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Social Care and Health
Children and Families
Adoption
Intercountry Adoption
Aberdeenshire Council 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 Aberdeenshire Council, particularly Standard 31.
First Steps
Firstly, we need to clarify whether you are eligible to apply.
Age
If you are married, both of you need to be at least 21 years old, and if you are applying as a single person, again 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 obtain 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. You can find this information on the Department for Children, Schools and Families website.
Charges
As of April 2007, a charge of £5,000 is made for this service. The charge is reviewed annually, usually in March.
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.
Applying to Adopt
After training, the application should be made to Social Work in writing, for assessment of suitability to be an adoptive parent.
We will provide you with an application form for you to complete and return to us.
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 undertake 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, as described above
- Medical Checks
- Social Work Records
- References
- Health and Safety check of your home
- Any other checks relevant to your situation, which may include an employer's reference
In addition, certain countries require additional checks.
The assessment should generally be completed within 6 months from the date that we receive your application. It will involve a number of meetings with your Social Worker.
Agency Approval
When the Home Study Report has been completed, your application will be considered by Aberdeenshire Council's Permanence Panel.
The Panel will consider your application and will make a recommendation to the Head of Social Work (Child Care and Criminal Justice).
The Head of Social Work (Child Care and Criminal Justice) 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 his decision within 7 days.
Following Agency Approval
It is important to clarify what documentation will be needed, in relation to your application, and we will meet with so that this documentation can be put together.
Your papers will go initially to the Scottish Government.
When you are matched with a child, Aberdeenshire Council 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 Performance Panel.
Legal Background
Adoption is the legal progress 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:
- The Adoption (Intercountry Aspects) Act 1999
- Adoption of Children from Overseas (Scotland) Regulations 2001
- Intercountry Adoption (Hague Convention)(Scotland) Regulations 2003
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 (eg a local authority).
Legal Advice
The information on these web pages is provided in good faith by Aberdeenshire Council but does not represent legal advice.
Anyone considering adopting a child from overseas will probably want to contact their own solicitor.
Information on local solicitors who may be able to help can be obtained at www.lawscot.org.uk
Types of Adoption from Overseas
Convention Adoptions
This refers to any adoption made under the Articles of the Hague Convention 1993 between 2 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 and there is generally no need for adoptive parents to reapply to a Scottish court for an adoption order, unless an interim adoption order was granted in the child's State of origin, and reapplication 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 this should be checked with the Home Office.
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 reapply to a Scottish court for an adoption order unless an interim order was granted in the child's State of origin and reapplication 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.
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 Aberdeenshire Council Social Work in writing of your intention to apply to adopt. You should write to The Head of Social Work (Child Care and Criminal Justice), Carlton House, Arduthie Road, Stonehaven, AB39 2DL. Social Work will be required to 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 1984 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.
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(s). 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(s) 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.
More Information
Further information can be obtained from the following sources:
- Aberdeenshire Council
email: adoption@aberdeenshire.gov.uk
Tel: 01467 625555 for an information leaflet
- The Scottish Government
Children, Young People and Social Care Directorate
Area 2-C(S)
Victoria Quay
Edinburgh
EH6 6QQ
Tel: 0131 244 3663
- The Department for Children, Schools and Families
www.dfes.gov.uk/intercountryadoption
NB although this website contains useful information, much of the legislation referred to is English rather than Scottish
- Intercountry Adoption Centre
open Monday - Thursday 10.30 am - 1 pm, 2.30 pm - 5 pm
www.icacentre.org.uk
Tel: 08705 168742
- Leaflet "Intercountry Adoption"
Published by:
Baaf Adoption and Fostering
Saffron House
6 - 10 Kirby Street
London
EC1W 8TS
- Overseas Adoption Support and Information Services
www.adoptionoverseas.org
Helpline tel: 0870 241 7069
Representations and Complaints
Whilst it is Aberdeenshire Council's 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 Aberdeenshire Council Fostering and Adoption Service is regulated by the Care Commission, you may also make a complaint to:
The Care Commission
Johnston House
Rose Street
Aberdeen
AB10 1UD
Tel: 01224 793870
