Frequently asked questions : Intercountry Adoption : Department for Children, Schools and Families

The intercountry adoption procedure can seem daunting and complicated for those who are unfamiliar with the process. Our list of frequently asked questions will be able to help with any queries.

The questions are arranged in the following categories. Click on the category you are interested in to see the list of questions:

General

Why does the Government allow intercountry adoption when there are children in England who need new families?

Although there are many children in the UK looking for an adoptive family, there are still many children in other countries who need homes. Intercountry adoption may be their only opportunity to belong to a permanent family. For humanitarian reasons, the Government allows intercountry adoption to proceed where:
the child cannot be cared for in any suitable manner in his/her country;
the adoption would be in the best interests of the child and with respect to the child's fundamental rights as recognised in international law; and
the propsective adopter has been approved as suitable to adopt a child habitually resident outside the British Islands by an adoption agency (a local authority or an adoption society registered by Ofsted and whose condition of registration includes intercountry adoption).

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Can I adopt from any country in the world?

A suspension of intercountry adoptions from Cambodia was introduced in June 2004.
A suspension of adoptions from Guatemala was introduced on 6 December 2007.
Some other countries impose restrictions on inter-country adoption. You may wish to check with your adoption agency, the London Embassy or Consulate of the country you are interested in adopting from, or the DCSF Intercountry Adoption Team, if you are uncertain about the requirements of a particular country.

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How long does it take to adopt a child from abroad?

Currently it can take anything from one to three years in total to adopt a child from another country, depending on the adoption system in the other country and the availability of suitable children for adoption.

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Hague Convention

What is the Hague Convention?

The 1993 Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption aims to establish an international system of cooperation that aims to prevent the abduction of, the sale of, and illegal traffic in children. The Convention requires that intercountry adoption happens only when it is in the child's best interests, that all adopters are assessed and approved as suitable to adopt and that no profit is made from the adoption process. The UK implemented the Convention with effect from 1 June 2003 .
Prospective applicants will wish to note that if the UK has objected to a particular country’s accession to the Hague Convention that the Convention is not then ‘in force’ between the two countries, i.e. adoptions from that country would not be recognized in the UK as Hague Convention adoptions. At the present time the UK has objections lodged to the accession of Cambodia and that of Guatemala.

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Which countries have brought the Hague Convention into force?

The up-to-date list of countries which have brought the Hague Convention into force can be found at: www.hcch.net/index_en.php?act=conventions.status&cid=69

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What difference does adopting from a Hague Convention country make?

Where an adoption has been completed under the Hague Convention:

the child will automatically receive British citizenship if you or your partner are a British citizen and both of you are habitually resident in the UK ;
the adoption will be automatically recognised in the UK and other contracting states;
the adoption of a child under the Hague Convention can be registered on the Adopted Children's Register managed by the Registrar General.

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Can I adopt from a country that is not a Hague Convention country?

Yes you can, but if the adoption order is not recognised in the UK, you will need to re-adopt the child in a UK court for the adoptive relationship to be legally recognised.

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What is the process for adopting from a Hague Convention country?

Important information regarding adoptions under the Hague Convention

This document sets out in detail the procedural requirements of adoptions under the Hague Convention, starting from the point at which a certificate of eligibility, together with information on prospective adopters, has been sent to the country from which the prospective adopters would like to adopt. The process can be summarised as follows:

You should first contact your local authority social services department or a registered adoption agency to discuss your plans to adopt a child from a Hague Convention country.
Your agency will provide advice and information about adoption that will set out the legal requirements and procedures for adopting from a Hague Convention country.
If you are eligible to adopt under the Hague Convention, the social services department or a registered voluntary adoption agency (see the definition of an adoption agency given under the first question above) will carry out an assessment of your suitability to adopt, involving in-depth social worker interviews, police and medical checks and interviews with your personal referees (privately commissioned assessments are not acceptable).
The information gathered, on which you will have an opportunity to comment, will be presented to the social services department or adoption agency's panel.
The panel will consider the assessment and make a recommendation about whether you are suitable to adopt.
A senior manager at the agency will then, taking the panel's recommendation into account, make a decision about whether to approve you as suitable to adopt.
If you are approved, the agency will send your application to the Department for Children, Schools and Families (DCSF). (Also see the 'After Approval - Processing by DCSF Casework Team' section below.)

