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3.4.9 Inter Country Adoption

SCOPE OF THIS CHAPTER

This procedure applies to the assessment and approval of applicants resident in the UK who wish to adopt a child who is resident abroad; it also covers the procedures to be followed by the Adoption Service in relation to the placement of a child resident abroad with approved adopters.

For procedures in relation to the placement of a child resident in the UK with adopters resident overseas, see chapter on Placement for Adoption Procedure.

NOTE: The London Boroughs of Camden, Enfield and Haringey, together with the other boroughs in the North London Adoption Consortium, have a formal agreement whereby the Norwood Adoption Agency carries out all the preparation and home studies for prospective inter-country adopters who live in their boroughs.

AMENDMENTS

This chapter was amended in October 2011 in regard to how information will also include expectations of prospective adopters and how the adoption agency prioritises applications to adopt children from outside the UK and looked after children, including how they are referred to other adoption agencies.


Contents

  1. Introduction
  2. Responding to Requests for Information
  3. Initial Meeting
  4. Formal Application
  5. Preparation Groups
  6. Health  
  7. Checks and References
  8. Home Study
  9. Presentation to the Adoption Panel
  10. After the Adoption Panel's Recommendation
  11. Representations/Review Procedure
  12. After Approval
  13. Matching
  14. Post-Placement Duties
  15. Post-Adoption Support
  16. Placement Breakdowns
  17. Review of Prospective Adopter's Approval
  18. Statutory Guidance on Placing a Child in Care with Relatives Abroad Prior to a Possible Adoption


1. Introduction

Applications for overseas adoption can only be accepted from residents of the borough. 

Applications will be accepted from couples or single people.

Applicants will be expected to identify one country from which they wish to adopt and should have a good understanding of that country's culture and be able to demonstrate that understanding.  Applicants will be expected to bring any adopted child up in the knowledge that he/she is adopted and to preserve and promote the child's cultural and ethnic origin. 

There is a charge for the assessment process for applicants. 


2. Responding to Requests for Information

All requests for information about inter country adoption made by telephone or letter will be responded to promptly.  Staff in the Adoption Service will establish that the caller lives in the borough and if so, send an Adoption Information Pack relating to both domestic and inter country adoption within 5 working days.  An Initial Enquiry Form should be completed in relation to each enquiry received and Information Pack sent.

The Information Pack will include information about the nature and implications of adoption, the procedures involved in adopting a child domestically and from overseas, the assessment and post approval process and charges, the checks required in relation to the prospective adopters and members of the household, and the likely time-scale involved. The information will also include expectations of prospective adopters and how the adoption agency prioritises applications to adopt children from outside the UK and looked after children, including how they are referred to other adoption agencies.

The information will also relate to the preparation and support services available to adopters (made available before, during and after adoption), including addresses and other contact points of other agencies that may be able to assist the prospective adopters particularly in relation to any specific requirements of different countries, for example the Department for Education website.

Those receiving the Information Pack will be asked to contact the Adoption Service if they wish to know more and proceed further.


3. Initial Meeting

Those who contact the Adoption Service to know more will be invited to the office or visited at home or invited to an Information Meeting, to explore the main issues.  It is expected that where prospective adopters are a couple, both will be present.

The purposes of the initial meeting are:

  • To explore why the prospective adopters wish to adopt, whether they have considered domestic adoption and how fully they understand the issues and challenges involved in adopting from overseas;
  • To discuss the need to identify personal referees, the process of Criminal Records Bureau (CRB) and other required checks including full medical reports;
  • To discuss and advise on any factors that may have an adverse effect on their application including any health problems, previous police convictions, age restrictions for such countries as China, financial status and particularly whether they are in receipt of any public funds that may affect their application;
  • To identify tasks that the prospective adopters will need to complete before proceeding to a formal application, including the need to have identified the country from which they wish to adopt and the relevant regulations for that country;
  • If the prospective adopters have not identified the country from which they wish to adopt, they should be encouraged to consider this and to begin to develop their knowledge of the country chosen;
  • To answer as far as possible any questions the prospective adopters may have regarding inter country adoption;
  • To explain clearly the law relating to inter country adoption and the need to comply with the relevant requirements, including whether they meet the relevant requirements as to Domicile and Habitual Residence (all prospective adopters must either be domiciled or have been habitually resident in Great Britain for a minimum of one year);
  • To explain the implications for the adoption process of whether the chosen country is a Designated Country or a Non-Designated Country, and whether the Hague Convention applies;
  • To outline the process involved in adopting a child from overseas;
  • To identify the adoption service's expectations of the prospective adopters, including their attendance at Preparation Groups, their commitment to the home study process and their commitment to complete pieces of work themselves as part of the home study;
  • To explain the Council's charges for the home study and the charges involved in attending Preparation Groups. Also to explain that the charges are non refundable and are payable regardless or whether or not the applicants are approved.


