There are four types of adoption routes for children under the age of 18 years, namely the Hague Convention, Recognised Overseas Adoptions, De facto Adoption, and Coming to the UK for adoption. A recognised overseas adoption and de facto adoption routes can result in settlement on entry, depending on the parents’ circumstances.
Again depending on circumstances you can apply for temporary permission to come to the UK either to be adopted here or having already been adopted overseas.
If a child is granted temporary permission/ entry clearance under the Immigration Rules - Appendix Adoption, they would need to apply for settlement under paragraph 298 in Part 8 (Paragraph 298 in Part 8 of the UK Immigration Rules is a provision that allows certain children to obtain settlement as the child of a parent (s) or certain relatives who are already present and settled in the UK) or on the route their adoptive parent is on.
Where an adoption of a child has taken place in a country where that country’s adoption is recognised under UK law and the adoptive parent or parents were residing in that country when adoption took place, the adopted child may apply as a dependent child on the same route as their parent or parents.
There are the following 4 routes in which parent (s) who are British citizen (s) or settled in the UK can apply for entry clearance for an adopted child to come to the UK from overseas, for a child to come to the UK to be adopted, or for a child to come to the UK on the basis that the child is a de facto adopted child.
This adoption route applies where the adoption takes place through an adoption agency (an organisation or authority officially authorised to handle intercountry adoptions under the Hague Convention) under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Most adoptions under the Hague Convention will be completed overseas; however, for some countries, the adoption will be completed in the UK, and the child must make an application for entry clearance to the UK for the adoption to be completed here.
This adoption route applies where a child wants to apply for entry clearance to come to the UK on the basis that they have been adopted overseas in a country where the child’s adoption is recognised under UK law, or where the adoption has been recognised by a formal order made by the High Court in the UK.
This adoption route is for a child to make an entry clearance application to the UK where the child has been living with their adoptive parent or parents overseas for 12 months or more immediately preceding the date of application, however the parent should have assumed the parental responsibility for the last 18 months. and a genuine transfer of parental responsibility has taken place.
This adoption route allows a child to apply for entry clearance to the UK where they are in a country whose adoptions are not recognised in the UK and the child is coming to the UK to be adopted here under UK law. Where applicable, the relevant UK authority (UK Central Authority responsible for intercountry adoption in the part of the UK where the prospective adoptive parent is habitually resident) must have issued a certificate of eligibility to adopt to the adopters.
A child seeking permission to come to the UK under the Hague Convention, Recognised Overseas Adoptions, De facto Adoption, or Coming to the UK for adoption route must apply for and obtain entry clearance to come to the UK on their route. They must, if applicable, submit a valid medical certificate to prove that they have undergone active pulmonary TB (Tuberculosis) screening and that this tuberculosis is not present in them.
To be adopted on any of the 4 routes, the child must be aged under 18 on the date of the immigration application, and they must not be (or have never been) married to or in a civil partnership with anyone.
A child seeking permission to come to the UK on any of the 4 routes must prove that their adoptive parent or parents will adequately maintain them in the UK (using their income and/or cash savings) without recourse to public funds.
Another common eligibility requirement on all 4 routes is that there must be adequate accommodation in the UK. Adequate accommodation is one that must not be overcrowded and must comply with relevant public health and housing standards.
The financial evidence in all cases must be submitted in accordance with the Appendix FM-SE of the immigration rules.
They need to meet other requirements depending on the adoption route.
As of 2026, the UK has special restrictions on intercountry adoptions from Cambodia, Guatemala, Nepal, Haiti, Ethiopia, and Nigeria. These are called “restricted countries,” and the restriction applies to adoptions by people who are habitually resident in the UK.
People who want to adopt a child from a restricted country (mentioned here) will be required to provide the reasons in writing why their case is exceptional, along with supporting evidence.
The adoption and immigration status requirements of adoptive parent (s) across all 4 routes are necessary to be met for an adoption to be recognised. We have listed these requirements below for all 4 routes in detail.
For full detail for eligibility and other requirements you can check the Appendix Adoption.
The adoptive parents or parent must be habitually resident in the UK.
The adoption must take place in accordance with an agreement under the Hague Convention - Article 17(c). Article 17(c) of the 1993 Hague Convention on Intercountry Adoption is an important safeguard in an international adoption which says that a decision to entrust a child to prospective adoptive parents can only be made if the Central Authorities of both States have agreed that the adoption may proceed.
The child must have been formally entrusted to the adoptive parent or parents by the competent authority in the child’s country of origin for adoption under the Convention purposes.
The decision-maker must be fully satisfied that the adoption of the child is genuine and intended to create a real parent-child relationship and not one of convenience arranged solely as a means to facilitate bringing the child to the UK.
