1993 Hague Convention Adoptions: A Guide to international adoption rules and process

A Convention Adoption simply refers to an adoption from overseas (also referred to as an intercountry adoption) in countries which are signatory to the Hague Convention.

The “Hague Convention” refers to the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption. The Convention provides a framework for the process of intercountry adoptions which is aimed at protecting the best interests of the child and establishes a system of co-operation between contracting countries to prevent the abduction, sale, or the trafficking of children. A Convention Adoption refers to an adoption carried out in line with the 1993 Hague Convention in a contracting state outside the UK.

Both countries must be signatory for the Convention to apply. England is one of them and an up to date list of countries that have signed up to the Hague Convention is available from:- http://hcch.e-vision.nl/index_en.php?act=conventions.status&cid=69.

If you are adopting overseas, there can be complex legal steps to recognise the adoption, however a Convention adoption is automatically recognised by other signatory countries, eliminating the need for complex and costly re-adoption procedures and it also provides for a faster, simpler and more secure route to obtaining citizenship for your adopted child.

One person, or a couple (two people living in an enduring family relationship – may be of different sexes, or the same sex, married, unmarried or civil partners) may apply, provided that the following conditions are met:

1. you are 21 years of age, (or both members if applying as a couple)
2. you have had your permanent home in the British Islands for at least one year immediately before the application, (or both members if applying as a couple); or
3. your permanent home (their home, if applying as a couple) is in a Convention Country outside the British Islands on the date the application is made to court

If you applying as one person, the following conditions must also be met:

4. you are not married/do not have a civil partner; or
5. you are married or have a civil partner and are able to satisfy the Court that:
   • your spouse or civil partner cannot be found
   • you have separated from your spouse or civil partner and are living apart, and the separation is likely to be permanent; or
   • your spouse or civil partner is physically incapable of making an application of lacks capacity (within the meaning of the Mental Capacity Act) to do so.

You will need to make an application to the nearest court that deals with adoption matters. You can find a full list of courts, and information about what type of work that do at courttribunalfinder.service.gov.uk. A fee is payable for all adoption applications.

If you are assessed as eligible and suitable to adopt, your application will be forwarded to the Department of Education if you live in England, or the Welsh Government, if you live in Wales. These are known as “Central Authorities”.

The Court will need the completed form A59 Application for a Convention adoption order, a certified copy of the child’s birth certificate and potentially further documents, depending on your circumstances.

Every case is different. The Court will determine the next steps and timetable the case to progress and ensure it obtains and considers all the necessary evidence. Such steps can include, appointing a Children’s Guardian, the Local Authority/Adoption Agency to prepare a report about the children and background information

The Children’s Guardian is appointed to act on behalf of the child. The Children Guardian files a report to the Court advising on the interests of the child/ren and give any other advice the Court asks for.

There is usually a First Directions Hearing and a Final Hearing.

A First Directions Hearing is an appointment at which the judge will consider the application and make directions to timetable the case and ensure all relevant information and evidence is before the Court. A Final Hearing is where the Judge makes their decision and judgment (a legally binding decision).

If you are thinking about adopting a child, it is very important that you seek advice from your local authority and a specialist in family law to navigate the potential complexities of an international adoption.