International Laws on Adoption

The process of adoption is from easy because international laws on adoption have several formalities involved. This makes the process of adoption more complex and time consuming. In English law, the Adoption Act of 1976 governed those who wanted to adopt children in the UK.  International laws on adoption have mostly followed the English law.

In England, an adopted child is treated as a legitimate child by law. Since 1960, the rate of adoption in England reduced due to unavailability of English infants. However, this led to rise in a number of cross country adoptions. The English citizens are now moving towards different countries to adopt children, thereby paving the way for conflict of laws.

International Laws: English Adoption

Under English law, the adoption of unmarried children below the age of 18 is allowed but  adoption of adults is restricted. According to English Law, the applicant should be domiciled in the UK, the Isle of Man or the Channel Islands. The child must have had stayed with the applicants for at least a minimum period of time allotted and can be visited by the adoption agency to check the home environment. However, there is no need for the baby to be domiciled in England.

As per English law, the rights of the child’s natural parents are terminated when an adoption order is granted by the court to the applicants. Further, it is granted in English law that no adoption should be granted in England if it is not recognized in the country of the child’s domicile.

This means that if you are an Indian who is working in England and you want to adopt a child from there and bring to India, you will have to satisfy the English court that the adoption will be valid in Indian law. If not, the English court will not pass the adoption order in your favor.

International Laws: Hague Convention on Adoption

To solve several practical difficulties associated with the English adoption process, the Adoption Act 1976 implemented the Hague Convention on the Adoption of Children. The Convention has been accepted by Austria and Switzerland. This allows the applicant parents to adopt even if they are English citizens who reside in England but are citizens of Convention nation or vice versa. The same is applicable for the child.

This type of adoption cannot take place in the following situations:

• If the child is not a UK national, the adoption order must not be made except in consonance with the domestic laws of the country of which this child is a citizen.

• If a single/married adoptive parent(s) are citizens of a Convention country, the court must not pass an order that prohibits such an order.

Overseas adoptions are entitled to recognition by English courts, without any reference to whether the parties are domiciled or connected to the country in question.