Intercountry adoption: Scotland's guide for international adoption

4. Eligibility criteria

This section sets out the general requirements that prospective adopters in Scotland must meet in order to be eligible to adopt a child.

Scotland’s rules on who can adopt from overseas are the same as those for Scottish domestic adoptions, which are covered in section 29 and section 30 of the 2007 Act. There are no limitations or rules relating to marital status, sexuality, race, religion or disability.

In Scotland, a person can adopt if they:

• Are aged 21 or over
• Have lived in Scotland for more than a year and are considered to have habitual residence in Scotland

A person can adopt a child regardless of:

• Where they were born
• Whether they have children already or not
• Any 'protected characteristics' they have as part of the Equality Act (for example, your marital status, sexual orientation or religion)

Local authorities should be the first point of contact for information regarding assessment to decide if someone is suitable to adopt. Voluntary adoption agencies in Scotland may also be able to assist, but we recommend discussing with local authorities in the first instance.

Prospective adopters must also satisfy the eligibility criteria of the country from which they wish to adopt. Each country will have specific adoption requirements regarding who is eligible to adopt, and the Scottish Government does not hold a record of this information.

Each country will also have different arrangements in place to process adoptions, and this will result in variable service delivery which may include:

• Indicative waiting times and approximate costs;
• Finalisation and post-adoption arrangements;
• Immigration and citizenship arrangements.

It is the responsibility of the prospective adopters to research and ensure they are able to meet the standards set by the country they wish to adopt from. As a starting point, prospective adopters should research the country they are adopting from to find out their adoption criteria and what fees may be charged. The country's embassy or consulate can also provide information and advice about adoption. Find information about other countries' embassies in the UK on GOV.UK. For information regarding processes and procedures, prospective adopters may wish to review the Country Profile for the country they wish to adopt from. Please note, these country profiles are very detailed regarding legislation and procedure, and assistance may be required to understand the content. Though the Scottish Government’s ICA team may be able to assist with a specific question or help with general information, it may be helpful to seek independent legal advice to ensure an adequate understanding of the requirements.