Why adoption and immigration meet
When a person living in the UK adopts a child abroad, or adopts overseas while living abroad and then returns, two systems must both be satisfied. One decides whether the adoption is valid and recognised in the UK. The other decides whether the child may enter the UK and be given permission to stay. Getting the order wrong, or relying on an adoption that the UK does not recognise, can leave a child without status, and a family stranded.
The kinds of adoption
- Hague Convention adoptions. Adoptions between the UK and another country that is party to the Hague Adoption Convention follow a standard procedure with agreed safeguards. The adoption is generally recognised automatically in the UK.
- Adoptions from designated countries. Adoptions in countries on the Government’s designated list are recognised in the UK, subject to conditions.
- Other overseas adoptions. Adoptions in countries that are neither Convention nor designated countries are more difficult. The UK may not recognise them, and other routes, such as entry as a child of a parent settled in the UK or a human rights application, may be needed.
The lists of Hague Convention and designated countries are kept by the Government and change over time, so check the current lists before you commit. See the child visa for the family route.
What the Home Office looks for
Whatever the route, the Home Office wants to see that the adoption is genuine and in the child’s best interests, that it was not arranged to get around immigration control, that the legal transfer of parental responsibility is complete, and that the adopter can support and accommodate the child without public funds. The paperwork is extensive: the adoption order, home-study reports, approvals from the relevant authority in each country, the child’s birth certificate and evidence of the child’s background.
The order of steps
- Check whether the country is a Hague Convention or designated country.
- Obtain the approvals the process requires before the adoption takes place, where the Convention or the rules call for them.
- Complete the adoption, and obtain the adoption order or certificate.
- Apply for entry clearance for the child, with all the documents.
- After arrival, consider registration as a British citizen where the adopter is British, so that the child has the status they are entitled to. See registering a child as a British citizen.
If it is refused
A refusal of entry clearance for an adopted child will usually carry a right of appeal on human rights grounds. See immigration appeals.
How we help
We advise on the route before you start, check the paperwork, prepare the entry clearance application and, where the child arrives, the application for British citizenship. Adoption law itself, including court applications in the UK, is for a family solicitor, and we will say if you need one. Book a consultation below.
