Most people assume that if you adopt a child from overseas that the child will automatically acquire the citizenship of his or her adoptive parents. The position is a lot more complicated than that. That is why those parents who chose to adopt a child from overseas are encouraged to take both expert Immigration law legal advice from top London immigration solicitors as well as specialist adoption law advice from the best London children law solicitors.
• Have automatic British citizenship by virtue of the adoption order; or
• Acquire British citizenship by the Home Office using its discretion to register the child as a British citizen after an application is made; or
• Not have British citizenship, resulting in an application having to be made for leave for the child to enter the UK and for the child to remain in the UK.
How can OTS Solicitors help?
Convention adopted children and British citizenship
• any court in the UK or, on or after the appointed day, any court in a qualifying territory makes an order authorising the adoption of a minor child who is not a British citizen; or
• a child who is not a British citizen is adopted under a convention adoption
That the minor child shall, if the requirements of subsection (5A) are met, be a British citizen from the date on which the adoption order is made or the convention adoption is effected.
The requirements under section 5(b) of the Act are:
• That on the date on which the adoption order is made or the convention adoption is effected the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and
• That in the case of a convention adoption within subsection (5) (b) of the 1981 Act, the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the UK or in a designated territory.
What is a convention adoption order?
Are overseas adoption orders always convention adoption orders?
• Whether the adoption order was made or effected in a country or territory where the Hague Convention is in force; and
• The Hague Convention was in force in that country or territory at the time that the adoption order was made or effected;
• The adoption was effected under the law of that country or territory; and
• The adoption was certified under Article 23(1) of the Hague Convention.
What does certification under Article 23(1) of The Hague Convention mean?
Requirements for a convention adoption order child to be an automatic British citizen
• On the date of the adoption at least one of the adoptive parents was a British citizen; and
• Both of the adoptive parents (if a joint adoption application) were habitually resident in the UK or a British Overseas Territory on the date of the adoption.
If the requirements are met, then the top London immigration solicitors say that a British passport application for the adopted child should be made and should be submitted with:
• The child’s Article 23 Hague Convention Adoption Certificate;
• The adoption order by the overseas court;
• Documentary evidence of the adoptive parents’ British citizenship;
• Documentary evidence of the adoptive parents’ habitual residence in the UK.
Tips for parents thinking of adopting from overseas
How can OTS Solicitors help?
Please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors and expert adoption solicitors.
For the best expert legal advice and outcome on your UK Immigration application, contact OTS Immigration solicitors on 0203 959 9123 or contact us online.
We are one of the UK’s top firms for Immigration solicitors and civil liberties lawyers. We can advise on a broad range of Immigration issues including Appeals and Refusals, Judicial Reviews, Spouse Visas, Student Visas, Work Permit Visas, indefinite leave to remain, EEA Applications, asylum and human rights, British citizenship, All types of visas, Business Immigration Visas, Entrepreneur Visas and Investor Visas.
Our top Immigration solicitors and lawyers are here to assist you.
Disclaimer: The information and comments on this page/site is made available free of charge and for educational and information purposes only. The information and comments do not amount to and are not intended to be adopted as legal advice to any individual or company. The use of this site should not be a substitute for specific legal advice, which we ask you to see our contact page or call our solicitors on 0203 959 9123.
By using this site you understand that there is no solicitor and client relationship between you/your company and the site owners or the firm. We make every effort to keep the published articles up-to-date and accurate, however the law changes very rapidly and the older the articles on this site, the more likely that the views in it have changed with the development of the law.
Posted on: Thursday, 05 September, 2019