Education and Child Matters

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Intercountry Child Adoption

 

Please note the following 3 points before reading this webpage on intercountry child adoption.

NOTE 1 – This webpage is about international child adoption only. Domestic child adoption has been written about in detail elsewhere on this website. Please click on the link below to access it.

LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC CHILD ADOPTION

NOTE 2 – The following topics listed below are discussed in our Help Guide for domestic child adoption. We advise you to click on the link above and read these topics before you read this webpage about intercountry child adoption. You will then have a better understanding about adoption.

  1. What is the criteria for a child to be adopted?
  2. Who is able to adopt a child?
  3. If an individual does not meet the criteria for adopting a child can they still make an application to the family court for the adoption?
  4. Who has to consent to a child being adopted?
  5. If the adoption is between the child’s parents and the individuals adopting the child and does not involve the local authority or an adoption agency then does anyone need to inform the local authority?
  6. What if the child’s birth parents or the guardian does not consent to the adoption then what will happen?
  7. Does Cafcass get involved in the adoption process?
  8. What is an adoption certificate?
  9. What is the adoption support fund?
  10. Can a child have contact with their birth family once they are adopted?
  11. Can an adopted child get access to their birth certificate and adoption details?
  12. What is guardian ad litem?

NOTE 3 – Before you read this webpage please allow us to explain the meaning of a few words and terms we will use in the write up below.

  1. HABITUALLY RESIDENT – To be habitually resident means this is where the child’s life is based, they are settled there, they go to school or college there, and their main family life is there. 
  2. ADOPTERS – The term adopter(s) refer to the individuals who are adopting the child.
  3. INTERCOUNTRY ADOPTION – Intercountry adoptions occur when a child who is habitually resident in one country is adopted by adopter(s) who is/are habitually resident in another country. 
  4. MEMBER COUNTRIES – ‘Member countries’ are countries which have signed up to the international treaty called the 1993 (29-05-1993) Hague Convention on protection of children and co-operation in respect of intercountry adoption. This international treaty and agreement protects intercountry adoptions. Member countries follow its guidance and framework set for intercountry adoptions. 

WHAT IS INTERCOUNTRY CHILD ADOPTION?

Intercountry child adoption is the process of legally adopting a child from another country other than the one where you are habitually resident and bringing the child into that country to live with you as part of your family.

LINK TO GOVERNMENT WEBSITE CHILD ADOPTION: ADOPTING A CHILD FROM OVERSEAS

UNDER WHICH CIRCUMSTANCES WILL THE UK GOVERNMENT ALLOW AN ADOPTER(S) TO ADOPT A CHILD FROM ABROAD?

The UK government will allow an individual(s) to adopt a child from another country under the following conditions:

THE CHILD

  1. The adoption would be in the best interest of the child.
  2. The child can’t be looked after safely in their own country.

THE ADOPTER(S)

  1. You and your partner (if they are also adopting the child) must be a minimum of 21 years of age
  2. A UK based adoption agency must assess you both and deem you suitable. This is a requirement of UK adoption regulations.
  3. You both have to be habitually resident in the UK
  4. You both have not been convicted or cautioned for any offences against children/minors.
  5. You both must be British Citizens, have permanent residence or indefinite leave to remain.

For all other criteria for adoption please click on the link below.

LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC CHILD ADOPTION.

WHAT IS THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION?

The 1993 (29-05-1993) Hague Convention on protection of children and co-operation in respect of intercountry adoption is an international treaty and agreement that protects intercountry adoptions. 

The aim of this treaty is:

  1. To stop the trafficking and exploitation of children. 
  2. To stop illegal and premature intercountry adoptions.
  3. To ensure all adoptions are in the best interest of the child
  4. To set international standards of practices for intercountry adoptions. 

This Hague Convention lays out a framework which enables member countries to work together in unison to sort out intercountry adoption cases. To do this the country from where the child was adopted and the country where the child will be taken to must both be parties to the convention/must have ratified the convention. 

LINK TO THE HAGUE CONVENTION OF 29 MAY 1993 ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION

LINK TO GOVERNMENT WEBSITE FOR A21 LEAFLET – INTERCOUNTRY ADOPTION AND THE 1993 HAGUE CONVENTION – 8 PAGES

HAS THE ADOPTION FRAMEWORK FOR INTERCOUNTRY ADOPTION LAYED OUT IN THIS TREATY BEEN INCLUDED IN THE UK ADOPTION ACT 1999 AND THE SUBSEQUENT ADOPTION AND CHILDREN ACT 2002?

Yes it has. All adoption UK acts make sure that children adopted into and out of the UK are safeguarded and the adoption is done under the supervision of the proper authorities set up by the government. 

WHO DOES THIS TREATY APPLY TO?

All children aged from birth up to the age of 18 years.

HOW MANY COUNTRIES HAVE SIGNED UP TO THIS TREATY?

Over 91 countries have signed up for the convention and ratified the treaty. These countries are called the Hague Convention States. 

LINK TO HCCH WEBSITE – LIST OF COUNTRIES THAT HAVE SIGNED UP TO THE TREATY

WHAT ARE SOME OF THE IMPORTANT FEATURES OF THIS TREATY?

