A to Z Index:
  • Share this |


Intercountry Adoption

We offer a service to people seeking to adopt a child from overseas.

In addition to the information below, we publish an information leaflet - if you would like a copy of this please email adoption@aberdeenshire.gov.uk.

The National Care Standards for adoption agencies set out what you can expect from us, particularly Standard 31.

 

First steps

Firstly, we need to clarify whether you are eligible to apply. Applications can be accepted from:

  • married couples
  • couples in a civil partnership
  • couples living together as if they were husband and wife or civil partners in an enduring family relationship
  • individuals who are married or are in civil partnership but who are applying on their own because their spouse / civil partner cannot be found, or they are permanently separated and living apart, or because of ill health the spouse / civil partner is incapable of making an application for an adoption order
  • a single person

 

Age

You need to be at least 21 years old.

There is no upper age limit, although if an adoption order is applied for in a court in Scotland, the Sheriff must consider whether the age difference between the parent and child is "normal". Adopters need to have sufficient health and vigour to make it likely they will be able to bring up a child at least until early adulthood, so age and health are factors to be considered.

 

Disclosure Scotland

We will ask you to complete a Disclosure Scotland form, so that we can get information about any criminal convictions that you might have.

In relation to adoption from a member country of the Hague Convention, the regulations set out specified offences which would make an applicant unsuitable, and if you have any of these convictions, we would be unable to proceed with your application.

If you have any convictions, then it is wise to discuss these at an early stage with us. The regulations also require us to obtain information about any criminal convictions of members of your household who are over 16.

It is important to recognise that each country has its own requirements about who can adopt, this may be in relation to age, health or family circumstances for example. You can find this information on the Department for Children, Schools and Families website.

 

top of page

Charges

As of April 2011, a charge of £5,440 is made for this service. The charge is reviewed annually, usually in March. This needs to be paid in full when you are ready to proceed with the homestudy assessment. You also need to meet all additional costs related to progressing your application in the child's country of origin.

 

top of page

Preparation course

We ask that all applicants attend our adoption preparation course, and our charges include attending this course.

The course offers the opportunity to learn more about adoption.

The training includes:

  • the reasons why children become available for adoption
  • understanding children's growth and development
  • the impact of difficult early life experiences on the child's ability to develop an attachment to their new family
  • medical issues
  • legal issues
  • the ongoing support and information that adopted children need about birth families
  • parenting issues
  • an opportunity to meet with adoptive parents, adopted people, birth parents, and usually someone who has adopted from another country

The focus of the course is preparation for adoptive parenthood. Due to the small numbers of people wishing to become intercountry adopters, we are unable to run separate groups for prospective intercountry and domestic adopters.

 

top of page

Applying to adopt

After training and if you wish to proceed, the application should be made to Social Work in writing, for assessment of suitability to be an adoptive parent.

We will give you an application form for you to complete and return to us towards the end of the preparation course.

 

Home Study Report

If we consider that you meet the eligibility requirements, then we will open a case record.

We will commission an independent Social Worker who will prepare a written Home Study Report, setting out all the information which is required by law, stating the country from which you wish to adopt a child, including an assessment of your suitability to become an adoptive parent.

 

Checks

By law, we have to do a number of checks and you will be asked to give your written agreement to this. These checks include:

  • a check of criminal records through Disclosure Scotland
  • medical checks
  • Social Work records
  • references
  • an employer's reference - where relevant
  • health and safety check of your home
  • any other checks relevant to your situation

In addition, certain countries require additional checks. Your own research of the country you hope to adopt from will tell you about this.

The assessment should generally be completed within six months from the date that we receive your application. It will involve a number of meetings with your Social Worker.

 

top of page

Agency approval

When the Home Study Report has been completed, your application will be considered by our Permanence Panel.

The Panel will consider your application and will make a recommendation to the Head of Social Work (Child Care).

The Head of Social Work (Child Care) will make a decision on your suitability to be an adoptive parent within 14 days of the Panel meeting and will write to you to notify you of this decision within seven days.

 

top of page

Following agency approval

It is important to clarify what documentation will be needed by the authorities of the country you wish to adopt from as well as the requirements of UK authorities, in relation to your application. We will meet with you so that this documentation can be put together.

Your papers will go initially to the Scottish Government, within seven days of your approval.

When you are matched with a child, we may be asked to provide a view on the suitability of the match. The Agency Decision Maker will provide this view, taking into account the recommendation from the Permanence Panel.

top of page

 

Legal background

Adoption is the legal process where a parent and child relationship is created by court order.

