What is the process of international adoption?

The matching process can then commence, with the adoptive parents specifying from which country they wish to adopt. The relevant authorities in the other country will match the prospective adopters with a child. After the matching has occurred, the processes from there will depend on what type of adoption is being made.

There are three main types of international adoptions: ‘Hague Convention’ adoptions (adoptions to the UK of a child from a country in which the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption is in force); ‘Designated List’ adoptions (adoptions from countries listed in the Adoption (Designation of Overseas Adoptions) Order 1973); and ‘Other’ adoptions (adoptions which are neither Hague Convention adoptions nor designated list adoptions).

In a Hague Convention adoption, the relevant foreign authority will send documents on the child to DCSF, who will forward them via the adoption agency to the prospective adoptive parents. In non-Hague cases, the information might be sent directly to the prospective adoptive parents by the adoption agency abroad, or it may be sent to the DCSF. The adoption agency and the prospective adoptive parents then meet to discuss the match.

If the prospective adoptive parents want to go ahead with the adoption at this point they will then travel to visit the child in their home country and then notify their adoption agency that they wish to proceed with the adoption.

Hague Convention adoptions are recognised under UK family law and thus there is no need to readopt the child in the UK. For Designated List adoptions, these are also recognised under UK family law and there is therefore no need to readopt the child in the UK. For other adoptions, these are not recognised in the UK and therefore the adoptive parents will need to apply for an adoption order in the UK.

There are also immigration considerations which will differ depending on the type of adoption. Notice requirements also apply if an application will be made for an adoption order in the UK.

International adoptions can be complex and you should seek legal advice from a family solicitor. Serious penalties can apply for failing to comply with the law on international adoptions. Therefore the help and legal advice of a family solicitor with expertise in international adoptions will be necessary.

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