The child applicant must be joining their adoptive parent or parents, and one of the following must apply:
(a) Both adoptive parents of the child are British Citizens, settled in the UK, or live in the UK with a right to stay here without restriction;
(b) The adoptive parent has sole parental responsibility for the child and is a British Citizen, settled in the UK, or lives in the UK with a right to stay here without restriction.
The applicant must have been legally adopted in a country whose adoption orders are, or at the time when the applicant’s adoption took place were, recognised under UK law.
The overseas adoption of the applicant must have been conducted in accordance with a decision taken by the competent Central Authority (the applicant must supply evidence from the relevant Central Authority) or court in the child’s country of origin or residence.
If the applicant does not meet the requirements mentioned above, the adoption must have been recognised by order of the High Court in the UK.
The decision-maker must be fully satisfied that the adoption of the applicant is genuine and intended to create a real parent-child relationship and not one of convenience arranged solely as a means to facilitate bringing the applicant to the UK.
The applicant must be seeking permission to enter the UK to accompany or join their adoptive parent or parents and one of the following conditions must be satisfied:
(a) Both adoptive parents of the applicant must be British citizens, be settled in the UK, or must live in the UK with a right to stay here without restriction
(b) Where an adoptive parent has the applicant’s sole parental responsibility, they must be a British citizen, be settled in the UK, or must live in the UK with a right to stay here without restriction
(c) One adoptive parent of the applicant must be a British citizen, settled in the UK, or must live in the UK with a right to stay here without restriction, and the other adoptive parent must either already hold, or be applying for (and subsequently granted), entry clearance to the UK or permission to remain here on a route leading to settlement.
(d) Where an adoptive parent has the applicant’s sole parental responsibility, they must be applying for (and granted) entry clearance to the UK or permission to stay here on a route to settlement.
(e) One adoptive parent of the applicant must be a British citizen, settled in the UK, or must live in the UK with a right to stay here without restriction, and the decision-maker must be satisfied that there are serious and compelling circumstances which justify granting the applicant entry clearance.
(f) One adoptive parent of the applicant must already hold, or be applying for (and granted), entry clearance to the UK or permission to remain here on a route to settlement, and the decision-maker must be satisfied that serious and compelling reasons exist which justify granting the applicant entry clearance.
On the date of application, the adoptive parents of the applicant must both have:
(a) been resident together overseas for 18 months or more; and
(b) lived with the applicant for the 12 months immediately prior to the application date; and
(c) assumed the role of the parent or parents of the applicant since the start of the 18- month period, so that there has been a genuine parental responsibility transfer.
Where the adoptive parent has the applicant’s sole parental responsibility, they must, on the application date, have:
(a) been resident overseas for 18 months or more; and
(b) resided with the applicant for the 12 months immediately prior to the application date; and
(c) assumed the role of the parent of the applicant since the start of the 18-month period, so that there has been a genuine parental responsibility transfer.
The applicant must show that:
(a) the adoption is genuine and intended to create a real parent-child relationship and not one of convenience arranged solely as a means to facilitate bringing them to the UK; and
(b) They will have the same rights and obligations as any other child of the adoptive parent (s)’ family; and
(c) Their birth parent or parents or people looking after them immediately before they were physically transferred to their de facto adoptive parent’s or parents’ care are unable to care for them; and
(d) They have broken or lost ties with their biological family.
The applicant must be seeking permission to enter the UK to accompany or join their adoptive parent or parents and one of the following conditions must be satisfied:
(a) Both adoptive parents of the applicant must be British citizens, be settled in the UK, or must live in the UK with a right to stay here without restriction, or be being admitted to the UK for settlement.
(b) Where the adoptive parent has the applicant’s sole parental responsibility, they must be a British citizen, be settled in the UK, or must live in the UK with a right to stay here without restriction, or must be being admitted to the UK for settlement.
(c) One adoptive parent of the applicant must be a British citizen, be settled in the UK, or must live in the UK with a right to stay here without restriction, or be being admitted to the UK for settlement, and the other adoptive parent of the applicant must either already hold, or be being given permission to come to the UK on an immigration route leading to settlement.
(d) One adoptive parent of the applicant must be a British citizen, be settled in the UK, or must live in the UK with a right to stay here without restriction, or is being admitted to the UK for settlement, and the decision-maker is satisfied that serious and compelling circumstances justify granting entry clearance to the applicant.
The applicant must:
(a) be seeking permission to come to the UK to be adopted by an adoptive parent or parents, in accordance with the UK adoption laws; and
(b) demonstrate that their adoption is genuine and intended to create a real parent-child relationship and not one of convenience arranged solely as a means to facilitate bringing them to the UK; and
(c) demonstrate they will get the same rights and obligations as any other child of the family of the adoptive parent or parents; and
(d) be being adopted because their birth parent or parents or current carer or carers (or people looking after them immediately before they were physically transferred to their adoptive parent's care or parents' care) are unable to care for them, and the adoptive parent or parents have been genuinely transferred the parental responsibility for them.