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Designated List countries

What is the Designated List?

The Designated List refers to the list of countries that are named on the Adoption (Designation of Overseas Adoptions) Order 1973. (See also the Home Office leaflet Intercountry Adoption and the Immigration Rules). The UK automatically recognises an adoption made in any of the countries named on the Designated List.
The Designated List is currently being reviewed under the provisions of the Adoption and Children Act 2002. Further information on the progress of the review will appear on this website.

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Which countries are on the Designated List?

Commonwealth Countries

Anguilla
Australia
Bahamas
Barbados
Belize
Bermuda
Botswana
British Virgin Islands
Canada
Cayman Islands
Cyprus
Dominica
Fiji
Ghana
Gibraltar
Guyana
Hong Kong
Jamaica
Kenya
Lesotho
Malawi
Malaysia
Malta
Mauritius
Montserrat
Namibia
New Zealand
Nigeria
Pitcairn Island
St Christopher and Nevis
St Vincent
Seychelles
Singapore
South Africa
Sri Lanka
Swaziland
Tanzania
Tonga
Trinidad and Tobago
Uganda
Zambia
Zimbabwe

Foreign countries

Austria
Belgium
China (but only where the child was adopted on or after 5 April 1993 and was living in England or Wales on or after 10 July 1995 and will be living in Scotland on or after 10 February 1996 and will be living in Northern Ireland)
Denmark (including Greenland and the Faroes)
Finland
France (including Reunion , Martinique , Guadeloupe and French Guyana)
Germany
Greece
Iceland
The Republic of Ireland
Israel
Italy
Luxembourg
The Netherlands (including the Antilles)
Norway
Portugal (including the Azores and Madeira)
Spain (including the Balearics and Canary Islands)
Surinam
Sweden
Switzerland
Turkey
United States of America
Yugoslavia (but none of the states which make up the former Yugoslavia )

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What will it mean if I adopt from a country that is not on the Designated List?

If the child was adopted in a non-designated country, you will need to re-adopt in a UK court. An adoption order made in this country will then automatically confer British Citizenship on the child if either you or your partner is a British Citizen at the time the adoption order is made.

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Legal requirements

How do I find out about the procedures in other countries?

The Department for Children, Schools and Families maintains a number of helpful information sheets on procedures in other countries.
Advice and information about adoption requirements and procedures elsewhere can also be obtained by contacting the British-based Embassy or Consulate of the country concerned. Details of British diplomatic posts can be found on the Foreign and Commonwealth Office website. This includes email, postal and telephone contact details.
In addition, you should seek to adopt only through government agencies, approved adoption agencies or recognised charitable organisations abroad and not through intermediaries who are not properly authorised.

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Are there restrictions on who can adopt from another country?

This will depend on the legal system of the country you wish to adopt from. The Department's information sheets on procedures in other countries are helpful. Otherwise, you should contact the British-based Embassy or Consulate of the relevant country for advice (details from the Foreign Office website).

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What do 'domiciled' and 'habitually resident' mean?

‘Domicile' and ‘Habitual Residence' (HR) are legal concepts which are the subject of extensive literature and case law. There is no single or statutory definition of either term. Whether someone is domiciled or habitually resident in the UK depends upon the individual facts and circumstances of a case. The Department for Children, Schools and Families cannot advise you as to whether or not you are domiciled or habitually resident in any one place. To ascertain this, you must seek independent legal advice.

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Why are domicile, habitual residence and indefinite leave to remain status important?

