Family Law - Adoption

Inter-Country Adoptions

This means an adoption where the applicants do not have the same nationality as the child or live in a different country from the child. A child who is adopted outside the UK will not automatically become a British citizen, even if his / her adoptive parents are British.

They will need to apply for citizenship.

However, a child adopted in the UK will become a British citizen if either adoptive parent is a British citizen at the time the adoption order is made.

English courts recognise adoption orders made in Scotland, Northern Ireland, Isle of Man and Channel Islands.

Inter country adoptions can be arranged by government agencies, special overseas agencies or privately and will usually involve the local authority for the area in which the applicants live who will have to prepare a "home study report" about the arrangements that will be made for the child. It will also be necessary to obtain official permission for the child to enter the UK.

If no local authority is involved then a private social worker might be used to prepare a home study report.

When bringing a child into the country it is necessary to show the child is under 18, unmarried, will be looked after and paid for by the applicants, was adopted legally in the child's country and the adoption took place because the birth parents could not care for the child and was not arranged to get the child into the UK.
The child also has to hold a valid UK entry clearance.

If the foreign adoption order is recognised by the UK courts then it is not necessary to apply for an adoption order in the UK. (Most Western European Countries, USA and Commonwealth countries.)

If the foreign adoption order is not recognised it is necessary to make a fresh application. A Guardian ad Litem will be appointed when an application is made who will prepare a report which will involve consideration of foreign documents, making enquiries of the foreign adoption agency and interviewing the birth parents abroad.

It is an offence to send a child who is a British subject abroad for the purposes of adoption unless the adoption is legitimate and the adopters are not living in the UK and intend to obtain a proper adoption order abroad.