Intercountry Adoption: Bringing a Child Home From Abroad

Part of: How to Adopt a Child and Change a Life

Intercountry adoption, also called overseas adoption or international adoption, means adopting a child who lives in another country and bringing them to live with you in the UK. In England and Wales, a UK adoption agency must assess and approve you first. The government must also confirm you are eligible before the child comes here. Our international family law specialists assist and advise on the legal questions along the way.

This page covers the law in England and Wales. Kabir Family Law is not an adoption agency, so we cannot assess or approve you as an adopter. Our specialists assist and advise on the rules, the risks and your options before you commit to anything abroad.

Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law

What is intercountry adoption, and who can apply?

In legal terms, it covers a child whose home is outside the British Islands and an adopter whose settled home is here. The child may be adopted abroad and then come to the UK. Or the child may come here first, so that a court in England or Wales can make the adoption order. Either way, UK law can still apply to you while you live abroad for a time, if your settled home remains in the UK.

GOV.UK sets out the basic tests. You do not have to be a British citizen, but you usually must:

• be aged 21 or over (there is no upper age limit)
• have lived in the UK for at least a year, with a fixed and permanent home here
• hold a settled immigration status, such as British citizenship or indefinite leave to remain, so the child can live here for good

Single people, married couples, civil partners and unmarried couples can all apply. Our guide to adopting a child in England and Wales explains the wider process. Our page on adoption orders also covers what the final court order does.

Which intercountry adoption route applies to you?

The route depends on the child’s country. Some countries follow the 1993 Hague Convention on intercountry adoption, which has been in force for the UK since 1 June 2003 (HCCH status table). Others do not. A few sit on the UK’s restricted list.

Restrictions apply whether or not the country follows the Convention (Children and Adoption Act 2006, s.9). Because the list can change, check the current GOV.UK restricted list before you start.

How does the intercountry adoption process work?

Your agency will guide you through the detail. In outline, an adoption into England or Wales moves through these stages.

1. Check you are eligible. Your age, residence and immigration status all matter before an agency can start.
2. Apply to an adoption agency. Contact your local council or a voluntary agency that deals with overseas adoption. Expect preparation classes, home visits, checks and a panel.
3. Wait for the government certificate. After the agency approves you, it sends your application to the Department for Education or the relevant UK central authority. That authority then issues a Certificate of Eligibility and sends your papers to the other country.
4. Visit the child. After a match, you travel to meet the child in their own country. Then you confirm in writing that you want to go ahead.
5. Complete the court and visa steps. You may need court processes in the child’s country and in the UK. The child also needs entry clearance to come here.
6. Tell your council when you arrive. If a court here will make the adoption order, you usually must give your local council notice within 14 days of the child’s arrival (2005 Regulations, reg.4).

Each stage has its own paperwork, and the order matters. The law expects the agency assessment to come before the child travels, not after it.

What happens if a child comes to the UK without approval?

This is where good intentions can go badly wrong. Section 83 of the Adoption and Children Act 2002 applies when someone whose home is here brings a child from abroad to adopt. It also applies when they bring in a child they adopted abroad in the previous 12 months, or have someone else bring the child. Hague Convention adoptions fall outside section 83 and follow their own rules.

If you have not met the legal requirements before the child arrives, you commit an offence. The maximum sentence is 12 months in prison, a fine, or both. GOV.UK says plainly that this is a criminal offence, and that the requirements include assessment and approval by a registered adoption agency. Hague Convention cases carry their own offences too, for example if you fail to give the council notice after the child arrives (2005 Regulations, reg.59).

Before you plan an intercountry adoption, watch for these traps:

• Travel planned before approval. If the child arrives before you meet the requirements, the offence risk is yours.
• Assuming family ties change the rules. Being related to the child does not, on its own, take you outside section 83.
• Relying on a foreign court order. An adoption order from another country does not always count here.
• Skipping the restricted list. For six countries, nothing moves forward without an exception.
• Missing the 14-day notice. Late notice to the council can itself be an offence in some cases.

The risk is not only criminal. Without the right certificate, the child may not qualify for entry clearance, and British citizenship may not follow.

Intercountry adoption requirements: are you on track?

Use this quick check to see where you stand. It is not a full list, and it cannot tell you whether you qualify.

What does intercountry adoption cost?

For the applications it handles, the Department for Education charges a non-refundable fee of £2,500. That fee covers case management, but not legalisation, notarisation or translation of your documents. Your adoption agency may also charge its own fee.

On top of that, plan for costs in the child’s country and travel for your visit. The child’s entry clearance also carries a visa fee and the Immigration Health Charge. If you live in Wales, check which central authority handles your case, because fees and procedures can differ.

Does the UK recognise foreign adoptions?

Not always. It depends on where and how each adoption happened, and there are three main possibilities.

• A certified Hague Convention adoption. The law of England and Wales treats it as an adoption (Adoption and Children Act 2002, s.66).
• An adoption from a listed country. England and Wales automatically recognise adoptions made on or after 3 January 2014 in countries on the 2013 recognition list.
• Any other adoption abroad. It may not count here, so the family may need to apply to a court in England or Wales for an adoption order.

Citizenship follows its own rules (British Nationality Act 1981, s.1(5)). A child becomes British automatically if a UK court makes the adoption order and at least one adopter is British. The same applies to a certified Hague adoption, as long as an adopter is British and the adopters live in the UK. In other cases, the child can only apply to register as British, and that decision rests with the Home Secretary.

Frequently asked questions

Expert Tip

A common assumption is that a relative abroad can simply bring a child over, and the paperwork can follow later. It does not work that way. A UK adoption agency has to assess and approve you, and the government has to issue its certificate, before the child travels. If the order slips, the adoption can stall and you could face a criminal offence. Take advice and speak to an agency before you agree anything with family abroad.

Garry Steedman, Family Law Consultant (Divorce, Children & TOLATA)