On 6 June 2024, the UK Government introduced Appendix Adoption of the Immigration Rules to simplify the immigration process for parents looking to bring their adopted children to the UK.

What do these updated international adoption rules mean for parents?

Appendix Adoption replaces existing provisions for children entering the UK for adoption in Part 8 of the Immigration Rules. The new Appendix and its accompanying guidance aims to provide clearer and more consistent international adoption rules. The adoption routes, rules and evidential requirements are now easily identifiable making the whole process more user-friendly.

There are four adoption routes defined by Appendix Adoption:

1. Hague Convention: this route applies where the adoption is via an adoption agency under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Most Hague Convention adoptions will be completed overseas, however for some countries the adoption is completed in the UK and the child must apply for entry clearance to come to the UK for the adoption to be completed.
2. Recognised Overseas Adoptions: this route allows a child to apply for entry clearance to come to the UK where they have been adopted overseas in a country where the adoption is recognised under UK law, or where the adoption has been recognised by order of the High Court in the UK.
3. De facto Adoption: this route is for a child to apply for entry clearance where the child has been living with their adoptive parent(s) overseas for at least 12 months and there has been a genuine transfer of parental responsibility.
4. Coming to the UK for adoption: this route is for a child to apply for entry clearance 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 under UK law. Where applicable the relevant UK authority must have issued the adopters with a certificate of eligibility to adopt.

Our previous blog article by Grace McGill, discusses these routes in more detail.

The key changes to international adoption rules in the Appendix Adoption are:

• Reducing immigration eligibility requirements from both the Hague Convention and Recognised Overseas Adoption routes. This includes removing the requirements for the child to have the same rights and obligations as any other child of the marriage or civil partnership; being adopted due to the inability of the original carer to care for the child; that there has been genuine transfer of parental responsibility and the requirement for the child to have lost or broken ties with their family of origin. These requirements are unnecessary as they are matters that are considered, as appropriate, as part of the formal adoption procedure.
• Where one parent is on the route to settlement, the international adoption rules stipulate that the child of that parent must meet the financial requirements under that settlement route.
• Where a child has entered the UK under Appendix Adoption and has been granted temporary permission (for the adoption to be completed in the UK or because one parent has temporary permission on a route to settlement), the child will be able to settle on the route their parent is on or under provisions in para 298 in Part 8 of the Immigration Rules once the adoption is complete and their parent has settled.
• Appendix Adoption allows a consideration of Article 8 (the right to respect for private and family life) under the Immigration Rules if other eligibility requirements are not met. This means that an application may be granted where the decision maker is satisfied the refusal would result in justifiably harsh consequences for the applicant and their family unless the applicant does not satisfy certain suitability requirements.
• Furthermore, when entry clearance (permission to enter the UK) is being sought under the Appendix Adoption, international adoption rules, a Certificate of Eligibility from the relevant Central Authority confirming the prospective adopter(s) have been assessed and approved, may be required. The guidance sets out when such a certificate is required.

We understand that securing your adopted child’s status can be a stressful time, however our team of immigration experts are here to guide you through the complex legal process and answer your questions regarding international adoption rules. Please get in touch to start your child’s immigration journey to the UK. Both Grace McGill and Roisin Dugan regularly advise on international adoption processes and UK Visa applications.

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