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Adopting a newborn baby from Pakistan

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Atifa
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Adopting a newborn baby from Pakistan

Post by Atifa » Fri Jul 19, 2019 12:14 am

Hi,

I and my husband live in England since 2009 and are British passport holders since 2015. We don't have any children after 16 years of marriage. We want to adopt an expected baby from my husband's sister in Pakistan. Can you please guide me what will be the legal process to bring the child in UK?

Many thanks.

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CR001
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Re: Adopting a newborn baby from Pakistan

Post by CR001 » Fri Jul 19, 2019 5:15 am

https://www.gov.uk/child-adoption/adopt ... m-overseas

https://www.gov.uk/government/publicati ... settlement
17. SET7.18 How do adopted children qualify for settlement?
17.1 SET7.18.1 Adoption is a complex subject.
The ECO should always bear in mind that the child’s welfare is paramount. The ECO must be satisfied that the child is not being trafficked to the UK. This is to meet the UK’s obligations under the Council of Europe Agreement on action against human trafficking.

In the case of UK-based adopters hoping to adopt a child which has been given or ‘gifted’ to them by relatives abroad, there is very little chance of them being able to bring the child into the UK. The UK’s international obligations prevent any acceptance of such practices. Even if a foreign adoption has been completed, the requirements of the Immigration Rules will prevent an entry clearance being issued to such a child.

The Adoption and Children Act 2002 (which came into effect on 1 June 2003) makes it a mandatory (but not a retrospective) requirement for all prospective adoptive parents to have been assessed by a competent body that they are suitable to become adopters and obtain a Certificate of Eligibility from the Department of Education. The Adoptions with a Foreign Element Regulations 2005 created the requirement for overseas adopters to have a Certificate of Eligibility - and set the penalties for non-compliance. But see section below for variations.

Any adoption in a designated country, which pre-dates the introduction of the 2002 Act, should be dealt with under the old legislation. In these cases the ECO should not insist on the adopters producing a Certificate of Eligibility.
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Atifa
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Re: Adopting a newborn baby from Pakistan

Post by Atifa » Sat Jul 20, 2019 10:28 pm

Thanks for the guidance. After reading the links you shared, I am a little confused....
Does this mean that we'll need to:
  • Contact our local council/adoption agency to get the adoption eligibility certificate
  • Complete the adoption process in Pakistan
  • Register the adoption in England
And only then we can apply for child's entry clearance in UK?

Please guide.

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CR001
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Re: Adopting a newborn baby from Pakistan

Post by CR001 » Sun Jul 21, 2019 11:31 am

Very little chance of getting any type of visa for a child you adopt or are "gifted" by a direct family member. The immigration rules prevent this as the bold bit I posted clearly states.
Char (CR001 not Casa)
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