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INTERCOUNTRY ADOPTION

UNITED KINGDOM AND GIBRALTAR (ENGLAND, WALES, SCOTLAND, NORTHERN IRELAND)


June 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to British orphans:

Fiscal Year           Number of Immigrant Visas Issued
FY 2005                                          4
FY 2004                                          0
FY 2003                                          5
FY 2002                                          5
FY 2001                                          6

ADOPTION AUTHORITY IN THE UNITED KINGDOM:    The Department for Education and Skills is responsible for children’s social services, including adoption policy. While the following address is the Central Authority for the Hague Convention on Intercountry Adoption, each adoption case will be handled by the relevant social services department in the area where the adoptive child is located. Anyone who wishes to contact the Department of Education & Skills’s Adoption Team should write to the following:  

Area 47
Looked After Children Division
CAXTON HOUSE
Tothill Street
London
SW1H 9NA
Or e-mail: info@dfes.gsi.gov.uk

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  Anyone over 21, whether married or single, can legally adopt a child.  The United Kingdom does not have a statutory upper age limit.  However, each local authority has the power to determine if a prospective adoptive parent is above its acceptable age limit on a case-by-case basis.  Married couples must adopt jointly unless one partner cannot be found, is incapable of making an application, or if a separation is likely to be permanent. Unmarried couples may not adopt jointly although one partner in that couple may adopt as a single parent.

RESIDENCY REQUIREMENTS:  Residency requirements are set by the local Social Services Department on a case-by-case basis.

TIME FRAME:  In view of the above, there is no standard time frame.

ADOPTION AGENCIES AND ATTORNEYS:   Within the UK all local councils have a statutory responsibility to provide an adoption service. In addition to the local council, there are a number of voluntary adoption agencies who also provide an adoption service.  For a listing of adoption agencies, see www.dfes.gov.uk/adoption. 

England:  The National Care Standards Commission is responsible for the inspection of local authority adoption services and the inspection and registration of voluntary adoption agencies in England. 

Wales:  The National Assembly for Wales is responsible for the inspection of local authority adoption services and the inspection and registration of voluntary adoption agencies in Wales. 

Scotland:  The Scottish Commission for the Regulation of Care (Care Commission) is responsible for the inspection of local authority adoption services and inspection and registration of voluntary adoption agencies in Scotland. 

Northern Ireland:   The Department of Health, Social Services and Public Safety is responsible for the inspection of local authority adoption services and inspection and registration of voluntary adoption agencies in Northern Ireland.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed. 

Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN THE UNITED KINGDOM:  There are no specific costs set by the British government.

ADOPTION PROCEDURES:  Please see the Department for Education and Skills website (http://www.dfes.gov.uk/adoption) for detailed information on preparing of an intercountry adoption from third countries.  The adoption of such children will be governed by the child’s country of origin.

DOCUMENTS REQUIRED FOR ADOPTION IN THE UNITED KINGDOM:  In general, adoptive parents must provide the following:

1.  A detailed home study completed by an approved adoption agency;
2.  Medical clearance;
3. Full police background check.

For more information, please see http://www.dfes.gov.uk/adoption.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html
 
BRITISH EMBASSY AND CONSULATES IN THE UNITED STATES:

The British Embassy
3100 Massachusetts Avenue, NW
Washington, DC 20008
Ph: (202) 588-7800           
http://www.britainusa.com/

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov .

U.S. EMBASSY IN THE UNITED KINGDOM:  Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section of the U.S. Embassy in London is located at:

American Citizen Services
U.S. Embassy
55/56 Upper Brook Street
London W1A 2LQ
Phone: 020-7499-9000
Fax: 020-7495-5012

The United States also has Consulates General in Belfast (Northern Ireland) and Edinburgh (Scotland).  These are located at:

U.S. Consulate General, Belfast, Northern Ireland
Danesfort House
223 Stranmillis Road
Belfast BT9 5GR
Tel: [44] (0)28 9038 6100
Fax: [44] (0)28 9068 1301

Consulate General, Edinburgh, Scotland
3 Regent Terrace
Edinburgh
Scotland, EH7 5BW
Tel: [44] (0)131 556-8315
Fax: [44] (0)131 557-6023


APPLYING FOR A VISA AT THE U.S. EMBASSY IN LONDON:  The U.S. Consulates General in Belfast and Edinburgh do not provide immigrant visa services.  U.S. citizens residing anywhere in the United Kingdom who have adopted children from Britain or third countries and who have not obtained a U.S. immigrant visa for their child in his or her country of origin should contact the U.S. Embassy in London for information on how to apply for an immigrant visa on their child's behalf.

NOTE:   Visa issuance after the final interview now generally takes 24 hours, and it will not be possible to provide the visa to adoptive parents on the day of the interview.

ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review.  Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.

ADDITIONAL INFORMATION: Specific questions about adoption in the United Kingdom may be addressed to the U.S. Embassy in the London. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
• Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/. 

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