If you want to adopt a child, you have to go through a formal legal process to become the child’s legal parent. We offer a fixed fee service for representation in uncontested adoption proceedings in the Sheriff Court. Other legal services related to adoption arrangements and proceedings will be charged based on the time spent on the case.
Uncontested adoption
The process
Step 1: You will discuss the adoption with one of our experienced Family Law solicitors, who will take details of your family situation.
Step 2: We will intimate your intention to adopt to the Local Authority, who will be required to submit a report on their view as to your application for adoption.
Step 3: We will prepare the adoption application (known as a Petition), which will then be lodged in court with the Local Authority report.
Step 4: The court will appoint an independent solicitor (known as a Curator) to prepare a further report as part of the proceedings.
Step 5: The court will authorise service of the proceedings on any interested parties, in other words serving them with legal papers informing them of the proceedings. The court will also set a date for the Hearing.
Step 6: At the Hearing we will represent you and ask the court to grant the adoption.
How long will it take?
The adoption process can take some considerable time as there are a number of reports that require to be gathered for the court but most cases are likely to be resolved within six months.
Costs
We offer a fixed fee service for an uncontested adoption. For more complex adoption proceedings where we cannot offer a fixed price service, we charge based on the time we spend on your case, including meetings, emails, phone calls and court representations. We will advise you on costs at the start of the process, provide you with a written quote and keep you informed throughout about any ongoing costs or changes.
Fixed fee service: For representation in adoption proceedings in the Sheriff Court our fees range from £1200- £1500 + vat and outlays depending on complexity.
Services charged at an hourly rate: If it becomes clear from our discussions with you that matters are not as straightforward as initially thought, and the adoption is likely to be contested or there are legal complications then we will advise you of that. We would charge for our work on contested and complex adoption matters on a time basis.
Work will be carried out by a team member at a level appropriate for the complexity of the matter.
Additional third-party costs:
- The Sheriff Court charges for lodging the adoption proceedings. You can find up-to-date information on the cost on the Scottish Courts Service website.
- There is also the additional cost of a Curator’s report, which can cost in the region of £1,000. This is a report commissioned by the court done by a court-appointed independent solicitor.
Why Thorntons
Our experienced Family Lawyers can advise you on the legal adoption process and potential issues, guide you through the process and represent you in court as needed.