Legislation for inter-country adoption in United Kingdom

I. INTERNATIONAL ADOPTION PROCESS IN THE UNITED KINGDOM

REQUIREMENTS TO THE PROSPECTIVE ADOPTIVE PARENTS 

Person or persons over 21 years old can adopt if they are with habitually residence in The United Kingdom not less than 1 year before submission of the application.

Child from a foreign country can be adopted if:

• In their own country the child can’t be provided with good care
• The adoption is in the best interest of the child
• The adoptive parents are assessed as suitable to adopt a child from a foreign country

If UK citizens are willing to adopt a child from a foreign country, they must connect to:

• The Local Authority
• Voluntary adoption agency which will mediate in the process of inter-country adoption

The adoption process from a foreign country is similar to adoption in UK and it is accomplished by adoptive agency.

II. INTERNATIONAL ACTS AND REGULATION OF UK

INTERNATIONAL ACTS

The international acts that are regulating international adoptions in which UK is a country are:

• Convention of children protection and cooperating in the field of international adoption of 29 May, 1993

UK signed Hague Convention on 12 January, 1994, ratifies it on 27 February, 2003, Hague Convention entered into force on 6 June, 2015.

• Convention on the rights of the child on 20 November,1989

REGULATION OF UK

Two main acts regulate international adoption- Adoption and Children Act 2002 and The Adoption with a Foreign Element Regulations 2005.

Adoption and Children Act 2002 has amendment from 2005, but with the acceptance it regulated the adoption in accordance with The Hague Convention. Chapter 6, statute 83-91 from the act regulates the adoptions with a foreign element. It determined feasibility of the law to all persons with habitually residence in The UK, including Scotland and Northern Ireland, determines entering of a child in England outside application of law as a crime and indicates, what is the liability and the amount of penalty. Person that committed a crime in this section is punished by imprisonment for a term no longer than six months, or fine not greater than the maximum by the law, or both, and also punishment by imprisonment for term no longer than twelve months, or fine, or both. It is regulated a procedure of canceling from the Supreme Court of adoption by The Hague Convention, made in contrary with public order.

In other acting at the moment acts is regulated the rights and the  liabilities of the intermediary agencies and the social services, the rules and the standards in receiving a certificate of suitability to adopt, procedure of registration in adoption registry and etc.

In Scotland, Northern Ireland and Wales respectively there are acts and regulations in action, allowed in accordance with The Adoption and Children Act 2002.

Legislation entered into force on 30 December, 2005

• The Adoption and Children Act 2002 with addendum on 2005
• The Adoption with a Foreign Element Regulations 2005
• The Adoption agencies Regulation 2005
• The Restriction of Preparation of Adoption Reports to Adoptive Parents Regulation 2005
• The suitability of Adoptive Parents Regulation 2005
• The Registration of Adopted Children and Contracts for Adoption Regulation 2005
• The Adoption and Children Regulation 2005
• The Regulation on Information and Mediation Services for Adoption 2005
• The Services in Support in Adoption 2005
• Rules on Procedure for Families 2005

The documents necessary for the registration at The Ministry of Justice of prospective adoptive parents with habitually residence in foreign country, willing to adopt a child with habitually residence in the Republic of Bulgaria.

Table for the costs and the fees related to the inter-country adoption according to the sample from Hague Conference on Private International Law