Mumsnet Talk

Hi everyone. I am a single parent to two beautiful under-fives, both adopted in the EU (I live and work abroad). My adoptions are not designated 'international' but 'domestic' to the country I live in. Therefore I have been told that there is no automatic granting of citizenship. I have tried to find out how to proceed to get this sorted. My local British embassy is, frankly, useless and has no idea of what to do or how to assist me. I have been in touch with the BAAF and other groups/charities and the UK border authority. No-one seems to know what I need to do to sort out citizenship for my kids. Also is there a difference between them becoming British citizens and Nationals, or is it the same thing? I don't want them to have problems with inheritance or residency rights in years to come and want to sort it all out. I cannot readopt in the UK I don't think as I am not resident here for most of the year. I believe I can apply for citizenship for each of them and it will cost about 600 pounds each which I am disgusted by - they are legally adopted in a Hague compliant country in the EU and I just can't see why I should have to pay for citizenship for them: rightly or wrongly I believe they should be just as entitiled to it automatically as if I had travelled to China or Russia and adopted internationally! Has anyone got any experience of this or any suggestions of who I can contact?

The problem is not really EU country vs. China or Russia I think - it's that all adopted children can't automatically gain either citizenship or entry to the country unless the proper adoption process was proven to be followed. It's no different for a Chinese child or a Russian child. I did have a cursory glance at the Border Agency website and it does specifically say they will grant citizenship only where the adoption satisfied UK law as well (ie. UK homestudy etc). Whether there is a way around that I don't know

Gaining citenzenship and immigration depends on doing an international adoption. Which doesn't necesarily mean you live in the UK, but you have to be approved by a UK body to adopt, followed by registering with the government etc etc. I did hear of a couple who lived outside the UK but were visited by a UK SW who flew out to them to do a UK homestudy. But in your case it's irrelevent as the adoptions are complete. Your problem is that you didn't follow the UK's adoption law to adopt the children. And so your children can't be granted entry visas or citizenship into the UK now without a long and complicated legal process.

I don't really know who to contact for this though as I don't have any experience. A poster called Kew might have advice since she adopted internationally (though through the UK so not in your situation). I think you will need a lawyer with some considerable experience with regards to immigration issues and/or adoption in order to complete the process

has the adoption process been completed in the EU?
if yes, then the UK has to accept the children as your children afaik and you should be able to apply for british passports.

but I am sorry, I have no clue as to where you could start.

I have found this, maybe it is helpful

Maybe freedom of movement/entry into the country on a valid EU passport, but not British Citizenship. If your children were to grow up they could then secure university or a job in the UK and come into the country (as EU nationals). But OP wants them to become British and doesn't intend to move back anytime soon from what I gather from her post.

OP - I think British Nationality and British Citizenship are the same thing, at least my passport says I have British Nationality

I don't actually know the answer to this, but I would presume that a child adopted while you were living abroad should have the same rights as a child born to you while you were living abroad.

The only person I know who has done this was living with her (French) husband in France and followed the domestic procedure in France. I know her child has dual citizenship, French and English, through his parents.

Do you currently have passports for the children?

I don't know about the case with adoption, but I do know that there are two kinds of British passports. The first is full citizenship, for people born in the UK, or who were born abroad of at least one British parent and then spent at least 3 years in the UK before they are 18. These people have full rights of residency, pensions etc. The second kind is for people born abroad with a British parent (whether birth or adoptive) who do NOT spend 3 years living in the UK before 18. These people are not, for example, entitled to pass on British citizenship on to their own children (and this is of interest to me as it will probably apply to my own children who were born and have always lived abroad). It helps then for your DC to have a second citizenship which can be passed on.

My experience of British embassies and consulates is that they passively stand in the way of people getting citizenship - maybe they get a bonus for each one they prevent <bitter laugh>.

Agree that the person who will know about this best is an immigration lawyer.

I'm not sure if I have time to address this fully tonight. But first of all you need to check that the country you have adopted in is recognised as valid by the UK as a lawful adoption (under UK law)

Only adoptions made by order of a court in the United Kingdom or Islands or in one of the countries or
territories listed below are recognised under United Kingdom statutory law.
a. Commonwealth countries
Anguilla Malaysia
Australia Malta
Bahamas Mauritius
Barbados Montserrat
Belize Namibia
Bermuda New Zealand
Botswana Nigeria
British Virgin Islands Pitcairn Island
Canada St. Christopher and Nevis
Cayman Islands St. Vincent
Cyprus Seychelles
Dominica Singapore
Fiji South Africa
Ghana Sri Lanka
Gibraltar Swaziland
Guyana Tanzania
Hong Kong Tonga
Jamaica Trinidad and Tobago
Kenya Uganda
Lesotho Zambia
Malawi Zimbabwe
b. Foreign countries
Austria Luxembourg
Belgium The Netherlands
China (but only where the child (including the Antilles)
was adopted on or after Norway
5 April 1993 and will be living Portugal (including the
in England or Wales, or on Azores and Madeira)
or after 10 July 1995 and will be Spain (including the
living in Scotland, or on Balearics and Canary
or after 19 February 1996 and will Islands)
be living in Northern Ireland) Surinam
Denmark (including Greenland Sweden
and the Faroes) Switzerland
Finland Turkey
France (including Reunion, United States of America
Martinique, Guadeloupe and Yugoslavia (but none of
French Guyana) the states which make up
Germany the former Yugoslavia)
Greece
Iceland
The Republic of Ireland
Israel
Italy

If the country you are in is on that list then just apply to the embassy for a british passport for your children a legally adopted child has the same status under UK law as a birth child. The embassy can check it out with the FCO in London if they aren't sure how to proceed.

