Adoption (Intercountry Aspects) Act 1999

7Acquisition of British citizenship by Convention adoptions

This section has no associated Explanatory Notes

(1)For subsection (5) of section 1 of the [1981 c. 61.] British Nationality Act 1981 (acquisition by birth or adoption) there shall be substituted—

(5)Where—

(a)any court in the United Kingdom makes an order authorising the adoption of a minor who is not a British citizen; or

(b)a minor who is not a British citizen is adopted under a Convention adoption,

that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be.

(5A)Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)—

(a)the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and

(b)in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom.

(2)In subsection (6) of that section, after “order” there shall be inserted “or a Convention adoption”.

(3)At the end of subsection (8) of that section there shall be inserted “and in this section “Convention adoption” has the same meaning as in the [1976 c. 36.] Adoption Act 1976 and the [1978 c. 28.] Adoption (Scotland) Act 1978”.