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Adoption (Intercountry Aspects) Act 1999

Recognition of foreign adoption orders

9.There are two main types of foreign adoption orders recognised by law in England and Wales: a 1965 Convention adoption and one made in a country designated by the Secretary of State for this purpose.   An adoption order made in a country outside of a Convention or designated country is not recognised and therefore requires the adoptive parents subsequently to make application to a court in the UK for an adoption order.

10.The Act provides that adoption orders made under the 1993 Convention in any Convention country are to be recognised.   Convention adoptions, wherever made, will confer British nationality on the child if the adopter (or one of them in a joint adoption) is a British citizen and if he or they are habitually resident in the UK at the time of the adoption.   Also, adoption orders made in designated countries will continue to be recognised as overseas adoptions in a revision of the list.

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