Overseas Adoption

A Hague Convention Country

If the country has signed up to the 1993 Hague Convention on inter-country adoption, then an adoption order from that country will be recognised in the UK. If you are British, your child will obtain British nationality upon the grant of an adoption order in one of these countries. However, it is important to note that this will only apply if the adoption was an inter-country one, i.e., organised with the assistance of the UK authorities. Merely adopting a child in a Hague country will not automatically make the adoption one recognised under the Convention.

A country on the 'Recognised' Or 'Designated' lists

If the country is on one of these lists, then you can obtain an adoption order in that country and would not be required to re-apply for an adoption order in the UK. However, your child would not automatically obtain British citizenship. It is important to note that the child would not automatically be eligible for a visa and the exact circumstances of the adoption will affect the type of visa and its prospects of success.

Neither Hague Convention nor on The Recognised List

If you adopt from a country which does not fall into either of the above categories, then you might need to apply for adoption in both the child's native country and in the UK.

Who can apply for inter-country adoption from the UK?

• You are over 21 (there is no upper age limit)
• You have not been convicted of any 'specified offences' (certain offences against children and sexual offences)
• You're habitually resident or domiciled in the UK (although in some inter-country adoption cases you must have been resident in the UK for at least one year).

Your suitability also needs to be approved by an adoption agency authorised to deal with intercountry adoption. This means that many other issues will be considered before you can adopt, including your health, age, support network, financial circumstances, any other children in your family, your religion and ethnic background. A fee may be charged by the Department for Education for processing the application, this is means tested according to salary, with no fee for prospective adoptive parents with salaries of £25,000 or less.

You will also need to adhere to the adoption eligibility requirements of your destination country. As there is no global consensus about same-sex parenting, it is in practice difficult for UK same-sex couples to adopt from overseas. You would also need to explore the eligibility requirements of your destination country very carefully if you are transgender.

What does the inter-country adoption process involve?

As with UK adoption, the first step is for you to contact an adoption agency; this agency must have the authority to deal with such matters. The agency will provide you with information and might ask you to attend an information session. If you decide that you are happy to work with them, you can formally apply to be assessed. They usually charge a fee for assessing you in intercountry adoption cases.

There are a variety of factors that will affect the route the parents take to bring their child home. These include the child's birth country, the location and role of the birth parents; the involvement of adoption agencies in the UK; how long the family can stay outside the country; and the domicile and financial status of adoptive parent(s).

If your child is not eligible for a British passport, then you will need to apply for a visa to bring them back to the UK. There are several visa options available, and this is wholly dependent on how they were adopted.

International adoption is an extremely complex area in which prospective parents run the risk of committing a criminal offence under UK law if they attempt to bring children back to the UK without taking certain steps in advance. It is a process that involves heavy scrutiny from both the authorities of the child's native country and the authorities in the United Kingdom. This is to ensure that those adopting can provide for the child.

Why choose Westridge Legal?

The process of international adoption can be emotionally challenging. It is important to remember that some children may need additional support and that others may have a learning or physical disability that an adoptive parent needs to be able to understand and support.

Our team of family and Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you. We'll ensure the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.