Intercountry adoption: Scotland's guide for international adoption

10. Flow Charts for ICA Processes

This section provides a visual overview of the four main types of ICA: Hague Convention Adoptions; Non-Hague Convention Adoptions; State of Origin Adoptions (where Scotland is the “sending State”); and adoptions from countries with special restrictions.

Hague Convention Adoptions

Step one:

• Local authority (LA) assesses the prospective adopters (PAP), following standard assessment process. All application and supporting documentation should then be sent by LA to the Scottish Government (SG).

Step two:

• SG checks the casework complies with legislative requirements, before issuing Certificate of Eligibility (CoE) for PAP.

Step three:

• SG continues to act as Central Authority, passing information between the PAP, LA, and the Central Authority in the child’s State of Origin until the case is completed. This includes contact with the Foreign, Commonwealth and Development Office (FCDO), any notarisation and legalisation processes, any consular services, etc.

Step four:

• Further stages before adoption can be completed will be followed through the responsible authority's respective processes, which are outwith SG’s devolved competence – such as the UK Home Office granting entry clearance for the child. SG will respond appropriately to any enquiries.

Non-Hague Convention Adoptions

Step one:

• Local authority (LA) assesses the prospective adopters (PAP), following standard assessment process. All application and supporting documentation should then be sent by LA to the Scottish Government (SG).

Step two:

• SG checks the casework complies with legislative requirements, before issuing Certificate of Eligibility (CoE) for PAP.

Step three:

• SG passes the casefile back to PAP, who takes the case forward directly with the Central Authority in the child’s State of Origin, including contact with the Foreign, Commonwealth and Development Office (FCDO), any notarisation and legalisation processes, any consular services, etc.

Step four:

• Further stages before adoption can be completed will be followed through the responsible authority's respective processes, which are outwith SG’s devolved competence – such as the UK Home Office granting entry clearance for the child. SG will respond appropriately to any enquiries.

State of Origin Adoptions (where Scotland is the “sending State”)

Step one:

• Local authority (LA) adoption agency confirms to the court that it has complied with the requirements imposed under Parts IV and V of the Adoption Agencies Regulations and submitted to the court the things mentioned in Regulation 8 of the Adoptions with a Foreign Element (Scotland) Regulations 2009.

Step two:

• The foreign authority must confirm in writing to the adoption agency that the prospective adopters have been counselled and that the legal implications of adoption have been explained to them; prepared a report on the suitability of the prospective adopters to be adoptive parents; determined and confirmed in writing to the adoption agency that the prospective adopters are eligible and suitable to adopt in the country in which adoption is to be effected; and confirmed to the adoption agency that the child is or will be authorised to enter and reside permanently in that country or territory.

Step three:

• Prospective adopters must confirm in writing to the adoption agency that the prospective adopters will accompany the child out of Great Britain and into the country where the adoption is to be effected, and will confirm if the relevant foreign authority has confirmed that it is necessary for only one prospective adopter to accompany the child.

Adoptions from countries with special restrictions (‘Exception Requests’)

Step one:

• Guidance specifies that, prior to an Exception Request being considered by Scottish Ministers, prospective adopters (PAP) must be assessed by their local authority (LA) regarding their eligibility to adopt.

Step two:

• Once LA assessment is complete and PAP is approved, supporting documentation regarding Exception Requests should be submitted by LA to the Scottish Government (SG) for Ministerial consideration.

Step three:

• If an Exception Request is granted, the casework must then be progressed in the same way as a standard Hague or Non-Hague ICA application, depending on whether the Restricted Country’s Convention status is acknowledged by the United Kingdom.

Step four:

• Prospective adopters then need to meet all requirements for that process to be completed (see Hague or Non-Hague, as appropriate).

Step five:

• Further stages before adoption can be completed will be followed through the responsible authority's respective processes, which are outwith SG’s devolved competence – such as the UK Home Office granting entry clearance for the child. SG will respond appropriately to any enquiries.