The Scottish Government

What is adoption?

· Adoption is a way of providing a new family for children who cannot be brought up by their own parents.

· It's a legal procedure in which all the parental responsibility is transferred to the adopters.

· Once an adoption order has been granted it can't be reversed except in extremely rare circumstances.

· An adopted child loses all legal ties with their birth parents and becomes a full member of the new family, usually taking the family's name.

Can I adopt from any country in the world?

· A suspension of intercountry adoptions from Cambodia was introduced in June 2004.

· A suspension of adoptions from Guatemala was introduced on 6 December 2007.

· Some other countries impose restrictions on inter-country adoption. You may wish to check with your adoption agency, the UK Embassy or Consulate of the country you are interested in adopting from, or the Scottish Government Intercountry Adoption Team, if you are uncertain about the requirements of a particular country.

· To obtain further information on the restricted countries please click here.

How long does it take to adopt a child from abroad?

· Currently it can take anything from 1-5 years in total to adopt a child from another country, depending on the adoption system in the other country and the availability of suitable children for adoption.

HAGUE CONVENTION

What is the Hague Convention?

· The 1993 Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption aims to establish an international system of co-operation that aims to prevent the abduction of, the sale of, and illegal traffic in children. The Convention requires that intercountry adoption happens only when it is in the child's best interests, that all adopters are assessed and approved as suitable to adopt and that no profit is made from the adoption process. The UK implemented the Convention with effect from 1 June 2003.

· Prospective applicants will wish to note that if the UK has objected to a particular country's accession to the Hague Convention that the Convention is not then 'in force' between the two countries, i.e. adoptions from that country would not be recognized in the UK as Hague Convention adoptions. At the present time the UK has objections lodged to the accession of Cambodia and that of Guatemala.

Which countries have brought the Hague Convention into force?

The up to date list of countries which have brought the Hague Convention into force can be found at: www.hcch.net/index_en.php?act=conventions.status&cid=69

What difference does adopting from a Hague Convention country make?

· Where an adoption has been completed under the Hague Convention:

o the child will automatically receive British Citizenship if you or your partner are a British citizen and both of you are habitually resident in the UK ;

o the adoption will be automatically recognized in the UK and other contracting States;

o The adoption of a child under the Hague Convention can be registered on the Adopted Children's Register managed by the Registrar General.

Can I adopt from a country that is not a Hague Convention country?

· Yes you can, but if the adoption order is not recognized in the UK, you will need to re-adopt the child in a UK court for the adoptive relationship to be legally recognized.

What is the process for adopting from a Hague Convention country?

Important information regarding adoptions under the Hague Convention. The document linked here sets out in detail the procedural requirements of adoptions under the Hague Convention, starting from the point at which a certificate of eligibility, together with information on prospective adopters, has been sent to the country from which the prospective adopters would like to adopt. The process can be summarized as follows:

· You should first contact your local authority social services department or a registered adoption agency to discuss your plans to adopt a child from a Hague Convention country.

· Your agency will provide advice and information about adoption that will set out the legal requirements and procedures for adopting from a Hague Convention country.

· If you are eligible to adopt under the Hague Convention, the social services department or a registered voluntary adoption agency (see the definition of an adoption agency given under the first question above) will carry out an assessment of your suitability to adopt, involving in-depth social worker interviews, police and medical checks and interviews with your personal referees (privately commissioned assessments are not acceptable).

· The information gathered, on which you will have an opportunity to comment, will be presented to the social services department or adoption agency's panel.

· The panel will consider the assessment and make a recommendation about whether you are suitable to adopt.

· A senior manager at the agency will then, taking the panel's recommendation into account, make a decision about whether to approve you as suitable to adopt.

· If you are approved, the agency will send your application to the Scottish Government. Also see the 'After Approval - Processing by the Scottish Government Casework Team' section below.

DESIGNATED LIST COUNTRIES

What is the Designated List?

· The Designated List refers to the list of countries that are named on the Adoption (Designation of Overseas Adoptions) Order 1973. The UK automatically recognizes an adoption made in any of the countries named on the Designated List.

· The Designated List is currently being reviewed under the provisions of the Adoption and Children Act 2002. Further information on the progress of the review will appear on this website.

