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Non-resident Brits adopting abroad

(4 Posts)
Nomadique Sat 10-Feb-18 21:48:45

Hiya all! I am hoping that someone can help with some advice on this situation.

Tom and Anne are both British Citizens. They live in Country A. Tom also holds a passport in Country A, and Anne has a spouse resident permit in Country A.

They are looking to adopt a baby in Country A and will be meeting all the requirements of Country A. The baby will hold the passport of Country A and the whole family is looking to live in Country A for the foreseeable future.

What would happen if the family wants to move to the UK? Will the adopted baby get a British passport?

This is the guidance... but I am still a bit at a lost!
www.gov.uk/government/publications/guidance-on-how-adopted-children-can-become-british/intercountry-adoption-and-british-citizenship

Any experience or thoughts?

tictoc76 Sat 10-Feb-18 22:38:30

One the child is adopted and your child they would have the same rights as a birth child to have citizenship of country of parents. Not exactly sure how visa might play into it if country a is a non Hague country.

I would advise calling intercountry adoption centre which is based in London and should be able to advise you.

Nomadique Sat 10-Feb-18 23:29:13

Thank you Tictoc. Country A is a Hague country. The issue (if it is one) is that the parents will not be habitually resident in the UK at the time of the final adoption order... I will try the intercountry adoption centre!

Allington Fri 16-Feb-18 11:39:12

If you are not habitually resident in the UK when you adopt, then your adopted child is not entitled to UK citizenship automatically, in the way a birth child was. If the adoption was in a Hague Convention country then you can apply for citizenship.

If they don't live in the UK then they are probably not 'habitually resident' - depending on circumstances though, the High Court refused to give a definition and said each case should be decided according to the specific situation.

I know a couple who persuaded the South African authorities that they were habitually resident in SA so they could be assessed there (the parents have to be assessed as suitable in the country they are habitually resident), then persuaded the UK authorities they were habitually resident in the UK as they still had a property there, bank accounts etc

I think they were lucky though!

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