Adoption and intercountry adoption

The adoption routes are for a child under the age of 18 to apply to come to the UK either to be adopted or having been adopted overseas.

There are four adoption routes: Hague Convention: this route applies where the adoption is via an adoption agency under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Most Hague Convention adoptions will be completed overseas, however for some countries the adoption is completed in the UK and the child must apply for entry clearance to come to the UK for the adoption to be completed. Recognised Overseas Adoptions: this route allows a child to apply for entry clearance to come to the UK where they have been adopted overseas in a country where the adoption is recognised under UK law, or where the adoption has been recognised by order of the High Court in the UK. De facto Adoption: this route is for a child to apply for entry clearance where the child has been living with their adoptive parent(s) overseas for at least 12 months and there has been a genuine transfer of parental responsibility. Coming to the UK for adoption: this route is for a child to apply for entry clearance where they are in a country whose adoptions are not recognised in the UK and the child is coming to the UK to be adopted under UK law. Where applicable the relevant UK authority must have issued the adopters with a certificate of eligibility to adopt.

AD 6.1. The applicant must be joining their adoptive parent(s) and one of the following must apply: (a) both adoptive parents are British Citizens, are settled in the UK, or live in the UK and have a right to stay without restriction; or (b) the adoptive parent has sole responsibility for the applicant and is a British Citizen, is settled in the UK, or lives in the UK and has a right to stay without restriction.

AD 18.1. The applicant must be joining or accompanying their adoptive parent(s) and one of the following must apply: (a) both adoptive parents are British Citizens, are settled in the UK, or live in the UK and have a right to stay without restriction; or (b) the adoptive parent has sole responsibility for the applicant and is a British Citizen, is settled in the UK or lives in the UK and has a right to stay without restriction; or (c) one adoptive parent is a British Citizen, or is settled in the UK, or lives in the UK and has a right to stay without restriction and the other adoptive parent has, or is applying for (and is granted), entry clearance or permission to stay on a route to settlement; or (d) the adoptive parent has sole parental responsibility, and is applying for (and is granted), entry clearance or permission on a route to settlement; or (e) one adoptive parent is a British Citizen, is settled, or lives in the UK and has a right to stay without restriction and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance; or (f) one adoptive parent has, or is applying for (and is granted), entry clearance or permission to stay on a route to settlement and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance.

AD 16.1. The applicant must have been legally adopted in a country whose adoption orders are, or at the time of the applicant’s adoption were, recognised under UK law. AD 16.2. The overseas adoption must have been in accordance with a decision taken by the competent Central Authority, as set out in AD 16.4., or court in the child’s country of origin, or the country in which they are resident. AD 16.3. The applicant must provide evidence from the relevant Central Authority to confirm a Certificate of Eligibility has been issued if the adoption engages the requirements in: (a) section 83 of the Adoption and Children Act 2002; or (b) articles 58ZA and 58ZB of the Adoption (Northern Ireland) Order 1987; or (c) section 58 of the Adoption and Children (Scotland) Act 2007. AD 16.4. For the purpose of this Appendix “Central Authority” depends on the country of habitual residence for the adoptive parent: for residents in England, the Central Authority for an adoption under the Hague Convention is the Department for Education and the Devolved Administrations in Wales, Scotland and Northern Ireland and the Isle of Man Government are Central Authorities in their respective regions. AD 16.5. If the requirements in AD 16.1. and AD 16.2. are not met, the adoption must have been recognised by order of the High Court in the UK.

AD 28.1. At the date of application, the adoptive parents must both have: (a) been resident together overseas for at least 18 months; and (b) lived with the applicant for the 12 months immediately before the date of application; and (c) assumed the role of the applicant’s parent(s) since the beginning of the 18- month period, so that there has been a genuine transfer of parental responsibility. AD 28.2. Where the adoptive parent has sole responsibility, at the date of application they must have: (a) been resident overseas for at least 18 months; and (b) lived with the applicant for the 12 months immediately before the date of application; and (c) assumed the role of the applicant’s parent since the beginning of the 18-month period, so that there has been a genuine transfer of parental responsibility. AD 28.3. The applicant must provide evidence that: (a) the de facto adoption is not one of convenience arranged to facilitate the applicant’s admission to the UK; and (b) they will have the same rights and obligations as any other child of the de facto adoptive parent(s)’s family; and (c) the birth parent(s) or those looking after the applicant immediately before they were physically transferred to the care of their de facto adoptive parent(s) are unable to care for the applicant; and (d) the applicant has broken or lost ties with their biological family.

AD 7.1. The applicant must show that they will be adequately maintained in the UK by the adoptive parent(s), without access to public funds. AD 7.2. The applicant must provide evidence from the adoptive parent(s) of income or cash savings sufficient to show the financial requirement is met, and: (a) evidence from income (other than self-employment) or savings must cover the 6-month period immediately before the date of application; or (b) where the adoptive parent(s) is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met. AD 7.3. The applicant must show they meet the financial requirement as set out in Appendix FM-SE. Accommodation requirement for the Adoption: Hague Convention route AD 8.1. The applicant’s accommodation in the UK must not be overcrowded or contravene public health regulations.

If a child is granted temporary permission under Appendix Adoption, they would need to apply for settlement under paragraph 298 in Part 8; or for settlement on the route their adoptive parent is on.

Adoption is a route to settlement.

AD 1.1. A child applying for entry clearance on the Adoption: Hague Convention route must apply online on the gov.uk website

AD 3.1. A child seeking to come to the UK under the Adoption: Hague Convention route must apply for and obtain entry clearance on the Adoption: Hague Convention route before they arrive in the UK.

AD 11.1. The applicant will be granted entry clearance for 24 months, which is to allow the Hague adoption to be completed in the UK. Conditions of grant on the Adoption: Hague Convention route AD 12.2. The grant will be subject to the following conditions: (a) work is permitted; and (b) study is permitted; and (c) no access to public funds.

AD 23.1. The applicant will be granted settlement, if either: (a) both adoptive parents are a British Citizen, settled or live in the UK and have a right to stay without restriction; or (b) in the case of sole parental responsibility, the adoptive parent is a British Citizen, settled or lives in the UK and has a right to stay without restriction, AD 23.2. If the adoptive parent(s) is not a British Citizen, settled or living in the UK with a right to stay without restriction, the applicant will be granted permission which ends on the same date as the permission granted to their adoptive parent(s).