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Adoption

Here are some suggested organisations that offer expert advice on adoption.

Direct Adoption

3 replies

tinkerbell53 · 11/06/2022 00:05

We have been approached with a potential match and the recommendation for legal route is direct adoption (Scotland based). This seems to be a relatively new approach being tried - does anyone have any experience of this and what the disadvantages / advantages over social work get a POAA would be? TIA

OP posts:
Jellycatspyjamas · 12/06/2022 17:05

It’s a fairly standard route depending on which local authority you use - the area I live in and the area I work in both have used direct adoption for as long as I’ve been here. My placing authority did POA, which from my point of view was much preferable.

With POA authority to adopt has already been granted, so the legal process post placement is relatively straightforward. Parental rights have already been removed so while the birth family are still notified of proceedings and have the option of attending/being represented there’s not the emotional pull of them
losing their child, because that’s happened already. It also means final contact will most likely have taken place pre-placement. If the birth family are objecting to the permanence process, you know because they’ll have objected at the time the permanence order was granted. In saying that, because the local authority legal process is already done, the cost of the adoption part falls to you, which in our case meant a significant legal bill - but we could also chose our own lawyers.

With direct adoption the birth parents retain parental rights up until the court date, so you may have to continue contact with them post placement. You also have the full legal process of removing parental rights at the same time as the adoption being approved, the removal of parental rights can be very emotive and the process can drag on abit, which brings its own stress.

Local authorities sometimes prefer direct adoption because they can control the legal process, in that if there is any dissent from the family the process can get both costly and complex. It also means one court date rather than two, in that it’s unlikely a sheriff would agree to removal of parental rights but not agree the adoption. It also can be easier for the birth family to have one legal process to go through.

It can take a while post placement though to sort out the legal part, and you’d have possibly to agree contact with the birth family, final contact and various professionals meetings to attend while it sorts out. With POA we had the adoption hearing 13 weeks post placement, which wouldn’t have been possible with direct adoption.

It might be worth asking why the recommendation is for direct adoption, sometimes there are good reasons for going down that route so it’s worth checking it.

Ted27 · 13/06/2022 14:24

@Jellycatspyjamas

is direct adoption equivilant to the English foster to adopt ?

Jellycatspyjamas · 13/06/2022 23:38

Not really, @Ted27 direct adoption is probably closest to the standard procedure in England where parental rights are removed from the birth parents and granted to the adoptive parents in the same hearing.

The POA process (permanence order with authority to adopt) removes parental rights from the birth parents and places full parental rights with the local authority as corporate parent, while also giving authority to place for adoption. Parental rights then transfer from the local authority to the adoptive parents at a second hearing following placement.

Either adoption hearing can take place 13 weeks after placement but with direct adoption it can take much longer to go to hearing because the birth parents have the right to challenge the permanence decision, which can take time in terms of legal challenge. If the permanence order has already been granted the actual adoption order is often a simpler decision so can be very quick.

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