Which countries are on the Designated List?

Commonwealth Countries

· Anguilla

· Australia

· Bahamas

· Barbados

· Belize

· Bermuda

· Botswana

· British Virgin Islands

· Canada

· Cayman Islands

· Cyprus

· Dominica

· Fiji

· Ghana

· Gibraltar

· Guyana

· Hong Kong

· Jamaica

· Kenya

· Lesotho

· Malawi

· Malaysia

· Malta

· Mauritius

· Montserrat

· Namibia

· New Zealand

· Nigeria

· Pitcairn Island

· St Christopher and Nevis

· St Vincent

· Seychelles

· Singapore

· South Africa

· Sri Lanka

· Swaziland

· Tanzania

· Tonga

· Trinidad and Tobago

· Uganda

· Zambia

· Zimbabwe

Foreign countries

· Austria

· Belgium

· China (but only where the child was adopted on or after 5 April 1993 and was living in England or Wales on or after 10 July 1995 and will be living in Scotland on or after 10 February 1996 and will be living in Northern Ireland)

· Denmark (including Greenland and the Faros)

· Finland

· France (including Reunion , Martinique , Guadeloupe and French Guyana)

· Germany

· Greece

· Iceland

· The Republic of Ireland

· Israel

· Italy

· Luxembourg

· The Netherlands (including the Antilles)

· Norway

· Portugal (including the Azores and Madeira)

· Spain (including the Balearics and Canary Islands)

· Surinam

· Sweden

· Switzerland

· Turkey

· United States of America

· Yugoslavia (but none of the states which make up the former Yugoslavia )

What will it mean if I adopt from a country that is not on the Designated List?

· If the child was adopted in a non-designated country, you will need to re-adopt in a UK court. An adoption order made in this country will then automatically confer British Citizenship on the child if either you or your partner is a British Citizen at the time the adoption order is made.

ELIGIBILITY

I am worried I will be too old to adopt. Is there an upper age limit?

· There is no upper age limit for adopters in the UK. However, some countries do operate upper and lower limits and also specify an age difference between the adopters and the child - i.e. the older the adoptive parents, the older the child likely to be offered for adoption.

I am single, can I adopt?

· Some countries popular with prospective adopters, such as India, Russia and USA allow single adopters, but generally the situation varies from country to country. Check with the UK-based Embassy or Consulate of the country concerned if you are in any doubt about its legal position on this issue.

Can unmarried couples adopt children from other countries?

· The situation is not the same in all countries, so you should check the relevant country requirements, with the Scottish Government, and/or adoption agency if you remain uncertain. However, some countries do allow this.

COSTS

How much does an assessment for intercountry adoption cost?

· The fee is a matter for each individual adoption agency, which is allowed to cover costs it incurs carrying out the home study assessment. It must not however make a profit from the work involved and it must ensure that you understand how the fee is arrived at before you agree to it.

What charges are involved in intercountry adoption?

· Apart from the adoption agency's fee for the home study assessment, the charges you are likely to incur are for:

in Scotland:

· Notarization of documents (variable charge)

· Legalization of documents by the Foreign and Commonwealth Office (currently £28 per document)

· Legalization of documents by the Embassy of the child's country of origin (variable)

· Travel to the child's country (variable)

· Court fees to adopt the child in Scotland (in non-designated cases). Currently there is a fee payable on commencement of the adoption application. If, in the course of the adoption proceedings, some other application related to the proceedings is necessary - such as an application to the Court for directions on a particular point - a further fee will probably be payable. If you are unsure about the court fee payable for your application, or you think that you may be exempt from paying all or part of the fee, you should contact the Court for further information.

· Nationality fees for the child to become a British citizen (in designated countries).

in the child's country of origin (all variable):

· Fees of the adoption agency or lawyer

· Hotel and food costs

· Notarization of documents

· Court fees

· Fees for entry clearance

The list above is only a guide, and there may be other costs particular to the child's own country. For example, in China you are expected to make a donation to the child's orphanage.

Is there any way to reduce the costs involved?

