WHAT IS FORM A59 USED FOR?

Form A59 is the form used to make an application to the family court for the adoption of a child where the child and the adoptive parents habitually live in different countries but both countries are a members of the 1993 (29-05-1993) Hague Convention on protection of children and co-operation in respect of intercountry adoption. This adoption is called a convention adoption.

Please note that to be habitually resident in a country means that yours and/or your partners/child’s life is based, you work and your children go to school in that country. You are settled and your main family life is in that country.

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

The applicant is the individual completing and submitting the application form for adoption. 

The respondent(s) is everybody that needs to be notified of the application. They are every individual with parental responsibility or any individual named in a child arrangements order. Occasionally the child can also be included as the respondent. The local authority will also be included in the respondent list. 

Prior to any adoption of a child from overseas you must complete form A61 which is the form used to apply for parental responsibility prior to adoption abroad.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A61

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  

For the eligibility of an individual or couple to adopt please read our help guide for domestic child adoption. Please click the link below.

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

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM A59?

The government has issued a guide called A59NOTES which will help you complete for A59. Please click the link below.

LINK TO GOVERNMENT WEBSITE FOR A59NOTES

Please read our webpages for domestic and intercountry child adoption for complete background information regarding adoption. Please click the links below

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

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

WHAT IS THE FEE TO SEND FORM A59 TO THE COURT AND HOW TO PAY FOR IT?

There is a fee to submit form A59 to the court. It is £183.00

Please click on the link below to government guide EX50 page 18 for adoption fees.

LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES

• Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
• If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form A59 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to forward to the court.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes) 

HOW TO COMPLETE FORM A59 AND WHERE TO SEND IT

Please make sure you have the following government guidance notes open in front of you when you complete this form. Please click the link below. 

LINK TO GOVERNMENT WEBSITE FOR GUIDE – APPLICATION FOR AN ADOPTION ORDER (A59) NOTES ON COMPLETING THE FORM.

