International adoption is a process whereby a family or individual adopt a known (typically a family member) or unknown child from overseas.
Given the cross-border element it is practically and legally a complex process, but with careful planning and specialist advice from the outset, it is a viable option to help families grow and prevent children from being placed outside the extended birth family. In this briefing, senior associate Jade Quirke illuminates the process, outlining common scenarios and other considerations, as well as how Russell-Cooke's family and children team can support.
Adopting a child from overseas: the scenarios
A Hauge Convention adoption
The Hague Convention on Protection of Children and Co-operation in respect of intercounty adoption 1993 (“the Convention”), is an international treaty designed to ensure the protection of children’s rights. When an adoption takes place under this framework, it is usually recognised by all countries that are signatories to the Convention meaning that the adoption is legally valid and recognised internationally and prospective adopters do not have to make two adoption applications in both countries.
To secure a Hauge Convention Order, prospective adopters are required to follow Convention processes and procedures. In summary, this will include the prospective adopters and child undergoing extensive assessments and checks, legal processes in both the child’s home country and the adoptive parent/s country with oversight from central authorities and consents from the biological parents (where relevant).
There are several benefits of a Hauge Convention process including protection for children, legal clarity and cross border transparency. A Convention order also typically confers British nationality on the child.
A designated list or overseas adoption
If you adopt a child in another country which is not a signatory to the Hague Convention or you do not follow the relevant Convention processes, your overseas adoption order may still be recognised under English Law. The Adoption (Recognition of Overseas Adoptions) Order 2013 (note there is a slightly different list of countries if the adoption order was made before 3 January 2014), lists the various countries from which the UK automatically recognises overseas adoption orders.
If the overseas adoption order is recognised, the child will not automatically acquire British citizenship; specialist immigration advice will need to be sought in conjunction with family law advice since there are criminal offences relating to bringing the children into the UK following an overseas adoption within a certain timeframe.
Other types of adoptions
If your adoption does not fall into either of the above categories, you may need to secure an adoption order in both the child’s home country and the UK. Given the different nuances within these scenarios, it is advisable to seek specialist immigration and family law advice at the outset particularly as there are further criminal offences relating to bringing children into the UK for the purpose of adoption.
Key points to consider
UK legal requirements
To be eligible to adopt a child from overseas, UK law requires the adopter/s to meet the following initial requirements:
- They are over the age of 21 (there is no upper limit)
- They must be habitually resident (have lived in the UK for at least one year) or domiciled in the UK (note - if you are not British this does not preclude you from adopting a child from overseas)
- They must not have been found of guilty of any prescribed offences such as sexual offences or those against children.
Other countries have their own adoption criteria. In addition to the criteria, the Court will require an in-depth assessment on anyone adopting a child.
Restricted countries
The UK government has restricted adoptions from several countries which they update from time to time. Current countries include Cambodia, Nigeria, Guatemala, Nepal, Haiti, Ethiopia and Nigeria . If you wish to adopt a child form one of these countries it is important you do not proceed with any adoption plans until you have made a special exemption application to the Department of Education who are the UK’s adoption Central Authority.
Assessment costs
Charges for local authority or adoption agency assessments vary and there are also other costs associated with the adoption process that need to be factored into planning and budgeting.
Do I need an adoption lawyer?
If you are considering international adoption, working with a specialist in this area can ensure that the process runs smoothly and in compliance with domestic and international law. Our team have a wealth of experience in international adoption cases and have been involved in cases involving many countries such as the USA, Nigeria, Cyprus, Morocco, Botswana, Pakistan, Guatemala. Members of our team have many years of experience of adoption and some are Resolution accredited specialists and have close link with several adoption charities. We also have an immigration team at Russell-Cooke who have experience in adoption work.
We are always happy to help with queries no matter what stage of the adoption process you are at, and will support you with what can often seem an overwhelming process.
Jade Quirke is a senior associate in the family and children team specialising in international and domestic children law, adoption, surrogacy and fertility law.
Get in touch
If you would like to speak with a member of the team you can contact our family and children solicitors by email, by telephone on +44 (0)20 3826 7520 or complete our enquiry form.
