21 October to 27 October 2024 marks National Adoption Week in the UK, the aim of which is to recognise and highlight the importance of adoption and, also, to encourage more people to consider adoption as a way to build their family.
So for individuals actively considering international adoption or who wish to bring non-British children to the UK to be adopted under UK law, what do you need to do to facilitate your child’s entry to the UK?
The relevant steps will vary depending on the method of adoption. The UK immigration rules on international adoption were changed earlier this year and, while challenges remain, the process should hopefully be clearer for adoptive parents looking to bring their children to the UK.
While UK immigration law intersects with family law, it is very important to take separate and timely family law advice in the part of the UK you intend to live. If you are remaining outside the UK, this is still important so you understand if and how your parental relationship is recognised in the UK.
There are four routes adoptive or prospective adoptive parents will likely be looking at:
- Hague Convention
Under The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption 1993 (the Hague Convention), a framework for intercountry adoptions was established in order to protect the best interests of children and implement systems which safeguard against their abduction and trafficking.
The UK is a party to the Hague Convention and so where adoptive parents are seeking to adopt a child from another contracting country, they can do so under the terms of the convention.
- Recognised Overseas Adoptions
Under this route, adoptive parents who have adopted their child overseas in a country that is recognised under UK law, can apply for entry clearance for their child to come to the UK. The list of recognised overseas adoptions is contained within The Adoption (Recognition of Overseas Adoptions) Order 2013.
The child will be granted settlement (i.e. indefinite leave to remain in the UK) straightaway if their adoptive parent(s) are either British citizens or themselves hold indefinite leave to remain. In cases where this does not apply and the adoptive parent(s) are not British nor settled in the UK, the child will be given a visa that expires on the same date as the permission that has been granted to their adoptive parent(s).
- De Facto Adoption
Under the Immigration Rules, the de facto adoption route recognises the fact that, sometimes, children become fully integrated into a family over a long period of time and, either, there has been no formal legal process to officially recognise the arrangement or the UK does not recognise the adoption process that took place.
In cases where at least one of the adoptive parents is British or settled in the UK and can show:
- They have lived abroad for at least 18 months;
- During this time, they have assumed parental responsibility for the child; and
- They have lived and cared for the child for at least 12 months before the date of application;
The adoptive parent(s) can apply to bring the child to the UK.
Most commonly, de facto adoptions are likely to be suitable in cases where a British citizen adopted a child whilst they were living overseas for a period of time, but the country’s adoption orders are not recognised by the UK.
- Coming to the UK for adoption
This route allows a child who has been adopted from a country whose adoption orders are not recognised in the UK, to be granted entry clearance to the UK so that they can be adopted under UK law. In these cases, the adopters will need to have obtained a Certificate of Eligibility from the UK authorities.
British citizenship for adopted children
British citizenship for the adopted child of British or settled parents is not always automatic so, where an adoption order has not had the effect of conveying British citizenship, it is always possible to look at whether a child is eligible to be registered as a British citizen. The Secretary of State has a very broad discretion to register a child as British if she thinks fit to do so. Each case needs to be considered separately to assess the prospects of an application for registration as a British citizen.
General requirements for all adoption applications
For all applications concerning an adopted child, regardless of the specific route being used, one of the caseworker’s main priorities will be ensuring that the adoption is not one of convenience which has been facilitated simply to enable the child to come to the UK.
In the line with the Government’s commitments to child welfare and safety, it must be clear to the caseworker that there has been a genuine transfer of parental responsibility and, where applicable, the child’s ties to their birth family have, in effect, been broken. Whilst not impossible, this requirement does often pose a challenge for children being adopted by extended family members. In these cases, it would be a matter of demonstrating that the adoptive parent(s) have assumed parental responsibility for the child to the exclusion of the birth parents.
There are also a number of other requirements that apply to an application for an adopted child, including demonstrating that the child is under 18 and is dependent on their parent(s), and also showing that the adoptive parent(s) have sufficient funds to maintain and accommodate the child in the UK.
This is just an indication of some of the things UK based parent(s) should be mindful of when considering adding to their family by way of adoption from overseas. Although the requirements are now clearer than they once were, as may be evident by the brief summary above, each route is distinct and has its own specific requirements. Our specialist immigration team at Kingsley Napley has experience in navigating the complexities of family migration and can assist you in determining the best route for your child to come home to the UK.
further information
If you have any questions, please contact Bukunmi Osuntoki in our Immigration team.
about the author
Bukunmi is experienced in assisting a wide range of clients with their UK immigration matters, in particular private individuals, who wish to work, study, visit or relocate to the UK. She advises on a broad range of UK immigration matters.
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