I’ve adopted a child internationally and I need legal advice

To be able to adopt a child from abroad you need to be eligible to adopt from both within the UK and from the chosen overseas country. Adoption laws can differ significantly between counties, which means that whilst you may be eligible to adopt from one country, you might not be able to adopt from another. If you live in the UK, not all countries will be available for you to adopt from, either because a country does not allow international adoption, or because the UK restricts adoption from a country.

Some adoption orders are automatically recognised in England and Wales, such as those made in Scotland, Northern Ireland, the Isle of Man, Channel Islands, ‘overseas adoptions’ and adoptions under the Hague Convention 1993. Any other adoption made abroad will only be recognisable if it satisfies common law criteria. If a foreign adoption is neither automatically recognised, nor recognisable under the common law, then a domestic adoption order will need to be obtained.

Bringing a child into the UK for the purposes of adoption is a criminal offence, punishable with up to 12 month’s imprisonment and/or a fine. In order to bring a child into the UK for the purposes of adoption, there are strict regulations that need to be complied with, preferably in advance of bringing the child in. It is vital to seek legal advice prior to bringing a child who you wish to adopt into the UK.

If you have an international lifestyle, being able to move around freely with your adopted child will be a high priority. Whether you have legal parental status internationally will depend on whether the adoption order you hold is recognisable in the countries you will reside in.

With our international expertise we can offer you specialist legal advice as to the potential issues you may face in different jurisdictions, and how to overcome them. As many of our clients have international lifestyles, we experienced at dealing with the legal complexities arising from the application of UK law internationally.

A child adopted from a country that is signatory to the Hague Convention 1993 through what is known as a ‘Convention Adoption’ will automatically acquire British nationality. However, a child adopted via adoption that is classed as ‘overseas’ will not. In the latter scenario, you will need to have a clear immigration plan in place. Conversely, a foreign child adopted in the UK through the domestic adoption process will acquire British nationality as part of that process.

In the event that you and your partner are in the process of adopting a child from overseas, but you are concerned about your relationship and the effect of any possible separation on that adoption, it is important to be aware of your options.

Where an adoption has not yet been finalised, a divorce by the prospective adoptive parents may affect the finalisation of the adoption. If the birth parents’ rights have not yet been terminated, there is a risk that they might object to their child being adopted by a single parent, or by a couple in dispute. If their parental rights have been terminated, it is the court who will consider the impact of a divorce on the adoption, and who will have final approval.