Inter-country adoption

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
• Adoption with a Foreign Element (Scotland) Regulations 2009

It is 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.

Legal advice

Anyone considering adopting a child from another country should contact their own solicitor. Find out more Information on local solicitors who may be able to help.

Fees

You need to meet all costs in relation to your application to adopt from another country, your solicitor will advise you of all costs.

Adoption agency fee

The fee is £10,741. This is paid in non-refundable instalments of £5,000 and £5,741, the first payment needs to be paid prior to attending the preparation course and the second payment needs to be paid prior to the full assessment starting.    

First steps

Firstly, we need to clarify whether you are eligible to apply. 

Applications can be accepted from single applicants or couples who have lived together for at least 2 years who are:

• Married couples
• Couples in a civil partnership
• Couples living together as if they were husband and wife civil partners in an enduring family relationship
• 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”.  In Edinburgh we advocate no more than a 45 year age difference between the adopter and the child they adopt.  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.  

Initial Assessment Report

This report considers if it is appropriate for you to progress to the preparation course. 

Preparation course

We require all applicants to attend an adoption preparation course. The course offers the opportunity to learn more about adoption.

The training can include

• An introduction to Intercountry Adoption, procedures, processes and legal requirements.
• A consideration of basic parenting skills and the additional tasks and skills required of parents seeking to adopt children from overseas.
• Attachment and separation and its importance to adoption.
• Helping children in the transitional phase.
• Loss and its relevance to adoption, including consideration of the losses experienced by all parties in the adoption circle.
• Child development 
• The impact of institutional care upon children.
• Resilience.
• Exploring adoption with children.
• Adoption and identity.
• Racism and its impact upon children adopted from overseas.

Prospective adopters report

A social worker will complete a full assessment of your suitability to become an adoptive parent.  The report will include the following checks:

• A check of criminal records through Disclosure Scotland
• Medical checks
• Local Authority checks
• 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. 

We aim to complete the assessment within six months from the date we receive your application. 

Agency approval

When the Prospective Adopters Report has been completed, it will be considered by our Adoption Panel. The Panel will consider your application and make a recommendation to the Agency Decision Maker, who will decide on your approval as an adoptive parent. You will get a copy of their decision in writing within 21 days of the panel meeting. 

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 the UK authorities, in relation to your application. We will meet with you so this documentation can be put together.

Your papers will go to the Scottish Government, who may charge a means tested fee up to £1,675. Please check the Scottish Government website directly for any changes.

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 account the recommendation from the Panel.