Inter-country adoption
Legal Background Adoption legally establishes a parent-child relationship through a court order. The requirements and procedures for inter-country adoption are outlined in the following Acts:
- Adoption and Children (Scotland) Act 2007
- The Adoption (Intercountry Aspects) Act 1999
- Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003
- Adoption with a Foreign Element (Scotland) Regulations 2009
It is a criminal offence, under certain conditions, to bring a child into the UK without approval as a prospective adopter by a UK adoption agency.
Legal Advice
Anyone considering adopting a child from another country should consult their solicitor.
Fees
You are responsible for all costs associated with your application to adopt from another country. Your solicitor will provide details of these costs.
Adoption Agency Fee
The fee is £10,741, paid in non-refundable instalments of £5,000 and £5,741. The first payment is due before attending the preparation course, and the second payment is due before the full assessment begins.
First Steps
First, we need to determine your eligibility to apply. Applications are accepted from single applicants or couples who have lived together for at least 2 years, including:
- Married couples
- Couples in a civil partnership
- Couples living together as if they were married or civil partners in a stable family relationship
- Single individuals
Age
Applicants must be at least 21 years old. There is no upper age limit, but if an adoption order is sought in a Scottish court, the Sheriff must consider whether the age difference between the parent and child is “normal.” In East Lothian, we recommend no more than a 45-year age difference between the adopter and the child. Adopters must have sufficient health and vitality to raise a child until early adulthood, so age and health are important factors.
Get in touch for more information.