A son wanting his step father to adopt him, it’s a regular occurrence in Scotland. However, one such case has hit the headlines in recent weeks and has resulted in a petition being lodged with the Scottish Parliament. Why all the fuss? Well the son in question is no longer a child but is aged 27.
Nathan Sparling who is now aged 27, was brought up by his step dad Brian from the age of 13. In recognition of all his step dad did in raising him, Nathan wants to give him something back by making him his legal father through the adoption process. However, under current Scottish law this is not possible.
Scottish adoption law found in the Adoption and Children (Scotland) Act 2007 states the legal age that a child can be adopted up to is 18 provided they are unmarried.
However, Nathan has not let the law stop him and has lodged a petition with the Scottish Parliament seeking reform to adoption law to allow others in the same situation as him to be adopted by their step parents. The petition is soon to be considered by the Scottish Parliaments Petitions committee which will also hear from Nathan before a decision is made whether to take the call for reform further.
Initial responses from the Scottish Government have not been warm towards the idea. The concept of adult adoption would set Scotland apart from the other UK jurisdictions and indeed most other jurisdictions around the world.
While from a traditional adoption view there is no need for adult adoption as the care giving and raising of the child, for the most part, is complete, adult adoption could make other areas of the law far cleaner.
Intestate estates where only a step child survives could be handled far more simply with little room for dispute over who has what rights.
On the reverse side where the step parent is perhaps seriously ill or incapacitated, the appointment of a power of attorney and the identification of a next of kin would also be quicker and minimise what is already a distressing situation.
However, if there is to be a change in the law it would need to be carefully implemented to ensure that it was open only to those in situations such as Nathans. Failure to do so could result in the floodgates being opened and the law being abused.
The petition is due to be considered in early September and while as previously mentioned the government response has not been welcoming of this idea, there has never been a better time to consider such change. Family structures are constantly changing, and the law is still working to keep up. At the same time, this petition is happening the Scottish Government has launched a review of family law in Scotland, asking for areas that require reform and looking at how to achieve it. If reform in adoption law is to happen and be carefully considered and legislation crafted around it, there truly is no better time than now, when all of Scotland’s family law experts are speaking to the legislators.
thompson Civil and Family Law Solicitors are a Glasgow law firm, with an office in Coatbridge, serving customers throughout Scotland. We offer all our clients a service which is high quality and affordable. For first-class legal advice on family law, speak to a member of our team. Call us today on 0141 404 6575, or complete our online enquiry form here.