Adopt partner's non-EU child in UK

[mik118811]

My partner and step-child are nearly 1 year into the 5 year marriage/family visa, we discussed adopting my step-child in the UK because we live here, i saw recently that an adopted child can apply for a british passport if one of the parents is a british national. Does anyone have experience or know If that is the case if this was done before the next visa is due to be applied for would that mean my step-child would not be subject to immigration and could remain in the UK as i have adopted them, then only my partner would need to apply for the next extension?

[Zerubbabel]

Hello

Adoption is a nightmare especially when it's international. UK authorities cannot decide alone of the adoption of a foreign kid then give him a British passport. Technically, he is a foreign national so UK authorities have no jurisdiction to get him adopted.

You need to start looking on his/her home country if they let you adopt him. Knowing that many countries, such as Islamic, they never allow full adoption but you can be his career under very strict qualifying conditions decided by a judge there.

This page may help:
https://www.gov.uk/child-adoption/adopt ... m-overseas

But you will see that the application will go to the child home country.

This is another interesting post:
https://www.freemovement.org.uk/theis-c ... -children/

[mik118811]

wow thanks for this, i had contacted the local council agency and explained the situation a few months ago but they said in my area there is a minimum period of living together in the UK which varies from area to area so they couldn't proceed but provided information for the minimum period had elapsed but it looks like they overlooked the fact that the child is a non-uk citizen despite me telling them that when i asked for information. I will keep the links you sent to hand though

[Br28016]

Actually in the same situation and the local authority and courts are aware of fact that child is from overseas. Link provided is for adopting a child from overseas as opposed to adopting a child who is already in the UK. Also need to remember this is step child adoption which is simpler. One key issue is that other parent will need to be informed of adoption and their views taken into account. If dead or not on birth certificate then process is simpler.

Also met another couple who have done same thing and children have British passports so it is definitely possible.

The key issue is the amount of time taken to do it. Start as soon as possible.

If you check citizenship laws overseas child adopted in UK court with one British parent is automatically a British citizen.

Process where we are is that need to inform Local Authority and they will kick start the process. Legally there is a requirement to wait three months before submitting family court application. Our local authority wanted to do most of checks before we submitted to court so took bit longer than three months. We submitted application and process in our case took bit longer as courts have to consult home office to see if any objections although was informed that that rarely happens.

Currently waiting for courts to write to local authority to provide adoption report which I'm informed should happen soon. No issues raised to date that not possible and as all parties (child mother and step parent are in uk) it is covered under UK law.

Do need to keep chasing if want to get things happening in short period as think we are approaching a year since starting the process. Covid will not help the timeline

If want to go down this route then worth doing as sorts child out and provides certainty on their future in case anything happens to biological mother.

The child is then in same situation as a biological child of stepparent and this is a new legal dynamic so need to be sure that is what child mother and stepfather want.

Saves sone money but make sure doing for right reasons.

[mik118811]

good to hear from someone going through the process. and yes certainty over if something happens to the child's mum is one of the reasons for doing it, but one of many reasons for the family.
I was told by our local agency that they have a minimum period of 2 years living together as a family in the UK before it is possible to start the process so it was put to one side but when i saw and read the article about adopted children gaining citizenship i wondered if it was really the case and so put the question on here. Our immigration solicitor doesn't know any of the rules on adoption and didn't know anyone that would have the information so couldn't help and local solicitors didn't seem to know the process either and didn't want to be involved, so it was a case of investigating myself and i got as far as being told to wait until 2 years had passed in the UK. We are now 14 months into that so not too long to wait now.
Hope it all goes through ok for you and your family.

[Br28016]

Don't think you need solicitors and we haven't used any either for visas or adoption. I'm a fan of doing my own research and reading a lot.

One thing to be aware of us that adoption will be recognised in UK but not necessarily abroad so may be necessary to do work abroad if want to retain child's original citizenship especially if change name.

In our case the child is from philippines and we are changing surname so will have problems getting a philippines passport unless we get court order in philippines recognising UK adoption. If we keep philippines passport running in original name then probably possible but then run into problems with UK passports not liking passports in other names so in short term will probably have to let philippines passport lapse. Not to worried as I'm going to pursue an Irish passport as well for children which will be bit easier although several hoops to jump through on that one.

Does take a lot of time to do although in theory could be as low as six months so need to start as early as possible