· Not easily. The items of expenditure listed above are essential and cutting corners should be avoided. You are strongly advised to deal with approved adoption agencies or recognized charitable organizations abroad, and not through intermediaries who are not properly authorized, or through a third country. Before you agree to the fees charged, you should ensure that you have a written breakdown of costs so that you know what you are being charged for and can check you are not being charged more than you expected. You will then be able to query any expenditure about which you are doubtful. If you remain uncertain or unhappy, go to another agency.

CHILDREN IN OTHER COUNTRIES

How many children can I adopt from another country?

· You are likely to be recommended for one child, twins or two blood-related siblings.

Will the children from abroad have medical or emotional problems?

· Some children available for intercountry adoption face health and developmental difficulties which may require active treatment. Many will need compensatory nurture. In others, harmful experiences may lead to permanent physical or mental impairment.

· A number of children who are adopted from other countries will have spent the majority of their lives before placement in institutional care. Conditions in institutions will vary from country to country and within countries, but there are implications for the child's emotional and social development of prolonged periods in institutional care. The longer the period of care is and the more deprived the environment, the more likely the children are to suffer long term developmental difficulties.

How old is the child from abroad likely to be?

· This will vary from country to country, but to an extent will depend on the recommendation made by your UK adoption agency. Some countries specify an age difference between the adopters and the adopted child, i.e. the older the adoptive parents, the older the child matched with them.

Should I identify a child before I start the application process?

· You are strongly advised to wait until you have been approved as suitable to adopt and had your application processed by the Scottish Government before you identify a child. In some countries, it is forbidden to identify a child without having been assessed and approved in the UK. If you have identified a child first, you may find yourself in a situation where you may have to return to the UK and leave the child for several months while the assessment is carried out and your application is processed. It is also possible that you may not be recommended as suitable to adopt.

APPLICATION AND ASSESSMENT PROCEDURE

What should I do if I want to adopt a child from abroad?

· You should discuss your plans with your local authority or a voluntary adoption agency who work on intercountry adoption. You will need to be assessed and approved as eligible and suitable to adopt. The law allows only local authorities and voluntary adoption agencies registered to deal with intercountry adoption to assess prospective adopters who want to adopt from abroad.

• A list of all contact details for Scottish Adoption Agencies can be found here.

Why do I have to be assessed by an adoption agency to adopt a child?

The assessment is essentially providing personal information to your adoption agency and the overseas agency that you are suitable to provide a safe, secure and stable home to a child while also providing a privileged/better life for them. It will provide valuable information to the agency that will aid them to match you with a child that meets both yours and their requirements.

Do I need to be approved to adopt a child from abroad?

· Yes. The procedures are very similar to those for adopting a child in Scotland, except that the adoption agency may charge you for your home study assessment.

What is the assessment procedure for prospective intercountry adopters?

· Once you have expressed an interest in intercountry adoption, you and your partner (where appropriate) will be invited to take part in a preparation course, by your local authority or adoption agency. The course will cover issues and questions arising from intercountry adoption, and you will be asked to evaluate what you feel you have learnt on each day.

· If you still wish to proceed with the adoption application, you will then have an assessment carried out on you by the local authority/ adoption agency. This process will involve detailed interviews with a social worker; interviews between the social worker and your nominated referees; assessment of your relationships with your family (including the development of any other children you may have) and your spouse/partner; your employment and economic status; the standard of living in your home; medical reports and police checks (Disclosure Scotland form). This study, when complete, will be used by a local authority or voluntary adoption agency panel and decision maker to decide whether or not to approve your application to adopt and refer the papers to the Scottish Government for further action.

Who carries out the assessment?

· It will be a social worker from your local authority or a voluntary adoption agency registered to work on intercountry adoption.

Can I arrange for a private assessment to be carried out?

· No. The law allows only local authorities and voluntary adoption agencies registered to work on intercountry adoption to carry out assessments.

How long will the assessment take?

· This can vary according to circumstances .

How much will the assessment cost?

· Fees vary between agencies.

What type of information will be considered during the assessment?

The assessment report your local authority or voluntary adoption agency will carry out on you and your partner (where appropriate) will include details of:

· your family background;

· description of the home;

· standard of living as it appears in the home;

· in joint applications, the current relationship between the partners;

· current relationship between the parent(s) and children, if any;

· development of previous adopted children, if any;

· current relationship between the applicant(s) and other family members;

· employment status and health details;

· economic status;

· schooling facilities;

· amenities in the home;

· reasons for wanting to adopt a child from the specified country;

· attitude of grandparents and relatives towards the adoption;

· anticipated plans for the prospective adoptive child.

