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Hague Convention Adoptions – Automatic Acquisition of British Citizenship
A Hague Convention adoption involves adopting a child abroad to be raised by the adoptive parents in the UK. When the adoption takes place in a country that is a signatory to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the procedures closely follow those approved in the UK.
Under section 1(5) of the British Nationality Act 1981, a child adopted abroad automatically becomes a British citizen if:
At least one adoptive parent is a British citizen and habitually resident in the UK;
The adoption’s purpose is to raise the child in the UK;
The adoption complies with the Hague Convention terms.
Children acquiring citizenship this way do not need registration and can apply directly for a British passport.
Important: The Hague Convention applies only to inter-country adoptions aimed at bringing the child to the UK. If both the child and adoptive parents live outside the UK, the Hague Convention does not apply.
If British citizenship is not automatically acquired through adoption, Zar Immigration can assist with applying for the child’s registration as a British citizen at the Home Office’s discretion.
Overseas Adoptions by British Citizens Resident Outside the UK
When a British citizen living abroad adopts a child in their country of residence—even if the adoption is recognized and made under the Hague Convention—the child does not automatically acquire British citizenship. This differs from biological children born overseas, who acquire British citizenship by descent at birth.
While this may seem discriminatory, it is intended as a safeguard against abuse. However, adopted children can be registered as British citizens at the discretion of the Home Office.
Zar Immigration specializes in these applications and has successfully helped many adopted children living overseas obtain British citizenship and passports.
Registration of Children Adopted Outside the UK
The Secretary of State has broad discretionary powers to register any child under 18 as a British citizen, exercised cautiously and based on specific factors.
Key considerations for inter-country adoptions include:
Whether the adoption is recognized in the UK
Whether it was authorized by a competent authority under the Hague Convention procedures
Whether the adoption is a genuine de facto adoption
Whether the child has strong family ties to the UK
Whether the child would suffer serious prejudice if registration discretion is not granted
ZAR Immigration can help navigate these complex factors to support your application.
Foreign Adoptions Recognised in UK Law
The UK recognises the following types of foreign adoptions:
Adoptions under the Hague Convention 1993, where protective mechanisms and checks by competent authorities ensure the child’s best interests, even if the adoption was not for bringing the child to the UK.
Adoptions after 4 January 2014 in countries listed under the Adoption (Recognition of Overseas Adoptions) Order 2013.
Adoptions before 4 January 2014 in countries listed under the Adoption (Designation of Overseas Adoptions) Order 1973.
The 1973 Order mainly covers Commonwealth countries, while the 2013 Order aligns with international child protection standards, primarily Hague Convention signatories.
Recognition under these orders is not an automatic route to British citizenship registration. Parents must demonstrate that key Hague Convention safeguards were respected. Even if recognised, the child does not automatically become a British citizen but may be registered at the Home Office’s discretion.
Procedural Safeguards in British Citizenship Applications for Adopted Children
The Hague Convention’s Guide to Good Practice requires that adoptions be authorised only by competent authorities who ensure, based on reliable information, that the adoption is lawful and that all necessary informed consents have been obtained.
Countries that are signatories to the Hague Convention have these safeguards in place. However, in British citizenship applications, these procedures must be clearly demonstrated and cannot be assumed.
Adoptions recognised under the 1973 Adoption Order (before 2014) may not meet these standards. In such cases, adoptive parents might consider bringing the child to the UK on a valid visa before applying for the child’s British citizenship registration.
Foreign Adoptions Not Formally Recognised in UK Law
Children adopted in countries not listed under the relevant Adoption Orders may still be registered as British citizens, but this is at the Secretary of State’s discretion and outside standard guidance.
The decision considers all case details, including the competence of the authorities, adherence to procedures, and the British parent’s role in the child’s upbringing.
De facto adoptions generally do not qualify for registration, though bringing the child to the UK may be a first step before applying.
Success depends heavily on the individual circumstances and strong, clear supporting submissions.
To discuss your adopted child’s claim to British nationality, please book a consultation with one of our consultants.
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