INTERCOUNTRY ADOPTION PROCEDURES
If you are interested in adopting a child from an overseas country, your first point of contact should be your local authority's social work department, who will also act as your adoption agency. A social worker will explain the procedures, in preparation for the process of being assessed regarding your suitability to adopt.
This note aims to provide a brief overview of intercountry adoption processes and procedures for people resident in Scotland interested in adopting.
Summary of procedures
In most cases, the procedure for intercountry adoptions in Scotland may be summarised as follows:
The Adoption Agency
· Prospective adopters should contact their local authority about intercountry adoption. However, the local authority/adoption agency will only be able to provide information on the processes of intercountry adoption. It is the responsibility of the prospective adopter to research and clarify the requirements of the overseas country and not the adoption agency to provide these details. Should the applicants wish to continue they would then be assessed by their adoption agency as suitable parents. The application to adopt will include the assessment (home study report) and relevant supporting documents (according to the requirements of the overseas country) for which may include the following items;
Information sought and provided by the adoption agency;
o Home study Report - This will involve in-depth interviews with a social worker, with medical and police checks being requested.
o Local Authority/Adoption Agency Decision Letter - When the assessment process is complete the prospective adopter will be considered by the agency's adoption panel, which will make a recommendation on the application and an approval decision will then be made by a senior manager in the agency.
o Local Authority/Adoption Agecny Panel Minutes - this will be the original minutes from the meeting of the adoption agency's decision making team
o Local Authority/Adoption Agency Post-Placement Report Pledge - The adoption agency will confirm in writing to carry out several post placement reports on the child as per the requirements of the country
Information to be provided by the applicants and submitted to adoption agency;
o Personal Reference
o Birth Certificate
o Police Check (Disclosure Scotland)
o Employers Reference or statement from your accountant if Self Employed
o Health Check
o Financial Statement
o Bank and Mortgage Details
o Letter from Employer
o Proof of Income
o Notary Details
o Pictures of Estate and Family
o Passport Photos
o Extract of Passport Details
o Address Details of Foreign Authority
o Marriage Certificate (if applicable)
o Decree Certificate (if applicable)
o Home Office Letter from the Entry Clearance Officer (if applicable)
o Letter to Foreign Authority (if applicable)
o Power of Attorney (if applicable)
o Declaration of Appointed Guardian Letter (if applicable)
Please Note: Failure to comply with the relevant requirements may constitute an offence.
The Scottish Government
The role of the Scottish Government is to ensure that applications comply with Scottish Legislation. The Intercountry Adoption Team will normally issue a 'Certificate of Eligibility' to adopt for the prospective adopters on behalf of Scottish Ministers. The ICA team advises applicants of any additional documents and fees that are required to accompany the application and on requirements regarding notarisation and legalisation of supporting documents. Once papers have been notarised and legalised as required, the ICA team will submit the application to the nominated foreign authority. The ICA team will keep prospective adopters informed of progress with their application in writing at each stage.
Please note: that it is the responsibility of the applicants to ensure all research and preparation on overseas adoption is done and that all supporting documents are submitted to avoid any delay in the process. The Scottish Government role is primarily to process your application through the legal side and whereby advise of any problems, the local support network should be your Adoption Agency's Social Worker.
· The prospective adopters application is then passed to the Scottish Government Intercountry Adoption Team (SG ICA team) who will ensure that the relevant paperwork is in order
o However should there be relevant paperwork missing, a member of the ICA team will contact your social worker requesting this information
· The application will be sent to a Social Work Professional whereby they will assess that the home study would have been carried out in "Good Social Work Practice" and that the applicants are suitable to adopt, with comments being submitted to the SG ICA.
· The ICA team will issue a 'Certificate of Eligibility' suitability to adopt to the application (only when the foreign country has ratified to the Hague Convention, otherwise the application will be passed by onto the Department for Education (DfE) intercountry adoption team to issue on our behalf, with a covering letter detailing that the application complies with Scottish Legislation). This informs the relevant foreign authority that the Scottish Government as Central Authority on behalf of Scottish Ministers approve the prospective adopters .
· Your application will be submitted to the following;
o Your appointed notary (fee will vary - this would have been pre-arranged between yourself and notary)
o The Foreign Commonwealth Office (fees are £28.80 per document plus £6 p&p)
o The Embassy/Consulate (if applicable) (fees will vary)
o Translator (if applicable) (fee will vary)
o Application is submitted to the foreign authority for matching
At each stage your application will be returned to the Scottish Government before progressing to the next stage, except the final stage when the application remains with the foreign authority.
The Foreign Authority
Your application has now been sent to the foreign authority, and has joined the list of applications from other prospective adopters. Your application will be reviewed and matched with a child between 3 months and 5 years on arrival (depending on the amount of applications the country has received). However please note that the Scottish Government can NOT update you on your application as this will solely be your responsibility to contact them if you decide to do so, although we do not recommend this.
· The relevant country matches the prospective adopters with a child. Documents on the child are submitted to the Scottish Government, and are forwarded via the adoption agency to the prospective adopters.
· The adoption agency and the prospective adopters meet to discuss the match.
· Where applicable the prospective adopters will travel to visit the child in the relevant country and will notify their adoption agency of their decision as to whether they wish to proceed or not. The adoption agency will notify the Scottish Government of the applicants decision and they will notify the relevant country. A child acceptance letter may be requested to be signed by both the applicant and the social worker to formally accept the child and this will ensure that the adoption can proceed.
· Depending on the country in question, the prospective adopters then obtain an adoption order from the foreign authorities and apply to the Home Office Entry Clearance Officer for entry clearance (i.e. immigration clearance for the child) to bring the child into the UK or the prospective adopters obtain entry clearance, bring the child into the UK and make an application for an adoption order here. For some countries, a UK adoption order will be needed in addition to an adoption order in the relevant country.
· The prospective adopters will have to notify their local authority, within 14 days of the child's entry into the UK, of their intention to apply for a UK adoption order unless the prospective adopters have obtained an adoption order in the relevant country and it is recognised under UK law.
· The adoption agency will usually visit the family and the child regularly carrying out a post placement report on the child to ensure that the adoption was in the best interests of the child, this report will be sent to the foreign authority as per their requirements.