AFAA - The Association for Families who have Adopted from Abroad

ADOPTION COMMENTARY


A C Menu * Please allow me to.. * State of the Art * Notoriety? *



"Please allow me to introduce myself..."

The AFAA committee in its wisdom has agreed that I should provide a focus for pre-adoption issues likely to interest our Affiliate members and those currently undertaking adoptions. There should be plenty to write about, given current developments in the UK inter-country adoption scene. To reflect these adequately, it will of course be helpful to have some feedback from readers about the things that are concerning or exasperating you. So please drop me a line if there is a general issue you would like to air.

Being forewarned about potential pitfalls can be a great defence. If you know in advance that foreign 'legal problems' which suddenly reqire an extra $1,000 have a habit of occurring just when you think you're on the home straight, then it may not be quite so devastating - even if you still have to pay the money.

I have found that one of the best supports in the often uncharted waters of inter-country adoption is to discover someone else in a similar position, to compare notes and exchange useful information - or horror stories. After over a year of frustrating, glacial progress in a South American court, it was both comforting and useful to encounter comrades in adversity with parallel problems. It also multiplied the joy when happy endings were eventually reached.

* Please allow me to.. * State of the Art * Notoriety? *

State of the Art

This is an interesting time to be trying to do an intercountry adoption. A few years ago, things were different, and perhaps they will have improved a few years hence. The current position could be better. Getting a home study prepared by a recognised agency can involve major delays and massive costs. Independent home studies are declared "illegal" by the Department of Health, while it struggles to act as a clearing, holding and forwarding centre for potential adopters' precious documents as they bounce between notaries, translators, the Foreign & Commonwealth Office, diplomatic missions in London and their final destinations overseas.

A few years ago, there were clearly two routes to intercountry adoption: through the official system, and round the official system by the independent route. Some local authorities refused to do anything for intending inter-country adopters, leaving them no alternative except the independent route.

The independent route had its advantages: avoiding a local authority home study was usually quicker and cheaper. Detractors of this route tend to claim that it encouraged a flouting of UK immigation law. Arriving at Heathrow with a foreign, adopted baby and no prior entry clearance was supposedly against the rules - but seemed to work every time! (Apparently it still does, as is shown by adopters who find that children's needs in the real world can't always wait for the delays of paper-shuffling in London.) In practice, prior entry clearance could be obtained and the niceties of immigation law satisfied, if the quality of home study, source country documentation and British consular cooperation was sufficient. I know; I was fortunate.

The present official route to intercountry adoption could be reformed. For anyone who believes that competition and diversity tend to improve quality, foster innovation and reduce costs, it is hard to imagine much progress being made if there is no choice about who potential adopters can deal with in the UK. An obvious change seems to be to open up the market for home studies and their quality assurance.

It also seems optimistic and unfair to expect staff at the Department of Health, however well intentioned, to be able to provide the complex and detailed oversight of adopters' precious documents which is necessary for the range of requirements which exists in different jurisdictions. Since there is not even a common format for combining a home study with its translation, the notarisation and legalisation, this means that errors, delays and extra costs for adopters seem inevitable. At least with the independent route, document handling remains the responsibility of those with the greatest motivation to get the details right and the most to lose if they are wrong, i.e. the adopters themselves.

* Please allow me to.. * State of the Art * Notoriety? *

Notoriety?

After reading Chaucer's The Canterbury Tales at school (yes, quite a while ago), I didn't encounter the curious profession of notary again until doing an intercountry adoption. Most adopters discover these unsung but worthy folk relatively late in the day, when the need arises for verification of the signatures on your documents. Rumour has it that they are licenced by the Archbishop of Canterbury, and you certainly can't do without them. As with all professions, it's worth making the time to shop around. Spending thirty-odd pounds plus VAT on each of a dozen or so documents adds up to quite a lot when you weren't really expecting it. Our Yellow Pages shows that central London, where you expect to find most things, isn't exactly bulging with notaries. In fact you can normally get better deals outside London, and many notaries seem willing to operate by post and fax, rather than insisting on personal attendance.

Having said that, I recall an epic day when I urgently needed to get a letter from my doctor sent off to South America. From the doctor's surgery I taxied across to the Mayfair notary who obligingly did the notarisation by fax with my doctor in a few minutes - one occasion when I was happy to pay Mayfair prices. I then dashed over to the FCO's legalisation department to get the notarisation verified (duly parting with another fee), then up to the ever-cooperative consulate for their stamp (gratis in that case, but perhaps not in all countries) to confirm the FCO's veracity. After all those fees one is so punch-drunk about money that the courier fee (another thirty-odd pounds) barely makes an impact! The moral of the story is that market research may pay, but intercountry adoption is always likely to cost more than the figure you first thought of.

In closing, I would be interested to hear from any readers with recent experience of the adoption process (anonymity guaranteed). Best wishes for success.

Personal views by Andrew Gibbons.

Andrew Gibbons
chairman.afaa@pobox.com

Please note that views expressed in these articels are not necessarly those of the Editor or the Webmaster or of the AFAA Committee.


A C Menu * Please allow me to.. * State of the Art * Notoriety? *

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Last modified: 15 February, 2004