The Adoptions with a Foreign Element Regulations 2005

Convention adoption order

31.  An adoption order shall not be made as a Convention adoption order unless—

(a) in the case of—

(i) an application by a couple, both members of the couple have been habitually resident in any part of the British Islands for a period of not less than one year ending with the date of the application; or

(ii) an application by one person, the applicant has been habitually resident in any part of the British Islands for a period of not less than one year ending with the date of the application;

(b) the child to be adopted was, on the date on which the agreement under Article 17(c) of the Convention was made, habitually resident in a Convention country outside the British Islands; and

(c) in a case where one member of a couple (in the case of an application by a couple) or the applicant (in the case of an application by one person) is not a British citizen, the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom.