Eligibility criteria for adopting from another country

When adopting from abroad, you must be eligible to adopt both within the UK as well as from the relevant country overseas. In the UK the eligibility criteria are the same as for a domestic adoption, namely you must be;
  • over 21 years of age,

  • habitually resident in the UK, 

  • not been found guilty of or cautioned for an offence involving children. 

Other countries have their own eligibility criteria which are often more extensive than the UK’s. Countries may have upper age limits, they might only accept married couples and no single adopters or same sex couples, they might be specific on what health grounds an application might be excluded and they might prioritise applications according to the prospective adopter’s proven links to the country. 

You can adopt from overseas if you’re not a British Citizen, but you must have indefinite leave to remain (settled status) in the UK, or permanent residence. If you don’t, you should seek legal advice on whether you’re eligible to sponsor a child to enter the UK. 

 

The adoption process 

If you wish to adopt from overseas, you must first be approved as an adopter in the UK. Coram Intercountry Adoption Centre assesses and supports adopters who choose the intercountry route.  

You must follow the correct procedures to adopt from abroad otherwise you could commit a criminal offence. 

 

Approval process 

The same approval process is followed as for a domestic adoption. The one fundamental difference, however, is that anybody seeking to adopt a child from abroad must pay for the services themselves. This is because of legal and admin fees between countries, and because the child is not within the British care system. Costs can be between £12,000 and £25,000, depending on the country you adopt from. 

Even if you’re related to a child you wish to adopt, you’ll still have to go through the same approvals process in England and Wales. There are some differences in this requirement in Scotland and Northern Ireland so if you live in those countries you may be best served seeking further legal advice. 

 

Matching process 

Once you’ve been approved to adopt, your paperwork is sent to the Department of Education or your relevant UK Central Authority for processing. The Central Adoption Authority team prepare the Certificate of Eligibility, which proves you’ve followed the correct procedures, and issue all the required paperwork to your country of approval.  

Once your papers have been sent abroad, you’ll be placed on a waiting list by your country of choice. How long you might wait to be matched with a child depends on the country. In general, if you’re open to either gender, flexible about age and/or are willing to accept a child with additional or special needs, the wait for a match is likely to be shorter.   

Once matched, you’ll need to travel to the country to meet the child and the authorities. For some countries you’ll need to travel there on more than one occasion or be prepared to remain there for a period. You must also accompany the child into the UK on your return and if you’re adopting as a couple both of you must accompany the child into the UK. It’s not possible for the child to be brought to the UK by a carer or other party.  

 

Which countries you can adopt from  

For some countries, an adoption order granted there is recognised in the UK and your child also automatically acquires British nationality (these are usually countries which have signed the 1993 Hague Convention). But for others, while the adoption order granted there may be recognised in the UK, your child is not entitled to British citizenship and so you’d need to have an immigration plan in place. And in some countries, you’d have to apply for an adoption order there and in the UK. Given this is a complicated area, it’s important to do your research first and take legal advice if needed.    

Not every country is open for adoption. The country itself may not wish to place children overseas or the UK may have placed restrictions because of concerns about a country’s adoption practices. As of writing, the UK restricts adoptions from: Cambodia, Guatemala, Nepal, Haiti, Ethiopia and Nigeria. To adopt from any of these countries you’d need to apply in writing to the Intercountry Adoption Team at the Department for Education, telling them the reasons why your case should be an exception.  

Whichever country you choose it’s important to only do this through an accredited agency or body in that country.  

 

Embracing your child’s heritage and culture 

When adopting a child from overseas, you’ll need to be respectful of their culture, particularly if it’s not the same as your own. You must be willing to learn about and understand your child’s background to ensure they grow up with a full sense of their cultural heritage. As your child gets older, you’ll need to think about how you’ll talk to them about their country of origin and their story of how they came to live with you - this could involve taking them on trips abroad to visit. 

Sometimes, children adopted from overseas carry the legacy of time spent in orphanages or institutions, where they couldn’t be given consistent, one-to-one care. As a result, they may have additional health or emotional support needs that you’ll need to be able to work through with them.  

 

Adopting if you live abroad 

You must follow the adoption laws of the country you’re in if you’re normally resident in that country and want to adopt. 

You must follow UK adoption law if you’re normally resident in the UK, the Isle of Man or the Channel Islands. This is sometimes called ‘habitual residence’ and can apply even if you’re living abroad at the time of the adoption. 

You may have to give a sworn statement in front of a solicitor that you’re no longer habitually resident in the UK, the Isle of Man or the Channel Islands if the country asks for a ‘no objection’ letter from the UK government. You must send this statement either to the Intercountry Adoption Team at the Department for Education or the nearest British embassy. 

If you’ve 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 you’ve any doubts you should get legal advice. 

You can apply to register an overseas adoption in the Adopted Child Register for England and Wales if;

  • 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. 

 

Further information