4. Formal Application

If the prospective applicants wish to proceed further with an application after the initial meeting, they will be sent a formal application form to complete and return, together with the fee for the home study report and checks. 

At the point of the formal application, the prospective adopters will be expected to have identified their country of choice, researched the country's specific requirements and be in a position to confirm their eligibility under that country's criteria.  They should also be clear about the age range and gender of the child or children they wish to adopt and whether they are prepared to consider adopting a sibling group.

The appropriate level of fee is payable regardless of whether an application is successful.  Applicants who withdraw before a report is completed will receive a refund less an amount commensurate with the amount of work already undertaken.

Where applicants have had a home study reported completed by or on behalf of a different adoption agency within the last 2 years and that report is made available, the fee for a second report will apply.

The applicants must also agree to undertake and pay for a medical examination (see Section 6, Health), identify three personal referees (including one relative) and consent to the taking up of references and other statutory checks (see Section 7, Checks and References).

Once a completed Application Form has been received, a new Adoption Case Record should be opened for the applicants.

An adoption social worker will be allocated. The allocated worker must fulfil the qualifications and experience criteria set out in Section 5 of Adoption Panel Procedure.

The allocated worker will make a referral for the prospective adopters to attend a course of Preparation Groups.


5. Preparation Groups

The prospective adopters will be expected to attend the full course of Preparation Groups and must meet all the costs in relation to their attendance. 

The Preparation Groups form part of the assessment process and the applicants will be advised that their home study will not be undertaken until their full attendance at the course of Groups has taken place.

A report by the facilitators of the Groups will be included when the Prospective Adopter's Report is presented to the Adoption Panel.

In the event that the prospective adopters are unavoidably absent from one or more of the Groups, the allocated adoption social worker will liaise with those running the Groups as to whether the prospective adopters can fit into the missed Group(s) on a later course. 

If prospective adopters decide to withdraw from the assessment process during the course of Groups, they should be encouraged to discuss this with the Group facilitator and their adoption social worker will be informed.  No refund will be paid.  Where applicants confirm their withdrawal from the process, they will be informed in writing that the application process is terminated.


6. Health

Prospective adopters must have a full medical examination and agree to a written report being obtained, at their own cost, from their GP. 

The GP must be specifically requested to review the prospective adopter's full medical history and address any matter relevant to the applicant's parenting or caring capacity.  The report should be provided on Form AH.

The prospective adopters should have been seen in the three months prior to the medical report having been completed, and the report must have been written within the 6 months prior to the Adoption Panel meeting considering the application. 

Where the prospective adopter's GP has expressed concerns or where clarification of the implications of any health issues is required, detailed advice must be sought from the Medical Adviser at an early stage and the implications fully discussed with the prospective adopter and in the report.  It may be necessary for reports from other health professionals also to be obtained and presented to the Adoption Panel.


7. Checks and References

A Criminal Records Bureau (CRB) Form should be completed once a formal application has been made.  Applicants will be asked to confirm their identity in accordance with the requirements set out on the Form.

As well as writing to the Criminal Records Bureau (for enhanced checks), checks will be made with the relevant Health Trust, Probation, Education and Children's Social Care Services records. 

(In some instances, the relevant overseas authority may consider that Criminal Records Bureau checks are only valid for 6 months, in which case the adoption social worker should explain to the applicant that second Criminal Records Bureau checks will need to be carried out again later in the assessment process).

Applicants will also be asked to provide the names of two personal referees and a third referee, who is a relative.  Applicants should be encouraged to choose people who know them well, have children of their own and have knowledge of the applicants' contact with children.

At the same time as the statutory checks are sent out, the personal referees and the relative referee will be sent a letter of introduction and form to complete.  Referees will be informed that their references are given in confidence and will not be disclosed to the applicants.

