This National Adoption Week we want to shine a spotlight on immigration and adoption. We’ve previously looked at different situations where immigration law intersects with adoption law including position of adoptions under the terms of the Hague Convention, overseas adoptions recognised by UK law, overseas adoptions not recognised by UK law and de facto adoptions. In this blog post we want to focus on how a UK adoption confers British citizenship on children and the significance of this for blended international families.
Adopted children who are automatically British
Children who are adopted by at least one parent who is British and habitually resident in the UK at the time of the adoption order are automatically British. When a child is automatically British at the time of adoption a British passport application can be made without any prior steps.
This can commonly be seen when a step-parent adopts a step-child. Adoption allows a step-parent to make important decisions in their life and can make them feel more involved in supporting a child. It ensures that a step-parent's role, rights and responsibilities are recognised in the event of the death of the birth parent. If a step-child is already in the UK and holds a different type of visa, such as a dependant visa, adopting the child through a UK court could confer British citizenship on the child. This would eliminate the need for future visa applications and secure the child’s long term future in the UK.
The prospective adoptive parent will apply for the adoption through the court. When a step-parent wishes to adopt a step-child, the child must be living with them before the order is granted. The biological parents of the child will usually be asked to give their consent to the granting of the order and the child themselves will have to consent if they are over 12 years old.
It also has to be shown that it is in the child’s best interest for the adoption order to be granted. Reports will be carried out by the local authority and by an independent reporter called a curator ad litem who is appointed by the court.
Case study
Jack is British. His wife, Sophie is not British. He has recently made successful visa applications for Sophie and her 3 year old daughter Joan from a previous relationship, to join him in Glasgow. Sophie has “sole responsibility” for Joan, her biological father has played no part in her upbringing. Jack adopts Joan. On the granting of the adoption order by the court, Joan becomes a British citizen and can apply for a British passport. Sophie will still need to submit her partner visa extension application, indefinite leave to remain application and citizenship application, if she wants to hold British citizenship in line with her husband and daughter.
Our Family Law team and Immigration team work closely together to help smooth the process for you and your family. Individuals who require further information and advice about adoption and immigration should contact our specialist immigration team on 03330 430350 .
