Intercountry adoption: Scotland's guide for international adoption

1. Introduction

This section gives an overview of Intercountry Adoption and describes the scope of the guidance.

Purpose

This guidance offers detailed information about Intercountry Adoption processes for:

• adoption practitioners in Scotland who are involved in the Intercountry Adoption process, for example, social workers who are assessing a prospective adopter; and
• prospective adopters in Scotland who are seeking to adopt a child from a non-Hague country.

The guidance is designed to help prospective adopters and practitioners understand the processes handled, in part, by the Scottish Government.

As this guidance contains legal terms and processes, please see the Definitions section for an explanation of terms used.

For anyone interested in an overview of the Intercountry Adoption process, Adopt a child from abroad - mygov.scot is a helpful starting point.

The process can often be complex to navigate. This document is intended to be used as guidance only. It is strongly recommended that prospective adopters and practitioners seek their own independent legal advice on adoption law and processes.

What is Intercountry Adoption (ICA)?

ICA refers to the legal process by which an individual or couple, who is/are habitually resident in one country, seek(s) to adopt a child who is habitually resident in a foreign country.

ICA can be complex because it involves complying with regulatory requirements, as well as practical procedural and administrative requirements in both the adoptive parents’ home country and the child’s home country. It can be a lengthy and expensive process, with timescales varying significantly between countries and often extending over a number of years.

There are various forms of ICA, but they share a fundamental objective: to enable the lawful transfer of parental rights and responsibilities to prospective adopters across international jurisdictions.

This guidance covers the four main types of ICA:

• Hague Convention Adoptions
• Non-Hague Convention Adoptions
• State of Origin Adoptions (where Scotland is the “sending State”)
• Restricted Countries List Adoptions

More information on each case type can be found in Section 3.

What this guidance does not cover:

• Immigration

The Scottish Government does not deal with queries related to immigration. Immigration is a reserved matter for the UK Government. Please refer to Useful contacts and weblinks for relevant contact information.

• Recognition of overseas adoptions

This is when parents, who have legally adopted a child in a foreign country, are now seeking to have the foreign adoption order recognised in Scotland.

The Scottish Government cannot provide adoption advice on individual cases and can only provide general guidance. If a prospective adopter believes that the adoption is one that would be recognised as an overseas adoption under the Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013, it is recommended for that person to contact the National Records for Scotland to register the adoption. It is strongly recommended for adoptive parents to seek professional legal advice.

• Domestic Adoption, including family or stepparent adoption, of a child habitually resident in the UK

When a prospective adopter, including a family member or stepparent, who is habitually resident in Scotland is seeking to adopt a child who is habitually resident in the UK, this would be a domestic adoption rather than an ICA. Adopt a close relative or stepchild provides helpful information on this adoption type.

• Kinship placements across international borders

In some situations, a kinship placement across international borders may be the best permanence option for a child, outside the ICA process. The Scottish Government does not handle these placements. Those interested in a kinship placement may wish to reach out to Children and Families Across Borders for support. Their contact details are found in the Contacts section.