Types of Intercountry Adoption

The 3 Types of Intercountry Adoption

1. Hague Convention Cases

On 1 June 2003 the UK implemented the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The purpose of the Convention is to establish safeguards to protect the best interests of children and to produce a system of co-operation between countries to prevent child trafficking.

Hague Convention adoptions result in both recognition of the adoption in the UK and British citizenship for the child (i.e. there is no need to apply for British citizenship separately if the adopters are habitually resident in the UK or certain designated territories and at least one of them is a British citizen).

Information on which countries have implemented the Hague Convention is available on the link below; http://hcch.e-vision.nl/index_en.php?act=conventions.status&cid=69

2. Designated list cases

Adoptions effected in countries listed in the Adoption (Designation of Overseas Adoptions) Order 1973, SI 1973/19, result in recognition of the adoption in the UK but not the automatic granting of British citizenship. A specific application for British citizenship has to be made and decisions are at the discretion of the Home Secretary.

Information on which countries are on the Designated List is available on the link below; http://www.education.gov.uk/childrenandyoungpeople/families/intercountryadoption/b0054703/faqs-for-intercountry-adoption/intercountry-adoption-faq-designated-list-countries

3. 'Other'

Adoptions effected in countries that are not Hague Convention countries or countries on the Designated list are not recognised under UK law. An adopter will need to apply for an adoption order on return to the UK. An adoption order made in a UK court confers British citizenship on the child if the adopter, or one of the adopters, is a British citizen.

An information leaflet for those considering applying for an adoption order including about the process, who may apply and how the court will deal with their application is available on the link below; http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090284_en_2

Page updated: Monday, October 11, 2010