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Intercountry adoption
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Adoptions by British citizens residing abroad
British citizens who are living and working abroad may be able to adopt a child according to the laws of that country. However, UK adoption law will still apply if you are considered to be habitually resident in the UK. You may still be habitually resident even if you are living outside the UK, Channel Islands and Isle of Man at the time of the adoption or beforehand. If you are in any doubt as to whether or not you are habitually resident in the UK you should seek independent legal advice. In all cases, British citizens must ensure that they follow the requirements and laws of the relevant country or countries.
If British citizens are able to apply to adopt a child in the country in which they are residing they should be assessed and approved to adopt according to the procedures of that country. Once an adoption is effected the relevant authorities may monitor the progress of the adoption placement according to their laws.
Where a British citizen is resident abroad and wishes to adopt under the law of that country, the Department for Children, Schools and Families has no role in the matter. However, some countries may require a statement of some description from the UK Government. In response to this, the Department for Children, Schools and Families, the Foreign & Commonwealth Office and Home Office have discussed the issue and collaborated in producing a “No objection” letter which can be presented to the authority which requires such a statement.
Before such a letter can be issued, British Citizens will need to provide a sworn statement to the effect that:-
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they have sought independent legal advice on the question of their ‘habitual residence’, and
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this advice has confirmed that they are no longer habitually resident in the UK.
Such a statement must be sworn and signed in front of a solicitor who is a Commissioner for Oaths, which may incur a fee.
Once obtained, the sworn statement should be sent to;
The Team Leader
Adoption Policy Team
Caxton House
Tothill Street
London
SW1H 9NA
The team leader can then arrange to issue the “No objection” letter. Alternatively the sworn notarised statement can be taken to the nearest British Embassy where the letter can also be obtained.
If the adopters wish to return to the UK at some point they will usually be required to apply to the nearest British diplomatic post for entry clearance for the child.
If a particular country requires an assessment from the UK, it may be possible for applicants to be assessed in the UK. In such cases applicants should approach their local authority or a voluntary adoption agency registered to work on intercountry adoption to discuss undertaking an assessment. The assessment includes a number of meetings between the social worker and the applicants in the space of a few months. The adoption agency would need to agree to undertake the assessment in "bite size chunks" to fit in with the applicant's visits to the UK.
Cambodia and Guatemala
DCSF policy is that 'letters of no objection' are not generally issued for proposed adoptions from Cambodia or Guatemala as this would be inconsistent with the Government's policy position on adoptions from these countries.
A suspension of adoptions from Cambodia has been in place since June 2004.
A suspension of adoptions from Guatemala was introduced on 6 December 2007.
DCSF would only expect to issue 'letters of no objection' in respect of proposed adoptions in/from Cambodia or Guatemala in exceptional circumstances.
Anyone wishing to request an exception should write to the Department setting out their case to:
Adoption team
Caxton House
Tothill Street
London
SW1H 9NA
or by email to ica.darlington@dcsf.gsi.gov.uk
Any application will be considered on its individual merits. A decision about any application for an exception will take account of the best interests of the child and all the facts of the particular case.
Please refer to Department for Children, Schools and Families fact sheet on intercountry adoption procedures and the Home Office Intercountry Adoption leaflet .
