Planning to expand your family by adoption? What you need to know about UK citizenship rules for your new family member.

Oct 31 2024

UK Immigration

Expanding your family through adoption is an exciting time for any family. Whether the adoption takes place in the UK or abroad, it is important to understand the rules for securing British citizenship for your new family member. In this article, we provide a high level overview of UK, the Hague Convention and non-Hague adoptions, as well as requirements and limitations for each route to citizenship.

If you are adopting a child, whether within the UK or abroad, you may be wondering which rules apply to your child’s eligibility for British citizenship.

Adoption in the UK

A child will automatically acquire British citizenship if they are adopted through a court order in the UK (including the Channel Islands and the Isle of Man) or in a British overseas territory (excluding the British Sovereign Base Areas in Cyprus), and at least one adoptive parent was a British citizen when the adoption was finalised.

Legally, the child will be recognised as a ‘British citizen other than by descent,’ which grants them the same status as a child born in the UK to a British citizen. This status allows them to pass British citizenship on to their own children.

It is important to note that ‘convention interim’ adoption orders, or orders allowing children to enter the UK for adoption, do not confer British citizenship.

Adoption outside the UK and recognised by the Hague Convention

For adoptions outside the UK, the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption is an international agreement which offers an alternative pathway, known as a ‘Hague Convention Adoption.’ This process is only applicable if the countries involved are signatories to the convention. The UK joined the convention on 1 June 2003, meaning these rules apply only to adoptions completed after that date.

If the child’s final adoption order is certified as having complied with the terms of the Hague Convention on inter-country adoption, at least one adoptive parent is British, and the adoptive parent(s) were habitually UK residents at the time the adoption order is issued, then the child will automatically become a British citizen.

Similar to an adoption made in the UK, the child will also be legally recognised as a ‘British citizen other than by descent’.

Other adoptions

In other cases, such as a local adoption that is not recognised under the Hague Convention – meaning the adoption took place in a country that is not a party to the Hague Convention in respect of inter-country adoption – automatic British citizenship will not be granted. Instead, parents must apply to register their child for citizenship under section 3(1) of the British Nationality Act 1981. These applications are entirely at the discretion of the Home Secretary.

Parents may pursue this route if the child was adopted before 3 January 2014 in a ‘designated country’ or after that date in a country listed in the Adoption (Recognition of Overseas Adoption) Order 2013.

Applications are typically approved if the following requirements are met:

  • At least one adoptive parent is a British citizen otherwise than by descent.
    • The adoptive parents have consented to the registration.
    • There is no reason to refuse the registration based on the child’s character.
    • Relevant adoption laws have been complied with, including those in the UK, the country where the adoption took place, the child’s country of origin and the country in which the parents habitually reside.
    • The adoption is not solely for convenience, such as to enable the child to live in the UK.

Navigating the path to British citizenship for an adopted child can be complex, with varying requirements depending on where and how the adoption takes place. Understanding the legal routes—whether through UK adoption, the Hague Convention adoption or other international adoptions—will allow prospective parents to make informed decisions. By carefully following the necessary steps and meeting legal requirements, adoptive parents can secure a stable and promising future for their child as a British citizen.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2024

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