What supporting documents should I submit?

· Personal Reference

· Birth Certificate

· Police Check (Disclosure Scotland)

· Work Reference

· Health Check

· Financial Statement

· Bank and Mortgage Details

· Letter from Employer

· Proof of Income

· Notary Details ­

· Pictures of Estate and Family

· Passport Photos

· Extract of Passport Details

· Address Details of Foreign Authority

· Marriage Certificate (if applicable)

· Decree Certificate (if applicable)

· Home Office Letter from the Entry Clearance Officer (if applicable)

· Letter to Foreign Authority (if applicable)

· Power of Attorney (if applicable)

· Declaration of Appointed Guardian Letter (if applicable)

APPROVAL BY AN ADOPTION AGENCY

What is the process for approval by an adoption agency?

· You should contact your local authority adoption service or an adoption agency to discuss your plans to adopt a child from abroad (both Local Authorities and approved adoption agencies have a duty to establish and maintain a service that covers both domestic and intercountry adoption).

• The local authority/ adoption agency will then carry out an assessment on you and, if you are a couple, your partner. (Privately commissioned home study assessments are not acceptable). This involves in-depth interviews with a social worker, medical and police checks. The information gathered will be presented to the social services department/ agency's adoption panel and Agency Decision Maker in the form of a report. A senior manager at the local authority or adoption agency will then, taking into account the panel's recommendation, decide whether they can approve you to adopt a child from a specific country.

How long will this process take?

· Usually about 6 months to a year, but it can vary depending on the adoption agency and may this time may vary.

AFTER APPROVAL - PROCESSING BYTHE SCOTTISH GOVERNMENT CASEWORK TEAM

What happens after I have been approved by an adoption agency?

· The adoption agency will forward your assessment and supporting documents to the Scottish Government.

· Your application will be passed to the Intercountry Adoption Casework Team, who will acknowledge receipt of your case. The Casework Team is required to check that your application is complete and that it appears to have complied with the law. If your documentation is incomplete or there are queries which need referral back to the adoption agency, your application may be delayed. At each stage of the process, the Casework Team will need to be satisfied that your documentation is correct and that both Scottish legislative procedure and the foreign country's requirements have been met. .

· The team, once all documents have been received, will pass this to the Social Work Inspectorate Agency (SWIA), to confirm on behalf of the Scottish Ministers that we endorse your application.

· Once the Casework Team and SWIA are content that the application is complete and has complied with Scottish law, we will normally issue a Certificate of Eligibility and Suitability to Adopt. You and your adoption agency will be notified that this has happened. Receipt of this notification is a legal condition that must be met before you are able to bring a child into the UK for adoption.

· Your papers will then have to meet the requirements of the country you are adopting from. This may include getting your papers processed through your Notary Public, the Legalization Branch of the Foreign and Commonwealth Office and, if necessary, the foreign country's Embassy in UK. When the necessary work is complete, your papers will be sent, by the Casework Team, via courier to the relevant authority in the child's country.

Who is SWIA and why do they have to assess my application?

· SWIA assess all intercountry adoption applications to ensure that good social work practice has been carried out by both the lead social worker and the local authority, as there are strict guidelines that both are required to adhere to. Further information on SWIA can be found at www.swia.gov.uk or click here

What happens if SWIA refuse my application?

• If this scenario arises, the application will be returned to the social worker at the local authority, requesting that information be amended, if it has been a fault with the Social Work practice carried out, or this will not be endorsed if the applicants are found not suitable to adopt, with comments given.

What fees should I need to know about?

· Your appointed notary (fee will vary - this would have been pre-arranged between yourself and notary)

· The Foreign Commonwealth Office (fees are £28 per document plus £6 p&p)

· The Embassy/Consulate (if applicable) (fees will vary)

· Translator (if applicable) (fee will vary)

· The Scottish Government do not charge a fee for the service provided

MATCHING WITH A CHILD

What happens after my application has been sent abroad?

