ESC
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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.