The applicant must supply evidence from the relevant Central Authority to confirm that they have been issued a CoE (Certificate of Eligibility) if their adoption engages the requirements in:
(a) The Adoption and Children Act 2002 - Section 83; or
(b) Specified articles of the Adoption (Northern Ireland) Order 1987; or
(c) Adoption and Children (Scotland) Act 2007 - Section 58.
The applicant must be seeking permission to enter the UK to accompany or join their adoptive parent or parents, and one of the following conditions must be satisfied:
(a) Both adoptive parents of the applicant must be British citizens, be settled in the UK, or must live in the UK with a right to stay here without restriction
(b) Where an adoptive parent has the applicant’s sole parental responsibility, they must be a British citizen, be settled in the UK, or must live in the UK with a right to stay here without restriction
(c) One adoptive parent of the applicant must be a British citizen, settled in the UK, or must live in the UK with a right to stay here without restriction, and the other adoptive parent must either already hold, or be applying for (and subsequently granted), entry clearance to the UK or permission to remain here on a route leading to settlement.
(d) Where an adoptive parent has the applicant’s sole parental responsibility, they must be applying for (and granted) entry clearance to the UK or permission to stay here on a route to settlement.
(e) One adoptive parent of the applicant must be a British citizen, settled in the UK, or must live in the UK with a right to stay here without restriction, and the decision-maker must be satisfied that there are serious and compelling circumstances which justify granting the applicant entry clearance.
(f) One adoptive parent of the applicant must already hold, or be applying for (and granted), entry clearance to the UK or permission to remain here on a route to settlement, and the decision-maker must be satisfied that serious and compelling reasons exist which justify granting the applicant entry clearance.
The period of leave granted to successful applicants varies. The applicant on any route must apply for entry clearance to the UK whether they have been adopted overseas or are coming to the UK to be adopted.
Here is the period of leave granted to successful applicants on all 4 routes.
Those with successful applications will be granted entry clearance to come to the UK for 24 months to allow the Hague adoption to be completed in the UK.
Those with successful applications will be granted settlement in the UK if either:
(a) Both adoptive parents of the applicant are British citizens, are settled in the UK, or live in the UK with a right to stay here without restriction; or
(b) The adoptive parent with sole parental responsibility of the applicant is a British citizen, is settled in the UK, or lives in the UK with a right to stay here without restriction.
If the adoptive parent or parents are not British Citizens, settled or living in the UK with a right to stay here without restriction, the applicant will be granted permission that will end on the same date as the permission granted to their adoptive parent or parents.
Those with successful applications will be granted settlement in the UK if either:
(a) Both adoptive parents of the applicant are British citizens, are settled in the UK, or live in the UK with a right to stay here without restriction; or
(b) The adoptive parent with sole parental responsibility of the applicant is a British citizen, is settled in the UK, or lives in the UK with a right to stay here without restriction.
If the adoptive parent or parents are not British Citizens, settled or living in the UK with a right to stay here without restriction, the applicant will be granted permission that will end on the same date as the permission granted to their adoptive parent or parents.
Those with successful applications will be granted 24 months' permission to come to the UK for adoption.
A child can get a British passport if overseas Hague adoption takes place and fulfil the requirement of nationality and habitual-residence requirements; both adopters must meet the relevant residence requirement in a joint adoption.
They must send the adoption certificate of the child showing the details of the British parent.
They must also send:
the details of the British passport for either parent; or
a UK birth certificate for either parent; or
a Home Office certificate of registration/naturalisation for either parent
Such a child does not automatically qualify for a British passport - even if one of the parents of that adopted child is a British citizen.
The adoption may be recognised for the purpose of parental responsibility, but not for nationality purposes, depending on the country the adoption took place in.
Such a child can get a British passport if either parent of that adopted child is British and the British parent was habitually resident in the UK at the time of adoption.
Only adoptions that took place under the Hague Convention are recognised for nationality purposes. A full Hague Convention adoption certificate of the child showing the parents’ details must be sent.
Evidence of the nationality status of the British parent, such as a British passport issued before the date of adoption, must also be sent.
Those without a British passport can send other documents.
The 'Immigration Rules' and Home Office guidance on overseas adoption of children and recognition in the UK are extremely complex.
We can handle your adoption process properly at the outset to avoid any risk of refusal of your application.
We can:
Assess whether your adoption application is eligible
Assist you with the adoption process overseas, in the UK, and by the Courts in the country of origin of the child (if required)
Arrange for the legislation, translation, and notarisation of the application to adopt
Hel you gather the supporting documents
Draft an exception request supported with evidence if you want to adopt a child from a restricted country
Apply to obtain a British passport for the child and advise on their visa rights
For expert advice and queries on overseas adoption of children and recognition in the UK, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com
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