Specialist services

Adoption

Notary Co UK is a specialist provider of international adoption services. We offer both a full notarisation service and practical advice and guidance on the whole adoption process from start to finish. Our in-house lawyer’s personal experience in this area has shown that the adoption process is both amazing and challenging; a real rollercoaster ride of pleasure and pain!

We are in the process of preparing an information leaflet – please register your interest by emailing us at adoption@notary.co.uk. Please include your full name, address and telephone numbers and we will send the leaflet to you as soon as it is ready.

So whether you are just thinking of adopting or are at an advanced stage in the process – we can help.

Lawyer, Mrs Pratibha Patel, is happy to provide limited telephone help FREE OF CHARGE. This is strictly by prior arrangement only. To take advantage of this service please email as above stating when would be a convenient to talk on the phone.

Face-to-face consultations are available at our Grosvenor Gardens office; again strictly by appointment only. We offer a fixed-fee interview for £90 plus VAT.

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.

UK international adoption process

In the UK local authorities are required by law to provide inter-country adoption services to those who wish to adopt. Services include offering counselling, preparing a Home Study Report and assessing clients before specific children are identified for placement.


Steps for Adoption

1. Apply for adoption in writing to the local authority

2. Attend a preparation course which will raise awareness about adoption and provide a networking opportunity.

3. Prepare Home Study Report. A 'Home Study Report' is a detailed written report which explores your reasons for adopting. This can take three to six months to finish, sometimes longer. The process involves a series of visits and interviews (jointly, individually and with your referees) so that the social worker gets to know you. Note: the Home Study Report is mandatory for any type of adoption.

4. Attend panel interview session. Your Home Study Report will be assessed by the Adoption Panel who will then make a recommendation to the Director of Social Services on whether to approve or reject your application.

5. Obtain Certificate of Eligibility and Suitability. This will only be issued by the Department of Children, Schools and Families (DCSF) if your application is approved. If your application is rejected you will have 28 days to appeal.

6. DCSF dispatch adoption papers to your chosen orphanage in the country of adoption.

7. When you are matched with a child, their details will be sent to the DCSF who will in turn send them to your local authority.

8. Your social worker will contact you to discuss the information with you. If you would like to proceed you should make arrangements to visit the child in their country. After meeting the child you will need to notify your local authority that you wish to proceed with the adoption.

9. Your child’s country of origin together with the DCSF will coordinate the adoption process.

10. Obtain entry clearance for your child.

11. Some countries require post adoption reports to be sent to them at regular intervals.

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”. Appendix 1 provides 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 • traveling 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

We at Notary Co UK can assist in providing notarised documents and guide you through what is required both here and in India, so that you are well prepared for the challenges ahead. Contact us for more information; email adoption