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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We are returning to the UK to live and whilst living in Australia

Customer Question

We are returning to the UK to live and whilst living in Australia we adopted the daughter of my wife's sister who died giving birth to the child - Fiona.
Is the Australian adoption order recognised in the UK or will we have to adopt again.
I am a British Citizen and my Wife is a German Citizen (she was born in Nigeria as was the child ).
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
If the child was legally adopted in Australia then the adoption is recognised in the UK and your daughter is automatically entitled to British Citizenship if you wish her to have it
Please ask if you need further details
Clare
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thankyou Clare, does this mean we have to apply for British citizenship before we apply for a passport?

Thx and Regards

Tony

Expert:  Clare replied 2 years ago.
Hi
If you wish her to have a British Passport all you need to do is apply for it!
Clare
Customer: replied 2 years ago.

Thankyou Clare.

We applied for a passport for Fiona at the end of last year but they said we need a Hague Convention Adoption order not an Australian Adoption order.
Now we have adopted here in Australia how can we get a Convention Adoption order?

Expert:  Clare replied 2 years ago.
Hi
You have!
Australia is a signatory to the Hague Convention and you are able to apply for the passport now
Clare
Customer: replied 2 years ago.

Hi Clare, What you have stated is what I understood.

However the Passport Office has refused to grant Fiona a passport on the grounds the Australian Adoption Order is not a convention order. I have attached a copy of their letter.

Attachment: 2015-04-21_202856_passportofficereply001.pdf

Attachment: 2015-04-21_202946_passportofficereply002.pdf

Thx and Regards

Tony

Expert:  Clare replied 2 years ago.
Hi
Now that is bizarre
Was the Australian adoption a straightforward and "normal" one?
Were you yourself born in the UK?
Clare
Customer: replied 2 years ago.

Yes the adoption was done under the NSW Supreme Court and yes I an a British Citizen born in the UK

Expert:  Clare replied 2 years ago.
Hi
Ok
When was that?
Clare
Customer: replied 2 years ago.

The Adoption was done on May22nd 2014. Prior the 19th January 2013 she had lived in Nigeria and we brought her to Australia as and orphan relative after her Grandmother dies which made her a permanent resident of Australia.

She also became an Australian Citizen on the same date as I hold dual Nationality.

Expert:  Clare replied 2 years ago.
Hi
Ok
Then my apologies I was not aware of this blatant discrimination against adopted children - which I believe is a direct contravention of the Original Adoption Act.
It appears that you will have to apply to Register your daughter as a Uk Citizen
The application form and the supporting guide can be found here
https://www.gov.uk/government/publications/application-to-register-child-under-18-as-british-citizen-form-mn1
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thx Clare,

At last an answer. I have spent 6 months writing to the passport office just to consistently get the same answer of "You need a convention adoption order".

I will look at the link you sent in the morning when my head is not so tired.

Thx for your help.

Regards

Tony

Expert:  Clare replied 2 years ago.
Hi
I am angry at the discrimination - and that could be a ground for appeal if you have further problems
Clare
Customer: replied 2 years ago.

Hi Clare,

How / where can I appeal?

Expert:  Clare replied 2 years ago.
Hi
It would be a Judicial Review - frankly I hope you do not need to!
Clare
Customer: replied 1 year ago.

Hi Clare,

We are now in the UK and of course our daughter is on a visitor visa for 6 months. Is there any way to extend this while we prepare the citizenship case as I have been told this can take several months to process. Is there an avenue to get an EAA residence card for Fiona as my wife is German so she can stay here?

Thx and Regards

Tony