Intercountry Adoption Application Checklist

Adoption agencies should use this checklist to ensure that an intercountry adoption application contains the required paperwork when it is submitted to the Department for Education (DfE) as missing documents will cause delays.

Please do not send incomplete applications to the DfE.

Relevant regulations:

  • The Adoption Agencies Regulations 2005
  • The Adoptions with Foreign Element Regulations 2005

Documents required: / Requirement met?
Contact Sheet - Please ensure prospective adopters complete and return this to the Intercountry Adoption (ICA) Team at the outset of their application. We require full completion of this form in order to progress applications.
Disclaimer - If this application requires notarisation and legalisation, Prospective Adopters may wish to instruct their Notary Public to send their documents directly to the Foreign & Commonwealth Office (FCO) and the Embassy of their chosen country for legalisation, rather than the documents being first returned to the DfE. If Prospective Adopters wish to proceed in this way, then please ensure they complete and return the disclaimer.
Please note that if Prospective Adopters have applied to adopt from China, the Chinese Embassy will only accept applications for legalisation which have been sent to them directly from the DfE. It will not accept applications from a Notary Public. / Yes 
Yes 
Written confirmation of the decision from the Agency Decision Maker and any recommendation the agency has made about:
  • the country from which the prospective adopters wish to adopt
  • the number of children to be adopted
  • their age range and/or gender
  • likely needs and background
(N.B. to include original signature of Decision Maker) / Yes 
All the documents and information provided to the adoption panel in accordance with regulation 25 including:
  • the original medical report on each prospective adopter signed by the GP and agency medical advisor
  • the original DBS check for each prospective adopter and every adult member of the household
  • the report of visit to 3 independent referees (2 of which must be non-family members.
(N.B. please ensure all signatures are originals not copies. DBS checks for applications to adopt from China should have been issued within the past 6 months) / Yes 
Yes 
Yes 
The record of proceedings of the adoption panel, its recommendation and the reason for its recommendation / Yes 
If applicable, the record of proceedings of the Independent Review Panel, its recommendation and the reasons for the recommendation / Yes 
Confirmation that each prospective adopter is eligible to adopt i.e. aged 21 years or over, has the immigration status to sponsor the entry of a dependent into the UK and
Non-Hague
  • if a couple, one adopter is domiciled or
  • both are habitually resident in the British Islands for not less than one year ending with date of application for an adoption order
  • meets residency requirements (see Annex A – Intercountry adoption and resident status requirements)
Hague
  • both are habitually resident in the British Islands for not less than one year ending with the date of application to be assessed by the adoption agency
  • the adoption agency has explained in writing to the prospective adopter the procedure in relation to, and the legal implication of, adopting a child in accordance with the Convention.
  • meets residency requirements (see Annex A – Intercountry adoption and resident status requirements)
/ Yes 
Yes 
Yes 

I confirm that this application complies with the relevant adoption regulations for:

England and Wales/ Scotland/ Northern Ireland/ Isle of Man/ Jersey/ Guernsey *delete as appropriate

Signed on behalf of:

Name:Date:

January 2017

Annex A - Intercountry adoption and resident status requirements

Prospective adopters who wish to adopt a child by way of an intercountry adoption need to ensure they will be able to obtain the necessary clearance for that child to enter and reside in the UK.

Minimum requirements are set out below, however, entry clearance requirements vary depending upon the circumstances of each case and prospective adopters will need to obtain their own independent legal advice to establish the requirements that apply to their individual circumstances.

Minimum requirements:

All prospective adopters must be habitually resident in the British Islands.

If the prospective adopter is an EEA national they will also need to satisfy the following status:

•Permanent residence or equivalent status (for Hague Convention and non-Hague Convention adoptions)

Or

• Qualified person status (for Hague Convention adoptions only)

It is possible to apply for a registration certificate which confirms an individual’s right to live in the UK as a qualified person. This would be satisfactory evidence of qualified person status for the purposes of an intercountry adoption application.

Similarly, it is possible to apply for a document certifying permanent residence which confirms that an individual has acquired such a right in the UK. This would be satisfactory evidence of permanent residence status for the purpose of an intercountry adoption application.

If the prospective adopter is a non-EEA national they will also need to satisfy that they have permanent residence or equivalent status e.g. Indefinite Leave to Remain (ILR).

January 2017