Intercountry Adoption and the 1993 Hague Convention

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A guide for the user

This guidance is also available in pdf format.

Who is this leaflet for?

This leaflet is intended for anyone who is thinking of applying to a court in England and Wales for an adoption order under the Adoption and Children Act 2002 where:

• the child, before being brought to the UK for adoption, was habitually resident in a country or territory outside the British Islands;
• the child to be adopted is habitually resident outside the British Islands;
• the prospective adopters are habitually resident outside the British Islands.

"The British Islands" means England, Wales, Scotland, Northern Ireland, the Channel Islands and the Isle of Man.

This leaflet will tell you:

• what intercountry adoption is;
• what the 1 993 Hague Convention is;
• who may apply to adopt a child;
• what information the court will need; and
• how the court will deal with your application.

It is not a definitive statement of the law. If you are thinking about adopting a child, you should get advice from: your local authority social services department, an approved adoption agency, a solicitor, a law centre or legal advice centre, or a Citizen's Advice Bureau.

You will also find helpful information about adoption on the Department for Education and Skills adoption website at: http://www.dfes.gov.uk/intercountryadoption.

For free legal information, help and advice contact Community Legal Service Direct on 0845 345345 or www.clsdirect.org.uk

Note: Throughout the remainder of this leaflet the term "permanent home" is used in place of "habitual residence". This is for ease of reading, but it should be remembered that this alternative term does not exactly match the meaning of habitual residence. If you are in any doubt about your residence status, you should seek independent legal advice as early as possible in the adoption process.