Understanding the Upper Tribunal’s Decision in ST (Adoptions: ‘overseas’ adoptions: para 310) India [2025] UKUT 00352 (IAC)
⚖️ Overview
The Upper Tribunal (Immigration and Asylum Chamber) has issued an important judgment clarifying how overseas adoptions, particularly under India’s Hindu Adoptions and Maintenance Act 1956 (HAMA), are treated within UK immigration law.
This decision in ST (Adoptions: ‘overseas’ adoptions: para 310) India offers vital guidance for families who have completed an adoption abroad and wish to bring the adopted child to the UK.
🧾 Background
The case involved a child adopted in India under HAMA by British relatives. The adoptive parents applied for the child’s entry clearance under paragraph 310 of the Immigration Rules, which governs adopted children.
The application was refused, raising key questions about how the UK recognises foreign adoptions and how such recognition interacts with immigration control.
🔍 Key Findings from the Tribunal
1. HAMA adoptions and paragraph 310
A HAMA adoption, while valid in India, does not automatically meet the requirements of paragraph 310(vi)(a), which specifies that an adoption must be effected by a competent court or administrative authority at the time it occurs.
2. Recognition under UK law
HAMA adoptions are recognised under the Adoption (Recognition of Overseas Adoptions) Order 2013, and this is highly relevant when considering Article 8 (family life) claims under the ECHR.
3. Definition of “inability”
The Tribunal reaffirmed that “inability” in paragraph 310(ix) means lacking skills, means, or opportunity — not unwillingness.
4. Article 8 analysis
The Tribunal found that the First-tier Tribunal erred by failing to consider that the adoption was legally recognised under UK law when assessing proportionality under Article 8. This part of the case was remitted for reconsideration.
💡 Why This Matters
This ruling highlights the complex relationship between overseas adoption and UK immigration law.
While adoptions made abroad — such as under HAMA — may be legally recognised in the UK, they do not automatically fulfil the immigration requirements for entry clearance. Families considering overseas adoption must therefore carefully navigate both adoption law and immigration regulations to ensure compliance.
🏛️ How Lumine Solicitors Can Help
At Lumine Solicitors, we specialise in UK Immigration, Family, and Human Rights Law, including:
•. Recognition of foreign adoptions under UK law
• Entry clearance for adopted children
• Family migration and human rights applications
• Appeals before the Immigration Tribunals
📞 020 3950 2246
🌐 www.luminelaw.co.uk
📧 info@luminesolicitors.co.uk
If you’ve adopted a child overseas or are considering doing so, our experienced team can guide you through every stage of the UK immigration and adoption process.
