Immigration | Can I apply for a British passport for a child who was adopted in the UK?

Dear Mr Bassie,

I would like some advice on how to obtain a passport for a child who was adopted in the United Kingdom.

B.L.

Dear B.L.,

It is possible to obtain a passport for a child who was adopted or fostered in the United Kingdom (UK). A child is eligible for a British passport if either adoptive parent is British and was usually living in the UK, that is, “habitually resident”, when the child was adopted. Persons must submit their child’s adoption certificate showing the British parent’s details. They must also submit one of the following:

• the British passport details of either parent • a UK birth certificate for either parent • a Home Office certificate of registration or naturalisation for either parent.

Those parents who wish to submit a parent’s British passport details must use details from a passport that was valid on the day the child was born. Please note that the passport may be current or expired. Persons need only provide the

• passport number.• full name used on the passport.

• parent’s date of birth.It should be further noted that they do not need to send the passport itself.

ADOPTION

If the child was adopted overseas, there are two scenarios that need to be considered.

Adopted before June 1, 2003

If the child was adopted before June 1, 2003, the child does not automatically qualify for a British passport even if one of the parents is a British citizen. The adoption may be recognised for parental responsibility purposes but not for nationality purposes. This will depend on the country in which the adoption took place.

Adopted on or after June 1, 2003

If the adoption took place on or after June 1, 2003, the child can obtain a British passport if either parent is British and that parent was usually living (“habitually resident”) in the UK when the child was adopted. Only adoptions conducted under the Hague Convention are recognised for nationality purposes. Parents must submit the child’s full Hague Convention adoption certificate showing their details.

Persons must also submit evidence of the British parent’s nationality status such as a British passport issued before the date of adoption.

The passport number should be included on the application. Please be aware that if they do not have a British passport, other documents may be submitted.

Foster children and children in care

Parents who would like passports for foster children and children in care must contact the Passport Adviceline if they wish to obtain a passport for those children. This includes a child who is currently being fostered.

Assistance

Persons may contact the Passport Adviceline if they are unsure what documents they need or if their circumstances are more complicated.

Surrogacy and sperm donation

Children born through surrogacy

For completeness, please be aware that persons applying for passports for children born through surrogacy will need to submit the following documents in addition to their other documents:

• a letter giving details of the surrogacy arrangement;

• evidence of the surrogacy treatment, such as a letter from the clinic where it took place;

• proof that the child has a claim to British nationality;

• proof of identity (for example, a passport or birth certificate);

• proof of marriage or civil partnership (if relevant to the application). If they have been granted a parental order, they will also need to submit the parental order, if it is in their possession and the child’s birth certificate, issued after the parental order was granted.

If they have not been granted a parental order and the child was born in the UK, they may submit the child’s full UK birth certificate instead.

Please note that if a parental order has not been granted and the child was born outside the UK, special rules apply when applying for a passport.

Sperm donation

If a child was conceived through sperm donation and was born in the UK, the parents will need to submit the child’s birth certificate when applying.

Parents do not need to disclose that the child was conceived through sperm donation. However, please be aware that different rules apply if the child was born in another country. I hope this helps.

John S. Bassie

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a Justice of the Peace, a Supreme Court-appointed Mediator, a Fellow of the Chartered Institute of Arbitrators, a Chartered Arbitrator, the Past Global President of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners’ Association (UK).