Parents become first in Scotland to adopt a child as a couple despite being separated

Two parents have become the first in Scotland to adopt a child as a couple despite having separated.

The former couple have been allowed to continue with their adoption of an eight-year-old girl as co-parents as she is already part of their family unit.

Scottish legal firm Wright, Johnston & Mackenzie (WJM) acted on behalf of the parents, who were originally living together but were not married or in a civil partnership.

They are also already the adoptive parents of an older child whom the girl regards as her sibling.

Adoption legislation stipulates that people looking to adopt together must be a relevant couple, which is defined as either being married or in a civil partnership, or living together as if civil partners or spouses in an enduring family relationship.

This meant the now-separated couple faced the prospect of having to choose which one of them would progress with the application as a single adopter.

However, the Court of Session took a “broad and flexible” view of the wording of the legislation to ensure the value of a stable family unit in the child’s development could be promoted.

The court determined it was not necessary for partners to share the same property in order to be living in a family relationship.

It was heard that the schoolgirl has lived with the former couple since 2020 and is “thriving” in their care.

She was described to the court as “progressing well at school” and an important part of the wider family.

Wright, Johnston & Mackenzie said the case will not set a norm for people who are not in secure and long-established relationships to adopt.

Roger Mackenzie, Partner, WJM, said: “This decision reflects societal shifts and the need for family law to adapt as the dynamics of families and relationships continue to evolve.

“We welcome this decision, which reiterates that the paramount consideration is the welfare of the child, and in this case, the benefit of having two parents with equal legal status. You can still maintain a stable and enduring relationship as parents without living together.

“We were able to demonstrate the adopters had created a cohesive, integrated family life, and despite no longer living together as a couple, should still be considered a relevant couple who worked positively together to care for the child.”

The court highlighted that the purpose of the wording of the legislation is to ensure a child is adopted into a stable family unit.

However, the adopters were found to have demonstrated their commitment to the family unit in the two years after separating.

Lady Tait ruled: “The child is loved, well-cared for and thriving in the care of the petitioners.

“She has gained security, stability and a sense of belonging with the petitioners.

“The petitioners have made a lifelong commitment to her.

“In all the circumstances, I am satisfied that adoption will safeguard and promote the child’s welfare throughout her lifetime, and that it is better for the child that I make the adoption order than that I do not.”