Court ruling supports modern family adoption

In a landmark decision on September 25, the Court of Session in Scotland has made significant strides in aligning adoption legislation with contemporary family structures. This ruling is the first of its kind in Scotland, allowing a couple who had separated to continue their adoption process together despite not being married or in a civil partnership. The legal firm Wright, Johnston & Mackenzie (WJM) represented the clients, who had already adopted an older child and were in the midst of adopting the child’s sibling when their relationship ended.

Historically, adoption legislation required individuals to be defined as a "relevant couple," which means being married, in a civil partnership, or living together in an enduring family relationship. This stipulation left the now-separated couple facing the difficult choice of which one would proceed as a single adopter. However, the Court took a "broad and flexible" approach to interpreting the legislation, emphasising the importance of a stable family unit for the child's development. The court ruled that it was not essential for the partners to reside together to be considered as living in a family relationship.

Roger Mackenzie, a Partner at WJM, expressed appreciation for this progressive ruling: “This decision reflects societal shifts and the need for family law to adapt as the dynamics of families and relationships continues to evolve. We welcome this decision which reiterates 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."

The Opinion from the Court noted the importance of ensuring that the child is adopted into a stable family environment. Despite their separation, the adopters showcased their commitment to maintaining a cohesive family life for the well-being of the child. The judgement also referenced two other cases in the UK that explored the concept of relevant couples. One involved a same-sex couple, where each partner had given birth to a child and were in the process of finalising the adoption of a second child at the time of their separation.

Mackenzie further remarked, “What these cases have in common is that the co-parents were able to maintain a positive and constructive relationship which benefitted the children, sharing the day-to-day parental responsibilities. If the order had not been made the children in these cases would have been denied the social and emotional benefits of the recognition of their relationship with both of their parents." In this progressive ruling, the Court of Session has thereby set a precedent that not only recognises evolving family dynamics but also prioritises the welfare of children amidst changing societal norms.