The referees should be asked to comment on:

  1. The length of time the referee has known the applicant, in what circumstances, how they met and how regularly they are in contact;
  2. Where there is a joint application, the couple's relationship including its stability and quality, the couple's strengths and ways of coping with stress and how mutually supportive the couple is;
  3. The applicants' general physical and emotional well being;
  4. How the applicants relate to children, with examples, and what experience the applicants have of caring for children;
  5. How the applicants have adjusted to childlessness if this is the case, how they have prepared to become adoptive parents, how much they have shared with the referees and how open they are in talking about the issues surrounding adoption;
  6. How ready the applicants are to adopt from overseas, with examples, how might they be able to deal with racism and help their child to develop strategies to deal with this, and how their network will react to a child from a different ethnic background;
  7. If the applicants have children of their own, how the referee thinks a child from a different ethnic background will impact on the other children in the family;
  8. Any reservations the referee has and whether the referee wholeheartedly supports the application.

After the completed references have been received, the referee will be contacted and advised of the contact date for a personal interview.  (The relative referee is not always interviewed although still regarded as a valuable resource to gain an insight on how the extended family regards the applicants' plan to adopt a child from overseas.)

A written reference must also be obtained from the employer where an applicant is or has been employed to work with children in any capacity or vulnerable adults.

Where a prospective adopter has made a previous application to foster or adopt, the relevant agency must be asked to confirm in writing the outcome of the application and provide a written reference.

The administrative staff of the Adoption Service will record the dates when replies to checks are received.  The replies to the checks should be placed in the confidential section of the prospective adopter's Adoption Case Record.

Where the checks disclose information as a result of which a person is a Disqualified Person (Adopter), the prospective adopter will be informed that the application cannot proceed.  If the information leading to this decision relates to a previous conviction of a member of the applicant's household, the details of the offence can only be disclosed to the applicant with the consent of the relevant person; without such consent, the applicant can only be informed that the reason relates to information obtained from the checks but no details can be given.

Where there are concerns about an applicant's circumstances, for example where there are concerns about their health, or about the information obtained from referees or about the applicants' attempt to cover up information about offences, the applicant may be advised not to proceed with the application. 

Where the applicant disagrees with the advice and/or is not willing to withdraw, a brief Prospective Adopter's Report on the application should be presented to the Adoption Panel and the procedure to be followed should be the same as if the report was a full report on the Prospective Adopter (see Section 9, Presentation to the Adoption Panel, Section 10, After the Adoption Panel's Recommendation, and Section 11, Representations/Review Procedure).


8. Home Study

The allocated adoption social worker will carry out a home study of the applicants, which should be completed within 8 months of the receipt of the application. (The allocated worker must fulfil the qualifications and experience criteria set out in Section 5, Reports to Adoption Panel of Adoption Panel Procedure.)

The assessment is carried out in the same way as for domestic adopters and the same procedures should be followed as set out in the relevant sections in Assessment and Approval of Agency Adoptive Parents Procedure.

This procedure only sets out the additional procedures in relation to inter country adopters.

In addition to obtaining detailed background information on the applicants, the process should examine the applicants' understanding of the issues involved in adopting a child from overseas, their ability to cope with the practical and emotional difficulties that may arise and their understanding of trans-racial adoption.

During the home study, applicants should be asked to prepare pieces of work in order to demonstrate their understanding of the issues involved and their ideas for managing these.

As part of the home study, the assessing social worker should consider:

  1. The applicant's ability to meet the chosen country's eligibility criteria (for example some countries impose age restrictions) and any outstanding immigration issues should be clarified;
  2. The applicant's financial status and the likely effect on their financial circumstances if a placement is made. (Some countries will require documentary evidence of income, savings and property value and one of the immigration conditions to the UK is that the adopted child will be maintained and accommodated adequately without recourse to public funds.)  Applicants in receipt of public funds can only therefore be considered if they will not have to rely on additional public funds to support their child;
  3. For this purpose, public funds include income support, housing benefit, child benefit, working families' tax credit, council tax benefit, attendance allowance, severe disablement allowance, invalid care allowance, disability living allowance, disability working allowance, jobseekers' allowance;
  4. The implications of adopting a child who shares few, if any, of the racial, cultural and linguistic inheritance of the adopters' family and who may have suffered considerable early disadvantage must be explored in depth with applicants, in particular their understanding of trans-cultural issues and the child's cultural heritage and their ability to help a child make sense of their background and the child's search for identity;
  5. The applicants' ability to accept uncertainty regarding a child's medical and social background, and developmental prospects;
  6. The suitability of the applicants to adopt more than one child, if this is what they have applied for. 

The assessment should contain a summary of the strengths and weaknesses of the applicants in relation to the adoption of a child from overseas and any potential risk factors highlighted. 

