This blog will give a brief overview of intercountry adoption. However, please be aware that there many complex procedures and processes involved here therefore we advise that you speak with a solicitor from our Immigration Team who will be able to assist you.
First of all it is a good idea to get fully up to speed with the adoption laws of the country from which you wish to adopt.
A child may be suitable for intercountry adoption if he/she cannot be cared for in his/her own country, if adoption would be in that child's best interests, if the proposed adopter has been fully assessed by an adoption agency as suitable and if no profit is to be made from the adoption process.
As with Scottish adoptions, anyone can adopt a child from another country as long as you are over the age of 21 and habitually resident in the UK. However, there may be restrictions in the country from which you wish to adopt.
The UK is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the 'Hague Convention'). If you adopt a child from another Hague Convention country then this means that the UK will immediately recognise the adoption and the child will be granted British citizenship.
Recently, a 'designated list' was brought into force. If you adopt a child from a country on this list then the adoption will be recognised by the UK. However, you will have to make a separate application for British citizenship for your child.
If you adopt from a country that is not a Hague Convention country or on the designated list then you will have to apply for an adoption order from a court in the UK. If this order is granted then UK will recognise the adoption and the child will be granted British citizenship if a parent is British.
There are many steps in the adoption process. Also, you will have to provide a number of documents throughout this process.
Firstly, you will have to contact an adoption agency in the UK. You will be fully assessed by the agency. Your application will then be sent to an adoption panel thereafter to the Scottish Government. If it is successful then you will be granted a Certificate of Eligibility. This must be notarised and legalised by the Foreign & Commonwealth Office.
You can then send your application to the foreign authority of the country from which you wish to adopt and that authority will attempt to match you to a child. If you are matched to a child you are able to meet the child and the adoption may go ahead.
Finally, upon returning to the UK you will have to notify your local authority and the adoption will be monitored for a period of time.
Adopting a child from another country can be an option for those wishing to adopt. It does involve many processes within the UK and entails liaising with foreign jurisdictions. There will be assessments to be undertaken and many documents to be provided. However, it can be the exciting start of your new family in the UK!
If you wish further advice on intercountry adoption please contact a member of our Immigration Team.
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