What is intercountry adoption?

An intercountry adoption is an adoption of a child who is habitually resident in one country by an individual or couple who are habitually resident in another country.

The principles of intercountry adoption which are enshrined in the relevant international conventions to which the UK is a signatory are as follows:

> children who cannot live with their birth parents should be given the opportunity to live as part of a permanent family in their country of birth wherever possible;

> intercountry adoption may be considered as an alternative means of providing a permanent family for a child who cannot be cared for in a suitable manner in his or her own country;

> intercountry adoption should only take place where it is in the best interests of the child and with respect for his or her fundamental rights;

> safeguards and standards equivalent to those which apply in domestic adoption should be applied in intercountry adoption to protect the welfare of the child;

> intercountry adoption should only take place after the birth mother has given her informed consent to adoption after the birth of the child; and

> profit should not be made from the process.

	What does UK law require?

Adoption legislation governing the bringing of children into the UK applies to all prospective adopters habitually resident in the British Islands, irrespective of their nationality.

Briefly, UK law will require:
> assessment by an adoption agency of the prospective adopters suitability to adopt a child;

> the issue of a certificate;

> the prospective adopters, and others, to take various steps these will depend on the circumstances of a particular case.

Prospective adopters who fail to comply with the relevant requirements commit an offence.

	Prospective adopters in England and Wales

Section 83 of the Adoption and Children Act 2002 applies where anyone habitually resident in the British Islands:

1) Brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption,
or
2) At any time brings, or causes another to bring, into the United Kingdom a child adopted under an external adoption effected within the period of twelve months ending with that time.

There are regulations setting out the procedural steps which must be followed. As an overview, prospective adopters must, before the child enters the UK:

> be assessed by an adoption agency (i.e. by a local authority or by a voluntary adoption agency registered in respect of intercountry adoption to carry out an assessment of their suitability to adopt a child);

> be notified that the Secretary of State has issued a certificate to the relevant foreign authority;

> give their adoption agency details of, and reports on, the child they intend to adopt, and meet with the agency to discuss them;

> visit the child in the childs country; and

> confirm to the adoption agency that they have visited the child and wish to proceed with the adoption and notify the adoption agency of the child’s expected date of entry to the UK.

Within two weeks of the childs entry to the UK, the adopters will need to give formal notice to their local authority of their intention to apply for an adoption order unless their adoption overseas is recognised in the UK.

Bringing a child into the UK where section 83 applies and without complying with the relevant requirements is an offence.

An adoption must comply with the relevant procedures even if the adoption is by a couple and only one of them is habitually resident in the British Islands.

To apply for an adoption order in England and Wales you must be at least 21 years of age and:

1) You (or if a couple, one of you) must be domiciled in the British Islands (i.e. England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man)
or
2) You (if a couple, both of you) must have been habitually resident in the British Islands for at least one year.

Adoption agencies will consider these issues when counselling prospective adopters and advising them of the process, and in assessing their suitability to adopt a child.

Section 83 does not apply to Hague Convention adoptions. Instead, a similar, but more complex set of procedural requirements applies. Failure to comply with these requirements will mean that the adoption cannot be a Hague Convention adoption, and section 83 will then apply.

Detailed information on the process for Hague Convention adoptions is available on the frequently asked questions section of the DCSF website. www.dcsf.gov.uk/intercountryadoption

If you intend to adopt in accordance with the Hague Convention you (if a couple, both of you) must be at least 21 years of age and have been habitually resident in the British Islands for at least one year. The adoption agency must not assess you unless you meet these criteria.

	Prospective adopters in Scotland and Northern Ireland

Similar provisions and restrictions apply in relation to the bringing of children into the UK for (or after) adoption in another country, in Scotland and Northern Ireland.

There is also separate legislation for Hague Convention adoptions in Scotland and in Northern Ireland. Further information is available from the Scottish Government and the Department of Health, Social Services & Public Safety (Northern Ireland):

Adoption and Permanence Branch of the Scottish Government
Education Department,
Looked After Children and Youthwork Division,
Victoria Quay, Edinburgh EH6 6QQ

Department of Health
Social Services and Public Safety,
Castle Buildings,
Stormont,
Belfast BT4 3SJ