Immigration Corner | How to adopt a child from overseas while residing in the UK

Dear Mr Bassie,

I would like to get some information about adopting a child from overseas as a British citizen living in the UK. Any information would assist.

MJ

Dear MJ,

Persons can adopt a child from overseas if they cannot be cared for in a safe environment in their own country; if the adoption would be in their best interests; or if the adopter has been assessed as eligible and suitable to adopt from overseas by an adoption agency in the United Kingdom.

Those individuals who want to adopt a child from overseas, should contact a United Kingdom (UK) adoption agency through their local council in England and Wales or a voluntary adoption agency that deals with overseas adoption.

If the persons being assessed are approved as suitable to adopt a child by a UK adoption agency, they will be advised on what they need to do and guide them through these steps.

1. The person’s application will be sent to the Department for Education (DfE) or the relevant UK Central Authority to check it meets eligibility criteria.

2. DfE or the relevant UK Central Authority will issue a Certificate of Eligibility to Adopt and send it with the adoption application to the relevant overseas authority – some countries require adoption applications and supporting documentation are notarised, legalised and translated if necessary.

3. Once matched, persons need to visit the child in their own country and confirm in writing that they have visited them and want to proceed with the adoption.

4. Persons may need to go through adoption court processes in the country they are adopting from and the UK.

5. Once the placement has been finalised, they will need to arrange entry clearance for the child to enter the UK.

FEES

The DfE charges a non-refundable fee of £2,500 for processing an application to adopt a child from overseas and the fee is exempt from VAT. The applicant will be contacted by DfE about how to pay the fee once the application has been accepted.

The fee includes case management but does not include legalisation, notarisation or translation costs. Persons should contact the relevant authority to find out about fees and procedures in Scotland, Wales and Northern Ireland.

RESTRICTIONS

Please be aware that the UK has restricted adoption from the following countries: Cambodia, Guatemala, Nepal, Haiti, Ethiopia or Nigeria.

PERSONS WHO LIVE OUTSIDE OF THE UK

Persons who are currently living outside of the UK should note that the country they are residing in may ask for a ‘no objection’ letter.

To obtain a no-objection letter persons may need to get a statement sworn in front of a solicitor. It will confirm that they are not normally resident in the UK, the Isle of Man or the Channel Islands.

For a limited number of countries, persons can apply online. For other countries, they should contact their nearest embassy or consulate to apply for a no objection letter.

GET A ‘NO OBJECTION’ LETTER ONLINE

Persons can apply for a no objection letter online if they want to adopt a child from the following countries: India, Spain, Thailand, United Arab Emirates and Vietnam.

To apply online, they will need a UK passport; a sworn statement; a credit or debit card to pay a non-refundable fee of £50. If adopting with a partner, persons will need their partner’s UK passport and their sworn statement as well.

MOVING TO ANOTHER COUNTRY AFTER ADOPTION

Please be aware if persons have adopted a child – either in the UK or overseas– and then travel or move to a third country, the adoption may not be recognised in that country. If they have any doubts they should get independent legal advice.

REGISTERING AN ADOPTION

Please note that persons can apply to register an overseas adoption in the Adopted Child Register for England and Wales if the following holds true:

• The adoption took place in certain overseas countries

• The parent or parents were habitually resident in England and Wales at the time of the adoption

• The parent or parents can provide all the supporting documents

Persons are advised to read the guidance notes before filling in the form to register with the General Register Office.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: 0