Adoption and citizenship

[pennylessinindia]

I am British (all relatives British) Living in India married to an Indian. married over 4 yrs. we are looking into adopting. If we have a child of my own here the child will be able to have a British P Port etc however It appears from what I have read on line that is not the case if we adopt here and stay here after the adoption?
thanks

[JAJ]

I am British (all relatives British) Living in India married to an Indian. married over 4 yrs. we are looking into adopting. If we have a child of my own here the child will be able to have a British P Port etc however It appears from what I have read on line that is not the case if we adopt here and stay here after the adoption?
thanks

You would have to apply for the child to be registered as British under section 3(1) of the British Nationality Act.

It would only be granted if the adoption met British standards, and I'm not sure if India is a qualifying territory.

[pennylessinindia]

It would seem that India has signed up to the convention
But all the information in the British Nationality Act makes reference to adoption and person resident in the UK

[JAJ]

It would seem that India has signed up to the convention
But all the information in the British Nationality Act makes reference to adoption and person resident in the UK

Firstly it looks like India has signed up to the Hague Convention on Intercountry Adoption.
http://www.hcch.net/index_en.php?act=te ... lay&tid=45

So an adoption in India that is certified as meeting Hague Convention requirements should normally be acceptable for passing on British citizenship, if you would have been qualified to pass on British citizenship to a natural child.

Were you yourself born in the U.K.?

However, even under a Hague Convention adoption, the child will not automatically get British citizenship under section 1(5) of the British Nationality Act because you are not habitually resident in the U.K.

So the right approach is, once the adoption process is completed, to apply for the child to be registered as a British citizen under section 3(1) of the Act, which allows any child to be registered as British.

The Home Office does not publicise this in any way, but you can see the policy in Chapter 9, section 9.8 of the Nationality Instructions.
http://www.ind.homeoffice.gov.uk/lawand ... ns/nismenu

The child does not have to be living in the U.K. for this kind of registration.

You should read it carefully to see if it applies to your case and come back with any questions.

Bear in mind that an application for section 3(1) registration must be made before child turns 18. There is no flexibility on this.

Also bear in mind that the child will immediately lose Indian citizenship upon being registered as British but maybe this is not so important.

[pennylessinindia]

I was born in the UK.
The link you gave is very interesting and similar to other information however it remains unclear as India has signed hague but is not on the list of designated countries "• Adoptions in non-designated countries, and which are not Hague Convention adoptions, are not recognised in UK law." 9.8.4

[JAJ]

I was born in the UK.
The link you gave is very interesting and similar to other information however it remains unclear as India has signed hague but is not on the list of designated countries "• Adoptions in non-designated countries, and which are not Hague Convention adoptions, are not recognised in UK law." 9.8.4

But if you adopt in India, why would it not be a Hague Convention adoption?

[pennylessinindia]

According to the list India is not designated but signed Hague???

Further in the guidance it suggests that children may be better off waiting til they go to the UK and gain citizenship Via ILE route is that a "better" way to gain citizenship?

[JAJ]

According to the list India is not designated but signed Hague???

As far as I can tell, it's ok if the adoption is either in a designated country OR is a fully compliant "Hague" adoption. Do all Indian adoptions fall into this category?

Further in the guidance it suggests that children may be better off waiting til they go to the UK and gain citizenship Via ILE route is that a "better" way to gain citizenship?

Where do they say that? It doesn't make sense.

[pennylessinindia]

I think the legal adoptions will meet the hague requirements - I thought the that the designated was and "and" not an "either" but I stand to be corrected and it makes so much more sence if it is either or.

Sorry my second part was not clear it come from the guidance issued on citizenship of children acquired overseas. My understanding ( which could be very wrong) is that after adoption in India I could apply for citizenship given the either or route but the child would have it by decent but If we waited til we settle back in the UK it would be otherwise than decent and would allow the child in the future to pass on citizehsip if it moved from the UK but the first way done in India would not?

[pennylessinindia]

Just wondered if my last post was too convaluted hope someone is able to answer the question re the better place India or UK to apply for citizenship
Thanks

[JAJ]

Sorry my second part was not clear it come from the guidance issued on citizenship of children acquired overseas. My understanding ( which could be very wrong) is that after adoption in India I could apply for citizenship given the either or route but the child would have it by decent but If we waited til we settle back in the UK it would be otherwise than decent and would allow the child in the future to pass on citizehsip if it moved from the UK but the first way done in India would not?

It doesn't matter where you apply for citizenship. What matters is the clause under the British Nationality Act 1981.

Adopted children overseas are registered as British citizens under section 3(1) of the Act. This confers British citizenship by descent only if one of the child's parents (not adoptive parents) was a British citizen when the child was born. So most children adopted overseas and registered under s3(1) get British citizenship otherwise than by descent.

As far as I can tell the provisions for automatic acquisition of citizenship by adoption only apply to those resident in the U.K.

[pennylessinindia]

It doesn't matter where you apply for citizenship. What matters is the clause under the British Nationality Act 1981.

So most children adopted overseas and registered under s3(1) get British citizenship otherwise than by descent.

As far as I can tell the provisions for automatic acquisition of citizenship by adoption only apply to those resident in the U.K.

So does that mean that a child adopted in India can pass on citizenship if he or she has his own children and does not live in the UK

If we return to the UK but have not acquired citizenship in India and then apply for the naturlasiaton route will the child then by able to pass on citizenship if he or she returns to India..

Sorry for the slow reply do not seem to get the email notification
Thanks for your continued replies. Just want to do the best thing and not make a mess by doing things quickly then find better to wait!!

[JAJ]

So does that mean that a child adopted in India can pass on citizenship if he or she has his own children and does not live in the UK

Yes - if registered under s3(1) and neither natural parent is British at the time of birth.

If we return to the UK but have not acquired citizenship in India and then apply for the naturlasiaton route will the child then by able to pass on citizenship if he or she returns to India..

A child under 18 cannot be naturalised, so in adoption cases where the automatic provisions of section 1(5) of the Act don't apply, registration under s3(1) is the only way. Doesn't matter if the child is living in the U.K. or elsewhere.

[pennylessinindia]

Yes - if registered under s3(1) and neither natural parent is British at the time of birth.


A child under 18 cannot be naturalised, so in adoption cases where the automatic provisions of section 1(5) of the Act don't apply, registration under s3(1) is the only way. Doesn't matter if the child is living in the U.K. or elsewhere.[/quote]

Thanks that is great and clear - no doubt by the time I get to doing it things will have changed!!!!!!!