Some important features of the treaty are:

  1. Every member country must have a central main point of contact whom parents, organisations, adoption agencies, local authorities, and anyone else involved in intercountry adoption cases can contact. This central main point of contact is referred to as the central authority of that country.
  2. The UK central point of authority for intercountry adoption is the department of education if you live in England and the Welsh government if you live in Wales.
  3. The central authority/main point of contact of a country has the responsibility to do the following:
    • They must check all intercountry adoption applications and ensure they comply with all legislation. 
    • They must ensure the adopters have forwarded all documents and information necessary.
    • They will forward the intercountry adoption application and all other paperwork to the central authority of the country where the child is being adopted from. 
    • They will help process the intercountry adoption application once the central authority of the country where the child is from have agreed the application and matched a child with the adopters. 

WHICH COUNTRIES HAVE RESTRICTIONS IN PLACE TO STOP CHILDREN FROM THAT COUNTRY BEING ADOPTED?

You will need to check at the time you are adopting whether the UK has placed any restrictions on adopting children from a  specific country. At the same time foreign countries could have also placed restrictions on anyone from the UK adopting children from their country. 

As of 23-02-2023, The UK has restrictions on adopting children from the following countries – Ethiopia, Nepal, Nigeria, Cambodia. 

If you want to adopt a child from a restricted country you can make an exception request. 

LINK TO GOVERNMENT WEBSITE FOR INTERCOUNTRY ADOPTION – EXCEPTION REQUEST (9 PAGES)

WHAT ARE THE TWO TYPES OF INTERCOUNTRY ADOPTIONS IN THE UK?

There are 2 types of intercountry adoptions:

  1. An adoption where both countries are convention member states and the adoption is done under the terms of the convention.
  2. An adoption where the countries involved are NOT convention member states and the adoption is not done under the terms of the convention.

WHAT ARE THE STEPS INVOLVED IN ADOPTING A CHILD FROM ABROAD?

The steps involved in adopting a child from abroad are:

1) You (the adopters) must first contact a UK based adoption agency.

You can contact a UK based adoption agency through your local council.

LINK TO GOVERNMENT WEBSITE FOR APPLY TO ADOPT A CHILD THROUGH YOUR COUNCIL.

You can also contact a voluntary adoption agency directly yourself.

LINK TO THE WEBSITE FOR THE CONSORTIUM OF VOLUNTARY ADOPTION AGENCIES 

2) You (the adopters) will be assessed whether you are suitable adopters.

The adoption agency will give you an intercountry adoption application form to fill out. They will then assess you and your partner (if they are also adopting the child) and carry out checks. After completing their assessment, if the adoption agency feels you are suitable to adopt from abroad, they will then send your intercountry adoption application to The Department of Education if you live in England and the Welsh Government if you live in Wales. The Department of Education and the Welsh Government are the central authorities of the UK for intercountry adoption. 

The Department of Education fee for this is £1975.00. This fee is non-refundable.

The Department of Education and the Welsh Government determine whether the application  complies with their eligibility criteria. If the application meets the eligibility criteria you will be issued with a certificate of ‘eligibility to adopt’.

The certificate of eligibility proves all the procedures have been followed

It can take up to 6 months for you to be approved as suitable adopters.

3) The adopters are matched with a child from abroad.

The central authorities in the UK will send your intercountry adoption application and your ‘eligibility to adopt’ certificate to the overseas central authority in the country you have been approved to adopt a child. 

The central authority in the country where you would like to adopt a child will process your application and try to match you with a child.

4) The adopters and the child meet.

Once you have been matched with a child you and your partner will have to travel abroad to meet the child. 

5) The adoption may take place in the courts abroad

Under article 23 of the treaty named above some adoptions will be completed in the courts in the country where the child is from. Other adoptions will need to be completed in the UK family court once the child is brought to the UK by the adopters. 

If an adoption takes place in a convention member state and the central authority of that country were involved then this adoption will be recognised in the UK. 

6) The adopters bring the child to the UK

If you are adopting a child from abroad where the adoption will take place in the UK courts then you must go to the country where the child lives and bring them to the UK yourself. If your partner is also adopting the child then they must also bring the child to the UK with you. You will have to sort out entry for the child into the UK.

The child cannot be brought to the UK by anyone else. 

After the child has arrived in the UK, within 14 days you must contact your local authority and inform them that you will be applying for an adoption court order.

7) The adopters either register the adoption in the UK or apply to the UK family court to adopt the child.

Before making an application to the family court to adopt an overseas child they must have lived with you for 10 weeks if the child is from a convention country.

If the child is from a non convention country then the child must have lived with you for 6 months. If the overseas procedures and formalities have not been followed correctly then the child must have lived with you for at least 12 months.  

WHAT APPLICATION MUST BE COMPLETED AND SENT TO THE FAMILY COURT IF YOU WANT TO ADOPT A CHILD FROM ABROAD?

Where an adoption is taking place where the child and the adoptive parents habitually live in different countries but both countries are part of the 1993 Hague Convention the form required to be submitted to the court is form A59.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A59

LINK TO OUR L.I.P HELP GUIDE FOR THE HAGUE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION INRESPECT OF INTERCOUNTRY ADOPTION  

Where an adoption is taking place where the child has been brought to the UK for adoption from a country that is not part of the 1993 Hague Convention the form required to be completed and submitted to the court is A60.

LINK TO OUR L.I.P HELP GUIDE FOR FOR A60  

CAN YOU REGISTER AN ADOPTION THAT TOOK PLACE OVERSEAS IN THE ADOPTED CHILD REGISTER IN ENGLAND AND WALES?  

Yes you can if you have all the documents, you were habitually resident in England and Wales when the adoption took place and if the adoption took place in a particular country recognised by the UK. The form you will need is called form ACR 52

LINK TO OUR L.I.P HELP GUIDE FOR FORM ACR 52