Firstly, where a prospective adopter is not a British citizen, they should have settled status (EEA citizens) or indefinite leave to remain (ILR) (non EEA citizens) to be able to sponsor an entry clearance application for a child. Further information is available from the Home Office. In addition, any prospective adopter’s eligibility to adopt a child from abroad will depend on their habitual residence and domicile status in the UK, regardless of their citizenship; this is because:

To be able to adopt a child in the UK courts, at least one of the prospective adopters (or the prospective adopter in the case of a single person) must be domiciled in the UK or both of the prospective adopters adopting (or the prospective adopter in the case of a single person) must have been habitually resident in the UK for not less than one year ending with the date of their application.
In the vast majority of cases, where a person has habitual residence status they would also have domicile status (please seek independent legal advice as stated above if you are unsure of your status). Subject to any UK Government restriction, prospective adopters with both domicile and habitual residence status can adopt from any country. However in cases where:

the prospective adopters only satisfy the domicile condition (and not HR) they should only consider adopting from a country that is not a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (‘the Hague Convention’). They would not be eligible to adopt from any of the Hague Convention Contracting States, because HR, for at least one year on the part of both applicants (in the case of a couple) or the applicant (in the case of a single person), is a requirement of any such application to adopt from a Hague Convention Contracting State.
the prospective adopters only satisfy the habitually resident condition (and not domicile) then, subject to any UK Government restriction, they can consider adopting from any country

Prospective adopters who are habitually resident in the UK must comply with the requirements and conditions set down in UK legislation before bringing a child who is adopted in another country into the UK or before bringing a child into the UK from another country for the purposes of adoption. Failure to comply with these requirements is a criminal offence.

Those prospective adopters who are neither domiciled nor habitually resident in the UK should contact the authorities in their country of residence with regards to adopting in that country.
Please note that people can only have one domicile (whereas it is possible to be habitually resident in two places at once).

If you are unsure about your status in the UK, seek independent legal advice before starting the assessment process.

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Eligibility

I am worried I will be too old to adopt. Is there an upper age limit?

There is no upper age limit for adopters in the UK . However, some countries do operate upper and lower limits and also specify an age difference between the adopters and the child, i.e. the older the adoptive parents, the older the child likely to be offered for adoption.

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I am single, can I adopt?

Some countries popular with prospective adopters, such as India, Russia and USA allow single adopters, but generally the situation varies from country to country. Check the Department's procedure information sheet for the country, if available, or with the London-based Embassy or Consulate of the country concerned if you are in any doubt about its legal position on this issue.

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Can unmarried couples adopt children from other countries?

The situation is not the same in all countries, so you should check the relevant DCSF country information sheet, and with your lawyer and/or adoption agency if you remain uncertain. However, some countries do allow this.

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Costs

How much does an assessment for intercountry adoption cost?

The fee is a matter for each individual adoption agency, which is allowed to cover costs it incurs carrying out the home study assessment. It must not however make a profit from the work involved and it must ensure that you understand how the fee is arrived at before you agree to it.

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What charges are involved in intercountry adoption?

Apart from the adoption agency's fee for the home study assessment, the charges you are likely to incur are for:

In England:

Notarisation of documents (variable charge)
Legalisation of documents by the Foreign and Commonwealth Office (currently £28 per document)
Legalisation of documents by the Embassy of the child's country of origin (variable)
Travel to the child's country (variable)
Court fees to adopt the child in England (in non-designated cases). Currently there is a fee payable on commencement of the adoption application. If, in the course of the adoption proceedings, some other application related to the proceedings is necessary - such as an application to the Court for directions on a particular point - a further fee will probably be payable. If you are unsure about the court fee payable for your application, or you think that you may be exempt from paying all or part of the fee, you should contact the Court for further information.
Nationality fees for the child to become a British citizen, if appropriate.

In the child's country of origin (all variable):

fees of the adoption agency or lawyer
hotel and food costs
notarisation of documents
court fees
fees for entry clearance.

The list above is only a guide, and there may be other costs particular to the child's own country. For example, in China you are expected to make a donation to the child's orphanage (. Please note that where fees are charged by external organisations, we would advise prospective adopters to ascertain the fees at the time of application, as they may be subject to change.

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Is there any way to reduce the costs involved?

