Earlier this year a 28-year-old Nathan Sparling made the headlines when he launched a bid for legislative change to allow adults to be adopted by someone who raised them. The reason behind his push for legislative change captured the hearts of the nation. Nathan never knew his dad but was brought up by his mum and her partner from the age of 12. He called her partner dad and had an excellent relationship with them. He wants to be able to be adopted by him as an adult as a way of thanking him for all he done for him growing up.
Since the story first made headlines, Nathan has attended the Scottish Parliaments Public Petitions Committee to put his case forward. Within his petition Nathan Sparling cites the fact that adult adoption is legal in other countries including Canada, USA, Spain, Germany and Japan. He also highlighted the fact that his right to a family life under the Human Rights #Act 1998 was also at stake by not being able to be adopted as an adult. Following the committee appearance, the MSP’s agreed to speak with Justice Secretary Humza Yousef and the Equalities Minister Christina McKelvie about a possible change in the law. They also stated they would seek the views of other stakeholders including adoption agencies and the Law Society of Scotland.
While no formal statistics for how many are in favour of opening up adoption to adults are available, there have been other cases highlighted during Sparlings campaign. One of these was an 18-year-old who wanted to be adopted by a step parent. Her adoption was only successful as she go the application lodged at court before her 18th birthday. Had she waited a few months more before lodging the papers the court would not have been able to grant the adoption, despite there being little change in personal circumstance.
Not everyone is behind the change, with some concerned that the lines between childhood and adulthood would become blurred. Moreover, the change in law cannot simply come by amending the age for which adoption can happen at. The current adoption law deals with parental rights and responsibilities. However, these rights would not exist in adult adoption. As a result, another form of adoption has to be created out with the current one. Amendments to existing law cannot cure this as the present law only deals with adoption in terms of parental responsibility. This sort of change will take time to come about and will require much consultation to ensure that it is implemented smoothly and does not cause greater legal headache down the track.
While it may be a few months until adult adoption legislation is progressed, our team are always here to help with your child adoption queries. Whether this is in relation to a young child or a child on the edge of attaining age 18 who wishes to be adopted, our team are ready to advise you today. Contact us now.