The requirements and procedures for intercountry adoption are set out in the following Acts:

  • Adoption and Children (Scotland) Act 2007
  • The Adoption (Intercountry Aspects) Act 1999
  • Intercountry Adoption (Hague Convention)(Scotland) Regulations 2003
  • Adoptions with a Foreign Element (Scotland) Regulations 2009

One particularly important section of the Act makes it a criminal offence, in certain circumstances, for a child to be brought into the UK by someone who has not been approved as a prospective adopter by a UK adoption agency - such as a local authority.

 

top of page

Legal advice

The information on these web pages is provided in good faith by us but does not represent legal advice. Anyone considering adopting a child from overseas should contact their own solicitor.

Information on local solicitors who may be able to help can be obtained at www.lawscot.org.uk

 

top of page

Types of adoption from overseas

 

Convention Adoptions

This refers to any adoption made under the Articles of the Hague Convention 1993 between two Convention States.

Adoption orders made in respect of children from Convention countries are recognised under UK law. The adoption order granted is called a Convention adoption order. There is generally no need for adoptive parents to re-apply to a Scottish court for an adoption order - unless an interim adoption order was granted in the child's State of origin, and re-application for adoption is one of its requirements.

A list of those countries who have ratified / acceded to the Hague Convention 1993 is available on the website of the Hague Convention on Private International Law.

Further information can also be found on the Department for Children, Schools and Families website.

Children who are the subject of Convention adoption should receive British nationality automatically, but you should check this with the Home Office.

 

top of page

Designated List Adoptions

This refers to countries whose adoption orders are recognised in the UK but who have not signed up to the Hague Convention. These are called designated countries.

A list of designated countries is available on the Department for Children, Schools and Families website.

There is no need to re-apply to a Scottish court for an adoption order unless an interim order was granted in the child's State of origin and re-application for adoption is one of its requirements. However, adoptive parents should apply to the Nationality Department of the Home Office for citizenship on behalf of their child.

Some countries have both ratified the Convention and appear on the designated list. In these circumstances, the adoption will be treated as a Convention adoption.

 

top of page

Non-Convention and Non-Designated Adoptions

When a child is adopted from a country whose adoption practice is not recognised under UK law and whose country of origin has not ratified the Hague Convention, nor is it a designated country, this is known as a non-Convention non-Designated adoption.

Prospective adoptive parents will have to apply to a Scottish court for a full adoption order to be made in respect of the child. They need to do this even if they have obtained an adoption order in the child's country.

If the adoptive parents are British citizens, the granting of an adoption order by a British court should automatically confer British citizenship on the child.

Before applying to a court here, you must notify our Social Work Service in writing of your intention to apply to adopt. You should write to:

The Head of Social Work (Child Care)
Woodhill House
Westburn Road
Aberdeen
AB16 5GB

Social Work will visit your home, to satisfy ourselves as to the child's welfare and provide supervision, until an Adoption Order is made.

The child is treated as privately fostered, in accordance with the Foster Children (Scotland) Act , and the Foster Children (Private Fostering) (Scotland) Regulations 1985 until the full adoption order is granted. Social Work will provide a report for the court, but we ask you to discuss with us and your solicitor when you intend to lodge your adoption petition in court, so that the court report can be prepared around that time.

The adoption order cannot be made until the child has been in your care for 12 months. However, you must notify Social Work on your return to Aberdeenshire with the child, and you can apply to the court for an adoption order as soon as the child enters the UK.

 

top of page

Interim Adoption Orders

An interim adoption order is an order granting parental rights and responsibilities in the child's State of origin that is not a full order under the adoption law of that country. Interim orders are only relevant to Convention and Designated list adoptions, as any type of adoption order made in non-Convention non-Designated countries are not recognised by UK law anyway.

The interim order will allow the child to leave their State of origin accompanied by the prospective adopter or adopters. There may be conditions attached to the interim order before a full order is automatically granted, including for example a specified period of time that the child must reside with the prospective adopter or adopters before the full order can be made.

If a child is brought into the UK under an interim adoption order the child is treated as privately fostered, in accordance with the Foster Children (Scotland) Act 1984 and the Foster Children (Privately Fostered) (Scotland) Regulations 1985 until the full adoption order is granted.

 

top of page

More information

Further information can be obtained from the following sources:

 

top of page

Representations and complaints

Whilst it is our intention to provide a good service, if you have any issues regarding representation or complaint, please ask for the leaflet '"Have your Say: Compliments, Comments and Complaints". The leaflet is available from all Social Work Offices.

As our Fostering and Adoption Service is regulated by Social Care and Social Work Improvement Scotland (SCSWIS), you may also make a complaint to:

SCSWIS
Johnston House
Rose Street
Aberdeen
AB10 1UD
Tel: 01224 793870

top of page