What is De Facto Adoption?
The adoptive parent(s) have been living abroad for at least 18 months preceding the application
and have cared for the child for at least 12 months before the application.
During this period abroad, the adoptive parent(s) must have:
o Lived together for a minimum of 18 months, with the 12 months immediately preceding
the application spent living together with the child.
o Assumed the role of the child's parents since the beginning of the 18-month period,
indicating a genuine transfer of parental responsibility.
Inter-Country Adoptions
Under paragraph 309B of the Immigration Rules, inter-country adoptions may be governed by section 83 of the Adoption and Children Act 2002 or equivalent legislation in Scotland or Northern Ireland, depending on the adopter’s habitual residence. If applicable, a letter from the Department for Education (for residents of England and Wales) or the corresponding central authority (for residents of Scotland or Northern Ireland) confirming the issuance of a Certificate of Eligibility must accompany any entry clearance adoption application under paragraphs 310-316C. Adoption agencies are responsible for evaluating prospective adopters who wish to adopt a child from another country. Once approved, the Intercountry Adoption Casework Team will process all inter- country adoption cases.
