are well-versed in helping clients in these most sensitive of matters.