Inter-country adoption: What is it and what is the legal process of adopting a child from overseas?

Inter-country adoption is the process by which a child, habitually resident in one country is adopted by an individual(s) habitually resident in another country. Although inter-country adoption is in decline, it's still a viable option for many individual(s). 

Am I eligible to adopt a child from overseas?

An individual or a couple habitually resident in England & Wales can adopt a child from overseas if:

1. The child cannot be cared for in a safe environment in their own country; 
2. The adoption would be in the child’s best interests; and 
3. The person(s) has been assessed as eligible and suitable to adopt from overseas by an adoption agency in England & Wales. 

The process

Firstly, the person(s) seeking to adopt a child from overseas, must contact an adoption agency either through their local council or an adoption agency. The adoption agency will then assess whether the person(s) is suitable for the process. All adopters must go through the same assessment and approval process, regardless of the country of adoption. 

The local authority department or voluntary adoption agency will then ask the person(s) to complete the necessary forms and will then carry out several checks about them and the home that will be provided for the child. 

If the person(s) is assessed as eligible and suitable to adopt a child from their chosen country, the application will be sent to the Department of Education to check that it meets eligibility criteria. If the application meets the criteria, the Department of Education will issue a Certificate of Eligibility to Adopt and send it with the adoption application to the relevant overseas authority. 

The Department of Education charge a non-refundable fee of £2,500 for processing an application to adopt a child from overseas. 

If the overseas authority approves the application and the person(s) is matched with a suitable child, the overseas authority will process the paperwork in respect of the child and advise the adopter(s) of the procedure. The adopter(s) will need to visit the child in their own country and confirm in writing that they’ve visited them and want to proceed with the adoption (if they are being matched). 

The legalities 

The adopter(s) may need to undergo adoption proceedings both in the country they are seeking to adopt a child from and in England & Wales. Anyone considering this option should therefore obtain advice from a specialist lawyer in the country where they are looking to adopt from, to provide detailed information about the requirements in that country and from a specialist lawyer in England & Wales to ensure that they can take a joined-up approach. 

If an overseas adoption takes place, it may or may not be recognised under English law. If the child’s origin, and the adoption, takes place in a country which is a signatory to the Hague Convention on Protection of Children and Co-operations in respect of Intercountry Adoption 1993 then usually the adoption will be automatically recognised, and the adopter(s) will be considered the child’s legal parents in England & Wales. 

However, if the overseas adoption is not automatically recognised, then the adopter(s) will not be considered the child’s legal parents in England & Wales. It will then be necessary to apply to the Family Court for either a recognition order or a domestic adoption order (made under the Adoption and Children Act 2002). The specific circumstances of each person(s) case will determine which of those steps is the most appropriate. 

This is a complex area of law and there are serious consequences if the correct procedures are not followed, which is why it is so important that anyone considering this option takes specialist legal advice at an early stage. At Irwin Mitchell we have a specialist Fertility Law Team of Excellence who can advise you and help guide you through this process. 

Find out more about our International Family Law team.

Please note that the overview of the process and legalities above relate to an inter-country adoption into England and Wales only.