The only difference I believe is if the adoption was made in order to circumvent the immigration laws. However assuming you are a resident of the country and the children were adopted a little while ago (say a year) that shouldn't be a problem.
If you aren't on that list then you have to have been acting as a de facto family for at least 18 months and some extra stuff...

Im sure it doesnt help you toknow this but uk citizenship is not automatic for thise adopting in russia or china. In fact many people re adopt in the uk because its so complex, lomg and expensive. £600 is a lot less thna many people pay here.

Hi

We lived in and adopted in Singapore 5 years ago (Singapore was non-Hague at that point). The following list was given to me by the (pretty hopeless) High comm there. In addition we later had to supply consent from birth parents and police clearance. The key aspect was that the adoption had to be legal in country of birth and residence. The naturalisation was at the discretion of the Home Secretary, and actually came through in about 4 months.

Hope it helps, and good luck.

REGISTRATION OF AN ADOPTED CHILD UNDER AS A BRITISH CITIZEN
(w.e.f 1 June 2005 & revised on 8/9/2006)

1. Completed MN1(you may download the application form at www.ind.homeoffice.gov.uk)

2. Child’s country of origin birth certificate and current passport

3. Child’s birth certificate bearing adoptive British parent/s details

4. Adoptive parents’ long version birth certificate and current British passports
(if just one parent is British, we require only from the British parent)

5. Adoptive parents’ marriage certificate

6. Singapore Adoption certificate
(For adoption certificate issued outside Singapore: the local representative in Singapore should verify the adoption certificate)

7. A contemporary report from the overseas equivalent of the Social Services Department which details:

“the child’s parentage and history; and the degree of contact with the original parents(s); and the reasons for adoption; and the date, reasons and arrangements for the child’s entry into an institution or foster placement; and when, how and why the child name to be offered to the adoptive parent(s)”

8. Confirmation that all relevant adoption laws from the country the adopted child came from has been complied with.

9. Evidence of the adoptive parents’ country of habitual residence: it is your responsibility to check whether you retain habitual residency in the United Kingdom. You have to provide a sworn statement (witnessed by a lawyer), which should say something along the lines of: "I confirm that I have received independent legal advice and with reference to all circumstances of my particular case and in light of existing UK law, I can confirm that I am not habitually resident in the UK"

(a) where the parents are habitually resident in the UK, confirmation from the DfES (for those in England and Wales), from the Scottish Executive (for those parents in Scotland) or from the Department of Health Social Security and Public Safety – Northern Ireland (for those resident in Northen Ireland) that they have been assessed and approved as eligible to become an adoptive parent;

or

(b) where the parents are not habitually resident in the UK, confirmation from the equivalent of the Social Services Department in their country of residence that all relevant adoption laws have been complied with.

10. Fee payable for the registration (by cheque or cash) in Singapore currency only:
£400 x daily exchange rate in S$ + S$177 (subject to change)

The above documents listed from (2) to (9) to be produced in originals, accompanied by 2 sets of photocopies. (in some cases, additional information and documents may be required to establish national status).

PROCESSING TIME: ABOUT ONE YEAR (application has to be referred to the Home Office, Liverpool.

"Therefore I have been told that there is no automatic granting of citizenship"

Who told you this?

And do you DCs hold the nationality of your current location (presumably their place of birth)?

I'm sure this is all sorted out now as it was posted so long ago (sorry only just read it) - but just to say I adopted my two (from Russia) while living in Belgium. Apply using the MN1 form through the British embassy as Oldnewmummy says above - this should give you British citizenship for your children and after that you can apply for their British passports.
It's not legally "automatic" that you get their citizenship but in effect it works as it's granted "at the discretion of the Home Secretary". What it doesn't seem to provide though, is any automatic legal recognition of you and the kids as family under British family law. So you don't get a UK adoption certificate for the kids, and I'm not sure what happens for inheritance purposes etc., if you don't go ahead and re-adopt if you move back to the UK.
Anyone else with experience of this, as I'm due to move back to the UK this summer and am not sure if it's a good idea to pursue re-adoption there or not? After all - they have their passports and citizenship already.

Now you're worrying me!

We're now in Australia and have an Australian-made will since most of our assets are here. Wasn't a problem naming our son as our son/heir, IYSWIM.

Presumably if you name your children in your will and they're your legal children then no issue. I guess it COULD be a problem if you die intestate?