Not easily. The items of expenditure listed above are essential and cutting corners should be avoided. You are strongly advised to deal with approved adoption agencies or recognised charitable organisations abroad, and not through intermediaries who are not properly authorised, or through a third country. Before you agree to the fees charged, you should ensure that you have a written breakdown of costs so that you know what you are being charged for and can check you are not being charged more than you expected. You will then be able to query any expenditure about which you are doubtful. If you remain uncertain or unhappy, go to another agency.

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Children in other countries

How many children can I adopt from another country?

You are likely to be recommended for one child, twins or two blood-related siblings.

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Will the children from abroad have medical or emotional problems?

Some children available for intercountry adoption face health and developmental difficulties which may require active treatment. Many will need compensatory nurture. In others, harmful experiences may lead to permanent physical or mental impairment.
A number of children who are adopted from other countries will have spent the majority of their lives before placement in institutional care. Conditions in institutions will vary from country to country and within countries, but there are implications for the child's emotional and social development of prolonged periods in institutional care. The longer the period of care is and the more deprived the environment, the more likely the children are to suffer long term developmental difficulties.

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How old is the child from abroad likely to be?

This will vary from country to country, but to an extent will depend on the recommendation made by your UK adoption agency. Some countries specify an age difference between the adopters and the adopted child, i.e. the older the adoptive parents, the older the child matched with them.

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Should I identify a child before I start the application process?

You are strongly advised to wait until you have been approved as suitable to adopt and had your application processed by the Department for Children, Schools and Families before you identify a child. In some countries, it is forbidden to identify a child without having been assessed and approved in the UK. If you have identified a child first, you may find yourself in a situation where you may have to return to the UK and leave the child for several months while the assessment is carried out and your application is processed. It is also possible that you may not be recommended as suitable to adopt.

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Application and assessment procedure

What should I do if I want to adopt a child from abroad?

You should discuss your plans with your local authority or a voluntary adoption agency who work on intercountry adoption. You will need to be assessed and approved as eligible and suitable to adopt. The law allows only local authorities and voluntary adoption agencies registered to deal with intercountry adoption to assess prospective adopters who want to adopt from abroad.

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Do I need to be approved to adopt a child from abroad?

Yes. The procedures are very similar to those for adopting a child in England, except that the adoption agency may charge you for your home study assessment.

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What is the assessment procedure for prospective intercountry adopters?

Once you have expressed an interest in intercountry adoption, you and your partner (where appropriate) will be invited to take part in a preparation course, usually three days long, by your local authority or adoption agency. The course will cover issues and questions arising from intercountry adoption, and you will be asked to evaluate what you feel you have learnt on each day.
If you still wish to proceed with the adoption application, you will then have an assessment carried out on you by the local authority/adoption agency. This process will involve detailed interviews with a social worker; interviews between the social worker and your nominated referees; assessment of your relationships with your family (including the development of any other children you may have) and your spouse/partner; your employment and economic status; the standard of living in your home; medical reports and Criminal Records Bureau (CRB) checks. This study, when complete, will be used by a local authority or voluntary adoption agency panel and decision maker to decide whether or not to approve your application to adopt and refer the papers to the Department for Children, Schools and Families for further action.

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Is the assessment to adopt a child from abroad the same as the assessment to adopt a child in England ?

Yes, it is very similar, but the assessment for intercountry adoption will include extra information, such as how you will help the child adjust to a new language and culture, and why you have chosen the country from which you want to adopt.

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Who carries out the assessment?

It will be a social worker from your local authority or a voluntary adoption agency registered to work on intercountry adoption.

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Can I arrange for a private assessment to be carried out?

No. The law allows only local authorities and voluntary adoption agencies registered to work on intercountry adoption to carry out assessments.

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How long will the assessment take?

This can vary according to circumstances, but usually between six months to one year in total.

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How much will the assessment cost?

Fees vary between agencies, but they can be up to £5,000.

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What type of information will be considered during the assessment?