Where the prospective adopters are being assessed in relation to a particular child, the social worker should obtain the maximum available information on the child and the assessment should address the ability of the prospective adopters to meet the needs of the child concerned.

The assessment should also consider the likely need for adoption support services of the applicants and any member of their family, including:

  • Advice and counselling, for example with managing a child's behaviour and/or helping the child to deal with racism or any other discrimination;
  • Health, education, leisure and cultural services;
  • Information about local and national support groups and services;
  • Helping the child to explore his or her birth heritage.

See the chapter on Adoption Support Services Procedure.

Once the assessing social worker has completed the report, it should be submitted to the manager for approval.  If there are any issues of concern raised in the assessment or there are issues which require clarification, the manager should obtain a second opinion on those issues from another experienced practitioner, before approving the report.

As with all assessments of prospective adopters, the completed Prospective Adopter's Report should be shared with the applicants.  The applicants should be given a copy of the Report and asked to sign the report and/or submit any comments in writing, for example, by expressing disagreement or support for the recommendations. 

The applicant will be given 10 working days in which to provide any such comments or they can be asked to sign a disclaimer stating they do not wish to take 10 days to comment.

The applicant should also be advised of their right to attend the meeting of the Adoption Panel, which considers their case.

The social worker will then send copies of the Prospective Adopter's Report, the applicants' written comments (if any), full health report, report on the interviews with the referees and the Preparation Groups, and any other relevant documents, to the Panel Administrator at least 10 working days before the relevant Adoption Panel meeting.


9. Presentation to the Adoption Panel

The procedure is the same as for all prospective adoptive applicants and the applicants will be invited and encouraged to attend the Panel when their application is considered.  The decision to attend rests with the applicants and a wish not to attend will not prejudice consideration of their application. 

Applicants who decide they wish to attend should be fully prepared and provided with written information on the procedure prior to their attendance, including the membership of the Panel.  If the applicants know a particular Panel member, the applicant may request that the Panel member stand down.  (Panel members are in any event expected to declare an interest in these circumstances - see Adoption Panel Procedure.

During the consideration of the application, the Adoption Panel should have advice from a Panel Adviser with experience in the area of inter country adoption.

The Panel will consider the written report together with all the supporting documentation and any additional information presented verbally, and make a recommendation to the Agency Decision Maker (Divisional Director of Social Care) regarding the suitability of the applicants to adopt. The Panel must also consider and may give advice on related matters, including the named country and the number, age range, gender, likely needs and background of the child or children for whom the applicant would be suitable.  In relation to cases where the assessment is in relation to a particular child, the advice should specify the name and date of birth of the child.

The recommendation and any advice given will be recorded in writing, with reasons, in the Panel's minutes.

The applicants will be informed verbally of the Panel recommendation on the same day as the meeting. 


10. After the Adoption Panel's Recommendation

The Adoption Panel's written recommendation, advice and copies of all reports considered will be sent to the Agency Decision Maker (Divisional Director of Social Care), who will make a decision as to the suitability of the applicant to adopt a child from a named country. 

Where the Agency Decision Maker (Divisional Director of Social Care) is minded to disagree with the Panel recommendation, he/she must first discuss the case with another senior officer with the appropriate experience, who must not be a Panel member.  This discussion must be recorded and placed on the child's and the prospective adopter's Adoption Case Record.

The decision must be made within 7 working days of the Panel meeting and must be recorded, together with reasons.

The applicants will be advised orally of the decision within 2 working days.

Written notice of the decision, signed by the Agency Decision Maker (Divisional Director of Social Care), will be sent to the applicants within 5 working days of the decision.

Where the decision is that the applicants are suitable, the notice will include the agency's view as to the number, age range, gender, likely needs and background of the child or children for whom the applicant would be suitable, as well as the country from which they wish to adopt. 

In cases where the assessment is in relation to a particular child, the decision and notice should specify the name and date of birth of the child.  The letter should also make clear that the decision is subject to the endorsement of the Secretary of State for Education and Skills and that it does not guarantee that a child will be considered suitable for them by the overseas authorities.

The notice should also advise the applicants of the next stages of the process, the length of time for which the assessment report is valid, the need to report any change of circumstances and the circumstances in which an update report may be required.

Where the decision differs from the recommendation of the Adoption Panel, a copy of the Panel recommendation will also be sent with the notification.

Counselling, advice and support should be offered to the applicants as necessary.


