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Overseas Adoptions

Document Cited authorities 10 Cited in Related
AuthorNasreen Pearce/Richard Budworth
Pages153-160

Chapter 14

Overseas Adoptions

INTRODUCTION

14.1 An ‘overseas adoption’ is defined in ACA 2002, s 87(1), as an adoption of a description specified in an order made by the Secretary of State being an adoption ‘effected under the law of any country or territory outside the British Islands but does not include a Convention adoption’. ACA 2002, s 87(2) provides that regulations may prescribe the requirements to be met in respect of an adoption of any description effected after the commencement of the regulations for it to be an overseas adoption for the purposes of the Act. ACA 2002, s 87(3) provides that the Secretary of State must exercise his powers under the section to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of the Act if he considers that they are not likely, within a reasonable time, to meet the prescribed requirements. The specification of overseas adoption from 3 January 2014 is now governed by the Adoption (Recognition of Overseas Adoptions) Order 2013 (SI 2013/1801), which defines an overseas adoption to mean an adoption other than a Convention adoption effected under the law of a country or territory listed in the Schedule to the Order. The Schedule sets out the 87 designated overseas countries (see the Appendix to this chapter). The Order excludes customary or common law adoptions (Art 2). For overseas adoption prior to 3 January 2014, the specification of overseas adoption was governed by the Adoption (Designation of Overseas Adoptions) Order 1973 (SI 1973/19) and the Adoption (Designation of Overseas Adoptions) (Variation) Order 1993 (SI 1993/690), and applies to the list of countries set out in the Order. Any adoption that was recognised as an overseas adoption prior to
3 January 2014 continues to be recognised as such.

14.2 Where a child has been adopted in one of the designated countries, the adoption is recognised in the United Kingdom as a valid adoption and it is not necessary to seek an adoption order in the domestic courts.

154 Adoption Law: A Practical Guide

ENTRY TO THE UNITED KINGDOM

14.3 When bringing into the United Kingdom a child who is the subject of an overseas adoption, entry clearance is required, but since an overseas adoption is recognised as a full adoption in England and Wales, entry clearance with unlimited leave to remain will be granted to the adopted child to enter provided the adoptive parent(s) can establish their British nationality or right to remain in the United Kingdom and can establish the validity of the adoption order or have applied for and registered the child as a British citizen before the child is brought into the United Kingdom. Where a final overseas adoption has not yet been made, the child may nevertheless be permitted to enter the United Kingdom for a limited period to enable the overseas adoption to be finalised. When the final order is made, it should be registered in the Adopted Children Register under the Adopted Children and Adoption Contact Registers Regulations 2005 (SI 2005/924) (ACACRR 2005) (ACA 2002, Sch 1, para 3) (see Chapter 19). The adopter(s) must have been habitually resident in England and Wales at the time the adoption was effected. Application for registration may be made to the Registrar General in writing with supporting documents of the adoption, by the adopter(s), anyone with parental responsibility for the child or the adopted child when he attains the age of 18 years (ACACCR 2005, regs 3 and 4). An application should also be made for British citizenship for the child.

ANNULMENT OF AN OVERSEAS ADOPTION

Grounds for the application

14.4 The High Court may on an application made under ACA 2002, s 89(2) order...

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