· When the relevant authorities in the foreign country have received your application they will review your file and seek to match you with a child, matching both your requirements and most importantly the childs. The Scottish Government or foreign adoption agency will advise you of the procedure for the country in question.

How long will it take for me to be matched with a child?

· Currently this can take anything from up to 6 months to 5 years, depending on which country you are adopting from.

What happens after a match has been made?

· The Scottish Government or adoption agency will be able to advise you in more detail of the procedure in the country from which you wish to adopt once a match has been made.

Do we have to meet the child before adopting him?

· Yes, it is essential that if you are adopting jointly, both of you travel to the child's country to meet him/her before you proceed to adopt the child. This is because you are making a joint decision and a joint commitment to the child.

ADOPTING THE CHILD IN THE OTHER COUNTRY

I have received a match from the foreign agency, what do I do now?

· Procedures vary from country to country, so you should contact the Scottish Government, or adoption agency for advice on this. Usually there will be an adoption hearing at a Court in the country you are adopting from.

What requirements will I have to meet?

· Again, you should consult the Scottish Government, or adoption agency for advice on this, since procedures differ between countries

BRINGING THE CHILD HOME - IMMIGRATION

What do I need to do before bringing the child back to the UK?

· Once you have adopted the child, you may need to make an entry clearance application at the Embassy/ Consulate/ High Commission nearest to where the child is living. The Entry Clearance Officer (ECO) will consider the application and if he is satisfied that the requirements have been met, they may ask the Scottish Government for advice as to whether the adopter has been assessed and approved lawfully. The ECO will also check any papers available relating to the child and how he/she became available for adoption. If there are any inconsistencies or concerns, these will be investigated.

· The ECO will consider the application and make a decision about entry clearance.

What requirements will I have to meet?

· You should ensure that the following documents are supplied to the ECO when submitting the application as the Scottish Government need to see them before giving advice to the ECO over the application:

· the child's original (if available) and new birth certificate;

· parental consent (only valid if given 6 weeks after the birth of the child) or a certificate of abandonment from the relevant authorities;

· an adoption/ guardianship order; if there is no adoption/ guardianship order, written permission from the relevant authorities of the country concerned that they are content for the child to leave the country and travel to the United Kingdom to be adopted by the prospective adopter(s);

· a recent medical report on the child. It is recommended that you use the BAAF Adoption and Fostering intercountry adoption medical form which you can get from the BAAF Adoption and Fostering website ( www.baaf.org.uk ).

· If the child is 7 years old or more, a report of the interview with the child in which the child's view and understanding of the proposed adoption is clearly stated.

Documents must be translated into English and notarized. If you or your agency does not forward the child's details to the Scottish Government for consideration before you apply for Entry Clearance (EC) at the British Embassy/ Consulate/ High Commission, the Department will need more time to consider the EC application.

POST-ADOPTION

Is there anything I will need to do after the adoption?

· Most countries require Post-Placement Reports to be sent to them at regular intervals. The progress reports are usually required to be completed by the local authority or voluntary adoption agency registered to work on intercountry adoption. It is therefore important that you maintain contact with your local authority or voluntary adoption agency in order to comply with this requirement.

· The frequency of these reports varies

How long will I need to wait before adopting a second child?

· Good social care practice recommends that you wait at least 12 months after adopting the first child before you start the process of adopting a second child.

Where can I get information and support, and meet other intercountry adopters?

· All local authorities are now required to provide a comprehensive adoption support service. Intercountry adopters and intercountry adoptive children are entitled to an assessment of their needs for adoption support. Services which may be provided include counseling, advice, information, therapeutic services, services to ensure the continuation of a relationship, and services to assist in case of disruption of adoption placements. You should contact your local authority for more information.

· The British Association for Adoption and Fostering Scotland (BAAF Scotland) enquiry line is 0131 226 9270, e-mail address scotlandl@baaf.org.uk and website address http://www.baaf.org.uk/local/scot/index.shtml

· Scottish Adoption Association can be contacted on 0131 553 5060, by e-mail at info@scottishadoption.org and their website address is http://www.scottishadoption.org/

· You will also be able to meet other prospective intercountry adopters and those already with experience of intercountry adoption at the Preparation Course your local authority or voluntary adoption agency will arrange for you to attend when you have expressed an interest in proceeding with an intercountry adoption application.