• NOTE 1 – If you are completing and sending form A59 to the court then you are known as the petitioner or applicant. Everyone else who needs to be notified is known as the respondent. These are individuals with parental responsibility and anyone involved or affected by this application including the local authority. 
• NOTE 2 – You can complete form A59 online, then print a hard copy and sign and date it. Alternatively you can download it, print it and then complete it by black pen; 
• NOTE 3 – If you find there is not enough space to complete your answers on your form A59 then please use additional sheets of paper to continue and attach them to your form. Please write your name, address, and question number on the top of your additional sheets of paper. 
• NOTE 4 – Please send at least 3-4 copies of form A59, any evidence and any other forms to the court. The court will distribute the copies accordingly. One copy is required for the court, one for your local authority and one for each party in the proceedings and Cafcass.
• NOTE 5 – Please keep a copy of your form A59 and any attachments for yourself outside of the ones you send to the family court.
• NOTE 6 – Please note that if you need to send any birth certificate, marriage certificate, civil partnership or any other certificate with your form A59 it must be a certified copy. A photocopy will not be accepted. Please read page 1 of A59NOTES.
• NOTE 7 – If you need to send any court orders or any other orders with your form A59 it must be a stamped court order. Please read page 1 of A59NOTES.
• Form A59 is 10 pages long.
• In the middle of page 1 you are asked to write your name (and your partners name if they are also adopting the child) on the first two lines after I/We the undersigned. On the third line after wish to adopt please write the full name (first name first then the surname last) of the child you wish to adopt. The name of the child must be the same as it appears on:
  •  The birth certificate of the child (if issued by the UK)
  •  The entry in the adopted children register if the child has been adopted previously (if issued by the UK). 
  • A certified copy of the child’s birth certificate (if issued abroad) 
  • An abandonment certificate (if issued abroad)
  • A certified copy of the entry in the register of adoptions (if issued abroad) 
  • A certified copy of the adoption certificate (if issued abroad) 
  • Please attach a copy of any of the above that applies to your case.
• Part 1 on page 1 will ask you details about you (the first applicant) and the same details about your partner if they are also adopting (the second applicant). The details that are being asked are:
  • (a) Title. 
  • (b) First name and surname. If your name is not the same one as on your marriage certificate or birth certificate and you have changed your name by deed poll then please explain this on a separate piece of paper and attach a copy of the deed poll. 
  • (c) Address, 
  • (d) Contact telephone number, 
  • (e) Date of birth, 
  • (f) Nationality. 
  • You will next be given 2 statements and you have to tick the one that applies to you. Please note that habitually resident in the UK means that yours and/or your ex-partners life is based, you work and your children go to school in the UK. You are settled and your main family life is in the UK.
    •  Tick this statement if the UK is where the child is coming to and you (and your partner if they are also adopting the child) are habitually resident in the UK for a period of not less than one year ending with the date of this A59 application 
    • Tick this box if the child is from the UK and you (and your partner if they are also adopting the child) are habitually resident in another country (NOT THE UK) that is a member state of the Hague convention on protection of children in respect of intercountry adoption on the date of this application.
  • The form will now require you to either confirm or delete the next statement – If the child is from abroad and you (and your partner if they are also adopting the child) are not British citizens but the home office has confirmed that the child has permission to enter and live permanently in the UK. If this is the case then the home office letter must be attached as evidence. You can also attach the passport of the child.
  • (g) Occupation. When it comes to writing your occupation you must write the full title of your occupation such as self-employed plumber, retired school teacher, doctor or school headmaster. If you write ‘retired’ or ‘self-employed’ or ‘part-time owner’ by itself this will not be accepted. If you also write ‘worker’ or ‘employee’ this will not be accepted. A company name will also not be accepted. You must write your occupation. If you are a member of the HM forces you must give your rank and profession. If you are unemployed or unable to work because of a disability you must write your last profession. 
  • (h) Gender.
  • (i) Relationship to the child. If you do not have any relationship with the child you must write ‘none’.
  • (j) You will now be asked to give your solicitor details if yo have one. 
  • If you are adopting as a couple you will now be asked to go straight to part 2 on page 4. If you are adopting by yourself you must continue and complete the next few questions (k – p)
  • (k) If you are the partner of the child’s mother or father then please tick the box. If you have ticked a box then please continue to part 2 on page 4.
  • (l) If you are the partner (not spouse or civil partner) of a person who is not the child’s parent then tick this box. Then explain the the large box why you are adopting alone. Please continue on a separate sheet if you need more space. Please write down your details on the top of the sheet and attach it to your application form. If you tick this section you can go straight to part 2 on page 4.
  • (m) Here you will be asked to tick the box if you are not married or have a civil partner.
  • (n) Here you will be asked to tick the box if you are divorced or your civil partnership has been dissolved.
  • (o) You will be asked to tick the the box if you are a widow, widower or a surviving civil partner. 
  • (p) Here you can tick the relevant box if you are married but your spouse/civil partner cannot be found, you have separated from your spouse/civil partner and are living separately and the situation is permanent, or your spouse/civil partner cannot make an application due to ill health.
