Bringing an adopted child to the UK

Adopted children coming to the UK are required to have certain supporting documents and entry clearance in order to safely and legally process them through UK immigration.

It is advisable that all adoptive parents ensure their adopted child has the correct documents prior to travel, to ensure their adopted child’s safe transport and ease the stress of settling into a new home.

To protect the safety of children, there are certain laws in place to safeguard the transport of children and children coming into the UK from overseas.

For instance, the 2005 Adoption Act states that it is an offense for adoptive parents to disregard the legal requirements of their country when adopting a child from overseas.

The penalty for disregarding these laws is extensive, and not limited to a single penalty of:

• An unlimited fine.
• Up to 12 months imprisonment.

As well as meeting the requirements to be suitable parents to an adopted child, parents must also meet the immigration rules and standards in order to proceed with the transport of their child.

New parents must:

• Prove they are UK citizens or settled in the UK, and legally reside in the UK with no time limit on their stay.
• Prove they can provide safe, stable and adequate housing for their child with them in the UK.
• Prove they can comfortably provide for their child financially without relying on public funding at all.

In addition to the adoption order and basic requirements, prospective parents must also adhere to the legal requirements of adopting a child. Prospective parents must have:

• Had their suitability to become adoptive parents approved by a member of their local council or VAA.
• Complied with every aspect of the assessment process.
• Received confirmation from their chosen adoption agency in writing approving them as suitable to be adoptive parents.
• Received a notification in writing from the Secretary of State that states they are ready to issue a certificate of eligibility.
• Within 14 days of the child arriving in the UK, the child must be registered with the local council to ensure the child is protected under law.

All adopted children coming to the UK require a visa before they travel.

There is an exception, however, if the child qualifies for a passport issued by an EEA member. In this case, the child’s visa would not need a visa.

Once the application for your child’s visa has been made, an Entry Clearance Officer will make a decision based on the application and supporting documents you have submitted.

The visa requirements for adopted children must be as follows:

• The child must be entirely dependent on you for financial support, for example they must not be independent from you or married.
• They must not be responsible for a child of their own.
• They are under the age of 18.
• The child must have been adopted when both adoptive parents lived together abroad or when either of the two were settled in the UK.
• They must have the same rights as any other child of the adoptive parents has, or of any other child in the UK.
• They were adopted because their birth parents could not care for them and a genuine transfer of parental responsibility has taken place.
• They must have no ties left with their birth family.
• They must not have been adopted under malicious intent for trafficking purposes, underage marriage, or to gain entry into the UK under falsehood.

If prospective parents have adhered to the legal requirements and followed the legal process of adoption, as well as maintain their settled status in the UK, the child has no limit on parental responsibility due to their residency in the UK.

However, if your child was not adopted overseas adoption or in a designated country, then they will typically be granted permission to stay for 12 months in the UK, during which the adoption process can continue through the UK courts.

In this case, your child will become a British citizen provided you adopted them through the official legal process, through the UK courts, and at least one of the adoptive parent or parents was a British citizen at the time of the adoption.

The Department for Education charges a non-refundable fee of £1,975 for processing an application to adopt a child from overseas. The fee is exempt from VAT.

Adoptive parents will be contacted by the DfE regarding payment once the application for adoption has been accepted.

The fee includes case management but does not include legalization, notarization or translation costs, so it is advisable that prospective birth parents factor in the hidden costs of the adoption process.

The adoption the UK has restricted the adoption of children from certain countries:

• Cambodia
• Ethiopia
• Guatemala
• Haiti
• Nepal
• Nigeria

You can read about the reasons for the restrictions for each country on the official GOV.UK website, as well as making an exception request to adopt a child from a restricted country.