There are various different reasons as to why an individual may decide to adopt a child from another country. Whatever the circumstance may be, it is vital that they seek expert legal advice from a specialist international adoption solicitor, in order to navigate the legal aspects of the process.
International adoption is where a child is adopted from another country other than the country where they currently reside. International adoption is covered by several pieces of legislation, including the Adoption and Children Act 2002, as well as the Adoption Order 1973 and the 1993 Hague Convention.
Our adoption solicitors can advise prospective adopters who wish to adopt a child from overseas to live in the UK, adopting a child from family members overseas, adopting a child in a foreign country you are currently residing in, adopting a partner or spouse’s child and adopting a child from a relative of your spouse or partner.
An adoption agency or even the Local Authority (where a child within care proceedings is to be placed with a family member outside the jurisdiction) maybe involved within intentional adoption proceedings.
In order for an adoption to be effective, either the biological parents of the child must give their consent to the adoption, or the Court will order the adoption to take place.
In order for an international adoption to be progressed, prospective adopters need to ensure specific eligibility criteria is satisfied. This includes but is not limited to, the prospective children cannot be cared for in a safe environment in their own country, the adoption would be in the best interest of the child, the adopter has been assessed as eligible and suitable to adopt from overseas by an adoption agency in the UK.
If you have any convictions for offences against the children, vulnerable adults, violent offences, murder or serious fraud then you may be legally barred from adopting a child from another country.
International adoption will involve scrutiny by the authorities in the Country where the child is being raised as well as in the UK. This is to ensure that the prospective adopters are able to provide for the child both emotionally and financially.
On occasions, a child being adopted may need extra support if they have has an unsettled start in life, whilst others may have learning disabilities that an adoptive parent needs to be able to understand and support.
There may also be immigration procedures to go through before an adopted child can enter the UK and our family team can liaise with our immigration department to assist you in this regard.
The UK has restricted adoption from the following countries:
If you wish to adopt a child from one of the above-restricted countries, you will need to clearly set out in writing the reasons why your case is exceptional and provide evidence of this.
Even if their parents or family has abandoned the child from overseas, the prospective adopters will still need to provide them with notice of intention to adopt the child.
Prospective adopters going through the process my feel overwhelmed by the legal procedures involved. Adopting a child is usually a highly emotional as well as joyful experience and having the support of a specialist adoption solicitor with experience in this area of law can relive parents of some of the stress and uncertainty involved in the adoption process.
Duncan Lewis Solicitors have extensive experience in advising clients on international adoption. Our staff speak a range of different languages to assist and advise clients when required.
Duncan Lewis is ranked by the Legal 500 2014 for its Family & Matrimonial work – and the Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel.
An initial interview with a fixed fee for legal advice on international adoption can be offered. Once the case has been assessed it may be possible to offer a hourly rate or a further fixed fee but you will be advised of the funding options in advance.
Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel.
For expert legal advice on International Adoption, call Duncan Lewis adoption lawyers in confidence on 020 7923 4020.