When couples or individuals seek our advice on adoption, they may not appreciate that intra-UK adoption and overseas adoption are governed by different rules and procedures.
Adopting a child from another country often involves travel back and forth to the child's birth country, together with other considerations which people may not necessarily have thought about prior to attending at our office to discuss the next steps on their adoption journey.
The Process
Those seeking to adopt a child from overseas can only do so if they are over the age of twenty-one, if the child cannot be cared for appropriately in their own country, if they can satisfy the court that the adoption would be in the child's best interests and if the adopter has been assessed as being eligible to adopt a child from overseas by a UK adoption agency.
The country individuals wish to adopt from may have their own laws about who can adopt from that specific country. That country's laws may include provisions relating to the prospective adopter's sexuality and/or marital status or other matters which are different in considerations relating to intra-UK adoption. It is therefore important to ensure that appropriate research is undertaken regarding the viability of an individual adopting a child from that country, prior to taking any practical steps towards the adoption of a child, to avoid disappointment later on.
Adoption Agencies
Adoption agencies have been set up in the UK to assist prospective parents with overseas adoptions. Fewer babies have been made available for adoption in the UK recently, and as such, an increased number of prospective parents have looked out with the UK for a child to adopt. The Scottish Ministers have the power to restrict adoption from overseas countries where appropriate. Safeguards are in place to make sure that the child is protected at all stages of the process. It is an offence for anyone other than an adoption agency to make arrangements to check whether an individual is suitable to adopt a child.
Travel Arrangements
Once the adoption agency is satisfied that a person meets the legal requirements to adopt a child from a particular country and they have been matched with a child, the prospective adoptive parent will need to visit the child's country of origin to meet them before lodging an application for adoption at court, either in the child's country of origin or in Scotland.
Welfare Principle
The paramount consideration of the court in adoption proceedings is the need to safeguard and promote the welfare of the child throughout its life.
Should you be thinking of adopting a child within Scotland or from overseas, our specialist family lawyers are here to help.
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Solicitor
