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Advice

International adoption: adopting a child from overseas in England or Wales

A must read for those living in England and Wales who are considering adopting a child from abroad.

Who can be adopted?

To be adopted, a child must be under the age of 18 when the adoption application is made and have never been married or in a civil partnership.

There is different child adoption guidance if you live in Scotland or in Northern Ireland. This guidance applies to England and Wales.

Who can adopt a child?

You are able to apply to adopt a child if you are aged 21 or over and are:

  • single
  • married
  • in a civil partnership
  • an unmarried couple (same sex and opposite sex)
  • the partner of the child’s parent.

Do I have to be a British citizen to adopt?

You do not have to be a British citizen to adopt a child, but:

  • you (or your partner) must have a fixed and permanent home in the UK
  • you (and your partner) must have lived in the UK for at least 1 year before you begin the application process.

Can I adopt a child who lives abroad?

You can adopt a child from overseas if:

  • they cannot be cared for in a safe environment in their own country
  • the adoption would be in their best interests
  • the adopter has been assessed as eligible and suitable to adopt from overseas by an adoption agency in the UK.

What countries are open for international adoption?

There are many countries that allow for international adoption. However, there are a number of countries that will not allow children of their country to be adopted outside of the country.

Furthermore, the UK have put a suspension on adoption from several countries due to fears of inappropriate practice, lack of consent from parents, falsifying documents, and other reasons.

How long does international adoption take?

International adoption is slightly more complicated than domestic adoption. Therefore, it can take longer than domestic adoption, which is normally around six months. It is advisable to seek advice at the outset to ensure that you are prepared for all issues, such as immigration and overseas assessments.

It depends on where you are adopting from as to the process. If is an inter-country adoption with a country signed up the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993, the usual steps, if you are assessed and approved as suitable to adopt a child by a UK adoption agency, are:

  • your application will be sent the relevant UK Central Authority to check eligibility and issue a Certificate of Eligibility to Adopt
  • this is sent, together with your adoption application, to the relevant overseas Central Authority
  • you may need to go through adoption court processes in both the overseas country and in England/Wales
  • you will need to arrange immigration clearance for the child to enter the UK
  • you can also apply to register an overseas adoption in the Adopted Child Register for England and Wales.

For further information on international adoption, contact our child law solicitors.

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