Illegal Adoption : No one, other than an adoption agency can arrange for the adoption of a child or give a child for adoption unless and until the adopter is a relative of the child or has a High Court’s order. The person who is adopting a child under the aforesaid situation shall also be considered to have committed an offence. It is also an offence to give or take any consideration for an adoption.
Adoption within different countries : If the applicants for adoption are not of the same nationality as the child or when the adoptive parents belong to a different country from that of the child, it is known as adoption within different countries. When a child is adopted outside UK, he will not automatically become a British citizen. The parents of the adopted child shall have to separately apply for its citizenship. However if either of the adoptive parents are a British citizen at the time of adopting the child, then the child automatically becomes a British citizen.
The English Courts also follow and respect the adoption orders followed in Scotland, Northern Island, Isle of Man and the Channel Isles.
Usually adoption within countries are arranged by government agencies, overseas agencies or it can also be done privately. The local authorities prepare a “home study report” of the applicants for adoption and also regarding the preparations that are to be made for the child who will be adopted. If an adopted child is to be brought into the UK, permission has to be obtained. A private social worker can also prepare the home study report in the absence of a local authority. While bringing a child to UK, it is very much essential to prove that the child is under 18, unmarried and will be taken care of both – emotionally and financially by the adoptive parents. Whether the child is legally adopted in its country also has to be taken into consideration. The fact that the child could not be taken care by its natural parents and could not also be brought into UK should also be considered. Once the foreign adoption order is recognized by the UK court, then the application for adoption order in the UK is no more necessary.
Adoption of a child who is a British subject is an offence unless the adoption is made legitimate and also if the adopters are not living in UK. In such circumstances, a proper adoption order abroad is very essential.