If you are considering an International Adoption then it is well worth obtaining Legal Advice. International Adoption is a highly specialised area of law which also requires expertise in immigration.
We are able to provide a comprehensive service which will prepare you for every part of the adoption process. We provide free initial telephone consultations for all our clients.
Call our specialist International Adoption Solicitors now on 0844 800 9860 or contact us online for advice.
The International Adoption Process
An adult intending to bring a child into the UK for the purposes of adoption must first be assessed by an adoption agency, usually a Local Authority or approved adoption agency as a suitable person to adopt. That will include obtaining a home study for approval by that adoption agency. They must then receive a certificate confirming this. The potential adopter(s) must also obtain an entry certificate from the Border Agency approving entry clearance for the child to enter and remain, so that the child is then authorised to enter to reside permanently in the UK.
Prior to bringing the child to the UK, the potential adopter(s) must visit the child in the state of origin and then provide the home state with the appropriate information that they have been approved and assessed as eligible to be adoptive parents. On their return they must confirm in writing to the Adoption Agency that they have seen the child and wish to proceed with the adoption.
The prospective adopter must accompany the child coming into the UK and give notice to their relevant Local Authority of their intention to bring in a child for adoption and apply for an adoption order.
There are then duties imposed on the Local Authority to assess the position and the suitability of the arrangements for the care of the child. If a person brings in a child to the UK in breach of the relevant regulations then that child may be removed from their care.
In any event the prospective adopter must make an application to adopt the child within two years of giving the notice of intent to adopt. It is a criminal offence punishable by imprisonment and or a fine for a person living in the UK to bring in a child for the purposes of adoption unless the regulations have been complied with.
An overseas adoption taking place abroad in certain approved countries will be recognised if this has been done in accordance with the law in that country. A child who has been genuinely adopted abroad has a right of entry into the UK if one of the adoptive parents has such a right. The Immigration Authorities will need to be satisfied that:-
- The child’s adoption has been due to the inability of the original parents or current carers to care for the child and
- There has been a genuine transfer of parental responsibility.
Removal of a Child from the UK
There is a blanket ban upon the removal of any child out of the United Kingdom for the purpose of adoption unless prospective adopters have applied under the Adoption & Children Act 2002 to the Court.
The rules modify if the adopters are natural parents, natural relatives or guardians of the child or the British resident in question is a partner of a parent of the child. These provisions are complex and the Court must be satisfied as to the child’s welfare being safeguarded and that the plan is approved by the Local Authority in the UK and the receiving country.
Our International Adoption Services
If you are considering adoption, we would be very happy to assist you through all stages of this process. We provide free initial telephone consultations for all our clients. Call our specialist Adoption Solicitors now on 0844 800 9860 or contact us online for advice.
We are able to provide competitive rates for all our Adoption work including fixed fees and staged payment plans.