The assessment report your local authority or voluntary adoption agency will carry out on you and your partner (where appropriate) will include details of:

your family background;
description of the home;
standard of living as it appears in the home;
in joint applications, the current relationship between the partners;
current relationship between the parent(s) and children, if any;
development of previous adopted children, if any;
current relationship between the applicant(s) and other family members;
employment status and health details;
economic status;
schooling facilities;
amenities in the home;
reasons for wanting to adopt a child from the specified country;
attitude of grandparents and relatives towards the adoption;
anticipated plans for the prospective adoptive child.

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Approval by an adoption agency

What is the process for approval by an adoption agency?

You should contact your local authority adoption service or an adoption agency to discuss your plans to adopt a child from abroad (both local authorities and approved adoption agencies have a duty to establish and maintain a service that covers both domestic and intercountry adoption).

The local authority/ adoption agency will then carry out an assessment on you and, if you are a couple, your partner. (Privately commissioned home study assessments are not acceptable). This involves in-depth interviews with a social worker, medical and police checks. The information gathered will be presented to the social services department/ agency's adoption panel and agency decision maker in the form of a report. A senior manager at the local authority or adoption agency will then decide whether they can approve you to adopt a child from a specific country, taking into account the panel's recommendation.

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How long will this process take?

Usually about six months to a year, but it can vary depending on the adoption agency and may this time may vary.

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After approval – processing by DCSF case work team

What happens after I have been approved by an adoption agency?

The adoption agency will forward your assessment and related papers to the Department for Children, Schools and Families.
Your application will be passed to the intercountry adoption casework team, who will acknowledge receipt of your case. The casework team is required to check that your application is complete and that it appears to have complied with the law. If your documentation is incomplete or there are queries which need referral back to the adoption agency, your application may be delayed. At each stage of the process, the Casework Team will need to be satisfied that your documentation is correct and that both UK legislative procedure and the foreign country's requirements have been met.
Once the Casework Team is content that the application is complete and has complied with the law, it will normally issue a Certificate of Eligibility and Suitability to Adopt. You and your adoption agency will be notified that this has happened. Receipt of this notification is a legal condition that must be met before you are able to bring a child into the UK for adoption.
Your papers will then have to meet the requirements of the country you are adopting from. This may include getting your papers processed through your Notary Public, the legalisation branch of the Foreign and Commonwealth Office and, if necessary, the foreign country's Embassy in London . When the necessary work is complete, your papers will be sent, by the casework team, via courier to the relevant authority in the child's country.

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Matching with a child

What happens after my application has been sent abroad?

When the relevant authorities in the other country have received your application they will look to match you with a child. DCSF, your lawyer or foreign adoption agency will advise you of the procedure for the country in question. (Check the ‘Country requirements’ webpage.)

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How long will it take for me to be matched with a child?

.Currently this can take anything from from a few months up to several years, depending on which country you are adopting from. You might like to consult the DCSF information sheets on individual countries, which may offer further guidance on this.

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What happens after a match has been made?

DCSF, your lawyer or adoption agency will be able to advise you in more detail of the procedure in the country from which you wish to adopt once a match has been made. The Department's procedure information sheets also contain helpful information.

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Do we have to meet the child before adopting him?

Yes, it is essential that if you are adopting jointly, both of you travel to the child's country to meet him/her before you proceed to adopt the child. This is because you are making a joint decision and a joint commitment to the child.

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Adopting the child in the other country

I have received a match from the foreign agency, what do I do now?

Procedures vary from country to country, so you should contact DCSF, your lawyer or adoption agency for advice on this. Usually there will be an adoption hearing at a court in the country you are adopting from. (See the relevant DCSF information sheet for the country in question).

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What requirements will I have to meet?

Again, you should consult the DCSF, your lawyer or adoption agency for advice on this, since procedures differ between countries. (See the relevant DCSF information sheet for the country in question.)

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Brining the child home - immigration

What do I need to do before bringing the child back to the UK ?

Once you have adopted the child, you may need to make an entry clearance application at the Embassy/Consulate/High Commission nearest to where the child is living. The Entry Clearance Officer (ECO) will consider the application and if he is satisfied that the requirements have been met, he will ask the Department for Children, Schools and Families for advice as to whether the adopter has been assessed and approved lawfully. The ECO will also check any papers available relating to the child and how he/she became available for adoption. If there are any inconsistencies or concerns, these will be investigated.
The ECO will consider the application and make a decision about entry clearance.