• Part 2 on page 4 will ask about the child who you want to adopt
  • Question a will ask if the boy is a girl or a boy 
  • Question b will ask for the date of birth of the child. You will be required to attach a certified copy of the birth certificate. If you do not know the date of birth then you must give an estimated date of birth and place and country of birth. If the child has been previously adopted you will need to attach a certified copy of the entry in the adopted children’s register.
  • Question c will ask about the child’s nationality. 
  • Question d will ask you to confirm that the child has never been married or has a civil partner.
  • Question e will ask since when has the child lived continuously with you.
  • You will next be given 2 statements and you must tick the statement that applies to your case. Please note that habitually resident means that yours and/or your ex-partners life is based, you work and your children go to school in that country. You are settled and your main family life is in that country.
    • Please tick this box if the child is from abroad and on the date the article (17c) agreement the child was habitually resident in a member state to the convention (NOT IN THE UK)
    • Please tick this box if the child is from the UK and the child was habitually resident in the UK on the date article (17c) agreement was made. 
  • Question f will ask if the child was placed with you by an adoption agency. If you tick the ‘yes’ box you will need to complete question g and h, ignore question i and go straight to question j. If you tick the ‘no’ box then ignore questions g and h and complete question i. 
  • Question g will ask the date the child was placed with you and the details of the adoption agency. 
  • Question h will ask whether another agency has been involved in placing the child with you. If so you will need to write the details in the boxes provided.
  • Question i will ask if you have notified your local authority about your intention to apply for an adoption. You will be required to provide their details. If you live in the UK and are adopting a child from abroad you must notify your local authority within 14 days of the child entering the UK. 
  • Question j will ask if a local authority has parental responsibility for the child. If they do, you will be asked to give details in the boxes provided.
  • Question k will ask you about any maintenance order/agreement that has been agreed with the child support agency. If it has, you will be required to give details in the boxes provided. You must also attach a copy of the order or any paperwork if you have them.
  • Question l will ask you to give details of any other orders or proceedings (past and present) in the UK and abroad that affect the child. If there are, you will be asked to write the details in the boxes provided. You must also attach a copy of the order.
  • Question m will ask you about any court cases in the UK or abroad you know about that concern a child (sibling or step sibling) related to the child you are adopting. If there are, you must provide the details in the boxes provided. You must also attach a copy of the order if you have one.
•  Part 3 on page 7 will ask about the child’s parents or guardian. If the child has been previously adopted then you must write these adoptive parents details down.
  • Question a will ask for the mothers first and last name.
  • Question b will ask for the mothers address. If she has passed away then you must write ‘deceased’.
  • Question c will ask you for the mothers nationality
  • Question d will ask about the second parent/the father or other parent. You will then be asked for their first and last name.
  • Question e will ask for their address. If they have passed away you must write deceased in the box.
  • Question f will ask for their nationality.
  • Question g will ask if they have parental responsibility for the child. You must tick the ‘yes’ or ‘no’ box. If you have answered ‘no’ you will be asked if they intend to apply for a parental responsibility order or a child arrangements order. 
  • Question h will ask for the first and last name of the child’s guardian if there is one. If not please write ‘not applicable’
  • Question i will ask for the guardians address.
  • You will next be asked whether the child’s parent or guardian have consented to a convention adoption order being made. This must be obtained prior to the child entering the UK.
• Part 4 of page 8 will ask you to write the full name of the child in the boxes provided how you would like it written on the court order. This is the name that will be entered into the adopted children’s register. 
• You will also be asked if you have received or given payment or any reward for this adoption. You will also be asked whether only the organisation or person named in part 2 of this form have taken part in this adoption and no one else. 
• Part 5 on page 8 will ask you (the first applicant) and the second applicant to sign and date a statement of truth.
  • You will next be asked if you or your partner need any special arrangements because of a disability.
  • You will then be asked if you or your partner need an interpreter and if so for which language. 
  • You will next be asked if there are any dates you cannot attend court. Also if you have any preferred dates. 
• Page 10 details a full list of every attachment you may need to send along with your completed form A59. Please go through the list and make sure you attach the ones that are applicable to your case. 
• You must send 3 copies of your form and all attachments to your local family court. The court will keep one copy, send you a stamped copy and send the other one to any other individual who needs to be informed of the adoption such as the local authority.. If there are more individuals involved in the case you must send more copies so the court can send them one. 

LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL FAMILY COURT 

WHERE CAN YOU FIND FORM A59/DOWNLOAD THIS FORM?

Please click on the link below to access form A59 from the government website. 

LINK TO GOVERNMENT WEBSITE FOR FORM A59

WHEN WAS FORM A59 FIRST PUBLISHED AND LAST UPDATED?

Form A59 was first published by the government (HM Courts & Tribunals Service) on 01-11-2016