Section 2: Legal Costs
The Council encourages prospective adopters to access supports available through the Council, their own agency or through the Sheriff Clerk’s Office to assist with submitting the petition. The prospective adopters must pay the fee for lodging the Adoption Petition and they are entitled to represent themselves in this process if they choose to do so.
Where it is anticipated the adoption will be uncontested and prospective adopters prefer to instruct their own Solicitor for the purposes of adoption, a referral to the Council’s Legal Services will be made in all cases, ahead of a Solicitor being instructed, and within 13 weeks of the adoptive placement commencing.
The prospective adopters can then choose to accept the Council’s recommendation or identify a Solicitor of their own choosing. If the prospective adopters opt to use the Solicitor from the ‘Framework’, then the Council will contribute up to £600 towards costs if the adoption is uncontested, unless otherwise specified in the financial assistance request. If the prospective adopters choose their own Solicitor then the Council will contribute up to £600 to help meet any legal expenses incurred when an adoption is uncontested, unless otherwise specified in the financial assistance request.
Where the prospective adopters have opted to use their own Solicitor and the adoption becomes contested the Council will contribute up to the figure quoted by the ‘Framework Solicitor’ for a contested adoption and the prospective adopters will be liable for any legal costs above that figure, unless a prior agreement has been established following consultation with the Council’s Legal Services and Lead Service Manager with responsibility for adoption.
Where an adoption becomes contested and the prospective adopters have opted to use the ‘Framework Solicitor’, then the Council will meet all legal costs associated with the child’s adoption.
In the event a child is placed for adoption out with Scotland, and prospective adopters are therefore unable to access the Council’s ‘Framework of Solicitors’, the Council will provide financial assistance of up to £600 where an Adoption Petition is uncontested and up to £3000 where an Adoption Petition is contested. Payment of court costs arising from a contested adoption which exceeds £3000 will be considered, however prior agreement with Legal Services and the Lead Service Manager with responsibility for adoption will be required. Notably, the Council also requests that regular invoices are provided to help ensure adopters do not incur any unreasonable costs.
Once a child is adopted, an Adoption Certificate replaces the child’s original birth certificate. This is available from the Registrars General in Edinburgh and the adopters are responsible for this fee.