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What requirements will I have to meet?

You should ensure that the following documents are supplied to the ECO when submitting the application as the Department for Children, Schools and Families need to see them before giving advice to the ECO over the application:
the child's original (if available) and new birth certificate;
parental consent (only valid if given six weeks after the birth of the child) or a certificate of abandonment from the relevant authorities;
an adoption/guardianship order; if there is no adoption/guardianship order, written permission from the relevant authorities of the country concerned that they are content for the child to leave the country and travel to the United Kingdom to be adopted by the prospective adopter(s);
a recent medical report on the child. It is recommended that you use the BAAF Adoption and Fostering intercountry adoption medical form which you can get from the BAAF Adoption and Fostering website .
If the child is seven- years-old or more, a report of the interview with the child in which the child's view and understanding of the proposed adoption is clearly stated.

Documents must be translated into English and notarised. If you or your agency do not forward the child's details to the Department for Children, Schools and Families for consideration before you apply for Entry Clearance (EC) at the British Embassy/Consulate/High Commission, the Department will need more time to consider the EC application.

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Adopting the child in England

What do I do once the child has arrived in England ?

Unless you have adopted from a country on the Designated List, or you have a Convention adoption, you are required to notify your local authority within 14 days of your arrival. You must tell the local authority whether you intend to adopt the child or not to provide them with a home. If you have adopted a child from a country on the Designated List or by a Convention adoption, then you are not required to give your local authority notice. However, you may wish to do so as they will be able to give you information about adoption support services.

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How long do I have to wait before I can adopt the child in a UK court?

As long as you have complied with the requirements and procedures set out in the regulations, then you will be able to apply to adopt your child after you have lived with him/her for six months. If you have not complied with all the requirements and procedures, then you will have to wait twelve months until you can apply to adopt them.

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Will the adopted child become a British citizen once I have adopted him or her?

Not automatically, unless you have adopted the child under the Hague Convention, in which case the child will automatically receive British citizenship if you or your partner is a British citizen and both of you are habitually resident in the UK .
If you have adopted a child from a country on the Designated List, you will need to apply to the Home Office Immigration and Nationality Directorate for citizenship.
If your child was adopted in a non-designated, non-Hague Convention country, you will need to re-adopt in England. An adoption order made in this country automatically confers British citizenship on the child provided either you or your partner is a British citizen at the time the adoption order is made and both of you are habitually resident in the UK .

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Post-adoption

Is there anything I will need to do after the adoption?

Most countries require progress reports (known as Post-Placement Reports ) to be sent to them at regular intervals. The progress reports are usually required to be completed by the local authority or voluntary adoption agency registered to work on intercountry adoption. It is therefore important that you maintain contact with your local authority or voluntary adoption agency in order to comply with this requirement.
The frequency of these reports varies - see DCSF country information sheets for details.

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How long will I need to wait before adopting a second child?

Good social care practice recommends that you wait at least 12 months after adopting the first child before you start the process of adopting a second child.

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Where can I get information and support, and meet other intercountry adopters?

All local authorities are now required to provide a comprehensive adoption support service. Intercountry adopters and intercountry adoptive children are entitled to an assessment of their needs for adoption support. Services which may be provided include counselling, advice, information, therapeutic services, services to ensure the continuation of a relationship, and services to assist in case of disruption of adoption placements. You should contact your local authority for more information.
Details of adoption voluntary agencies can be found under ‘Links and addresses’.
emailemailemailYou will also be able to meet other prospective intercountry adopters and those already with experience of intercountry adoption at the preparation course your local authority or voluntary adoption agency will arrange for you to attend when you have expressed an interest in proceeding with an intercountry adoption application.

Please note that DCSF is not responsible for the content of external links, and if you remain unsure about anything contained in them, you should seek advice from the DCSF Intercountry Adoption Team or obtain your own legal advice.