Supporting adoption: vision and priorities - statement

3. The Evolving Nature of Adoption

Adoption has undergone significant transformations in the last 100 years, reflecting changes in societal attitudes, legal frameworks, and child welfare practices. Prior to 1930, adoptions were arranged on a private basis. This was changed by the Adoption of Children (Scotland) Act 1930, which introduced legal adoption into Scotland. Since then, charitable bodies or local authority social work departments (known as 'adoption agencies') have been involved in making arrangements for the adoption of children prior to an application for adoption being made to the civil courts (Court of Session or sheriff court) in Scotland.

In the mid-20th century, particularly from the 1950s to 1970s, there were practices which resulted in newborn babies being unnecessarily taken from unmarried mothers and placed for adoption. This happened with little or no consideration of the rights or wishes of mothers and their children. Such practices were known as historic forced adoption and have had lifelong impacts on those affected. The former First Minister of Scotland, Nicola Sturgeon, delivered a national apology for historical adoption practices on behalf of the Scottish Government on 22 March 2023.

As the decades progressed, the focus of adoption shifted towards the needs and rights of the child. The 1980s saw increased awareness of the impacts of adoption. This led to increased regulation and the introduction of more open adoption practices.

The Adoption and Children (Scotland) Act 2007 (‘the 2007 Act’) was designed to improve, modernise and extend adoption in Scotland by providing greater stability for children who cannot live at home. At the heart of the legislation is the principle of minimum intervention, already enshrined in law in the Children (Scotland) Act 1995. This means that intervention should only occur where it is necessary and to the level necessary.

The 2007 Act places duties on local authorities to provide an adoption service and assess someone’s need for adoption support - and to provide that support. The Act is clear that this duty on local authorities to provide adoption support applies to people at different stages of life, including: adopted children and young people; adult adoptees; birth families, including siblings; and any other people impacted by a proposed or confirmed adoption.

Since the introduction of the current legislation, the adoption landscape has continued to evolve. The Independent Care Review (The Promise), published in 2020, highlighted the changing nature of adoption and the need for ongoing support:

“The Care Review has heard positive stories of adoption but also of the pain of broken adoption, which can lead to children falling through the safety net of the ‘care system’ and lack of support in young adulthood. Scotland must support adoptive parents to provide a loving and permanent home for children whilst recognising the importance of children understanding their birth identity and the maintenance of relationships that are important to the child.”

Scotland’s Plan 24-30 is clear that adoptive families should have access to support at any point during the life of their child if they require it.

“Adoptive families will receive the support and attention required to love and care for their children, particularly where the ongoing impact of trauma and broken attachment is felt by the child and the family.”

As we look to the future of adoption in Scotland, we must continue to be mindful of the changing profile of children and adopters; the importance of greater openness and communication to support relationships and sibling groups; and the need for greater recognition and understanding of the impacts of adoption for all those involved.

This has been – and must continue to be – an ongoing listening and learning process, respectful of all those who have shared their stories over the years.