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.
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Posted on: Thursday, 05 September, 2019