The MyNotary Network is in the process of preparing an information leaflet – please register your interest by email to admin@mynotary.co.uk and we will send the leaflet to you as soon as it is ready.
General rules and regulations for Adoption in the United Kingdom.
You must have reached the age of 21 to begin the adoption process. To adopt from a Convention country, (see below) you must have been habitually resident in the UK for at least one year. For other circumstances please request our explanatory leaflet or contact us.
Inter country adoption.
On June 1st 2003 the UK implemented the Hague Convention on protection of children and co-operation in respect of inter-country adoption. This means that there are now three types of adoptions from overseas. They are:-
1. Convention country adoptions,
2. Designated country adoptions
3. Non Convention and Non Designated country adoptions
1. Conventional Adoptions are made between those countries that have contracted into the Hague Convention. Adoption made in a Hague Convention country would be recognised in the UK. British Citizenship is also granted to the child at the time the order is made provided that one of the applicants is a British Citizen and both are habitually resident in the UK
2. Designated. Designated countries are those whose adoption orders are recognised in UK law under the Adoption (Designation of Overseas Adoptions) Order 1973. This recognition does not extend to granting UK citizenship, or to dealing with matters of inheritance, and UK applicants will have to apply for UK nationality on the child’s behalf once they return to the UK.
3. Non Convention and Non Designated. Adoption made in Non Convention and Non Designated countries are not recognised under UK law, and children adopted in these countries have to be adopted again, through a UK Court, once they have lived in the UK for 6 months.
Adoption from India.
On a general note India will only consider your application if:
• The age difference between the adoptive parents and the child is not more than 45 years. This provision may be relaxed in exceptional cases such as older children and children with special needs.
• Single persons up to the age of 45 years can adopt
• The couple should have been married for at least five years to attest for the stability of the relationship except in the adoption of special cases.
• The couple should have a regular source of income, to ensure the future financial stability of the child.
Key Issues with adoption in India.
In the UK, there is a distinct lack of information and support for adoption from India.
Your first challenge is to contact your local authority in which you are resident and engage in producing a “Home Study Report”. The MyNotary leaflet will provide details of the paperwork that needs to accompany your Home Study Report for India. You will need to check with your chosen Indian Placement Agency (RIPA) whether they require any additional information.
Your local authority and the Department for Children, Schools and Families (DCSF) are there to help you produce the Home Study Report however; there is minimal knowledge and information with regards to Indian adoption.
Information in India itself around international adoption processes are also scarce, with only limited help available from the Recognised Indian Placement Agency (RIPA) and the Central Adoption Resources Agency (CARA).
Prospective adopters will therefore need to be prepared to undertake much of the work themselves. Furthermore, costs involved in inter-country adoption are very high and include:
• Home Study Report assessment
• Legal fees
• Translation fees
• Agency fees in the country of choice, which can include medical reports, visa and
passport fees for the child
• Travelling and or accommodation costs abroad
Once in India you have various stages to go through before you can bring your child home. These include:
• Obtaining a court order
• An adoption deed
• Dealing and liaising with the British High Commission
• Exit clearance etc
For more information admin@mynotary.co.uk we can arrange for you to talk to a specialist – fees apply.
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