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Children to be Adopted Abroad

Notable niche cross-border children law capabilities, covering abduction and adoption cases

Chambers UK
When families break down and a child is taken into care, a placement with relatives abroad may be the best solution for a child,  enabling them to be brought up within their family.

Local authorities have duties to investigate and consider permanent placements for children with relatives, where remaining with birth parents is not an option. Inevitably, many of these family members will live abroad.

We have particular expertise in advising relatives abroad and local authorities on the range of options for a child to be placed permanently abroad, including Hague Convention adoptions, where the adoption order will be recognised by the foreign country, or by special guardianship or residence orders with mirror orders being made by the court in the country where their relatives live.

Not all such cases involve relatives, for instance we can assist where a family which has already adopted a child from care then moves abroad and subsequently a related sibling to their adopted child becomes available for adoption. The local authority may not necessarily be involved, for instance where a child is gifted to family members abroad who are not able to have children of their own.

We work closely on these cases with immigration and children’s lawyers in the foreign country and also with immigration lawyers in this country in working to achieve the best outcome for a child moving to a new country where it is important they have full access to immigration, health, education and welfare rights there.

Our service includes:-

  • Advising and representing relatives or others abroad in care proceedings or other children’s proceedings in this country.
  • Advising and providing expert opinions to local authorities in care proceedings on the legal position of placing children permanently abroad with family or otherwise.
  • Providing advice and expert opinions to foreign lawyers or children’s agencies abroad on placing children from this country permanently abroad.

Written by Naomi Angell and Bridget Thompson 

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