11. Representations/Review Procedure

If the Agency Decision Maker (Divisional Director of Social Care) decides not to approve the application, the applicant will be advised that if he or she wishes to challenge the decision, representations should be submitted either in person or in writing to the next available Adoption Panel, or a referral can be made to the Independent Review Mechanism.

The Representations/Review Procedure is set out in Section 9, Representations/Independent Review Procedure of Assessment and Approval of Adoptive Parents Procedure.


12. After Approval

Following approval, the Social Worker Team Manager - Adoption will forward to the Department for Education the reports presented to the Adoption Panel, the Adoption Panel minute and the written notice of the Agency Decision Maker (Divisional Director of Social Care)'s decision.  The documents must be sent by recorded delivery.

Once the documents are sent, the Adoption Service will usually not be involved further with the application, until the chosen country identifies a child for whom an adoptive family is sought.

Some countries, notably India and Thailand, require undertakings from the applicants' local authority to be included in the support documents. Where applicable, a letter confirming this undertaking needs to be given to the applicants for the applicants to include with the documents they have to send to the Department for Education

The Secretary of State will check whether the statutory requirements have been met and will then decide whether to issue a Certificate of Eligibility and Suitability and inform the Adoption Service and the prospective adopters of the decision.

The Certificate, if granted, will state that the prospective adopters have been assessed as suitable to adopt and a child adopted by them will be granted leave to enter the United Kingdom subject to Entry Clearance and the making of an Adoption Order.

The Department for Education will then arrange for the necessary papers to be passed to the relevant overseas authority, which decides whether to accept the application and identifies a child to be matched with the adopters.

The Department for Education will confirm in writing to the adoption service and the prospective adopters that the papers have been sent.


13. Matching

The matching part of the process may be the subject of considerable delay depending on the waiting list of the chosen country.

If the authorities in the relevant country approve the application, when a suitable child is available for placement, they should send the papers to the Department  for Education, who will in turn send them to the Adoption Service and the prospective adopters.

Occasionally, the country will inform the prospective adopters directly; they should be advised during the home study to inform the adoption social worker immediately if this happens.

The adoption social worker should then arrange to discuss the child with the prospective adopters at a face-to-face meeting to be held within 10 working days of receipt of the information, before the prospective adopters make a decision or make any plans to travel to meet the child.

The preparation of the prospective adopters for the adoptive placement should include the adoption social worker assisting the prospective adopters to gain full information about the child, arranging access to a specialist advice as appropriate and stressing the importance of post-adoption reports consistent with any undertakings given to the child's state of origin.

Before accepting a child, the prospective adopters must travel to meet the child. Where a couple are applying to adopt, both applicants must travel.

As soon as the prospective adopters have accepted the match, the adoption social worker should advise them to apply for entry clearance for the child, by sending the child's details to the Entry Clearance Officer at the UK Embassy or High Commission closest to the country where the child is living.

Where there are no suitable children to match with the prospective adopters, the overseas authority will notify the Department for Education, and they will notify the adoption service.  An adoption worker will be allocated to inform the prospective adopters and assist them to decide what further action to take, including a further report to the Adoption Panel seeking approval for a different country.


14. Post-Placement Duties

The Adoption (Designation of Overseas Adoptions) Order 1973 as amended in 1993 enables adoption orders in countries listed in the Order to be recognised in the UK.

Children from Designated Countries:

If an adoption order has been made in a Designated Country, it is recognised under UK law and the child's visa usually states 'for settlement'.  The adoption service then has no further involvement other than providing or making arrangements for post-adoption services, if appropriate (see chapter on Adoption Support Services Procedure).

Adoption Orders made in Designated Countries do not automatically result in the child acquiring British citizenship.  An application for registration will usually need to be made; application forms can be obtained from the Nationality Directorate of the Home Office or from any British Diplomatic Post.

Children from Non-Designated Countries:

The arrangements for the placement will vary from country to country; the prospective adopters will either adopt child in the child's country or bring the child to the UK for the purposes of adoption in a UK Court. 

If an Adoption Order has been made in a Non-Designated Country, the Order is not recognised in the UK. 

The prospective adopters must seek clearance for the child to enter the UK from the nearest British Embassy, Consulate or High Commission.  If the Entry Clearance Officer is satisfied that the entry requirements have been met, a visa for a limited period, usually one year, will be issued.

The prospective adopters must notify the adoption service within 14 days of arriving in the UK with the child of their intention to apply for an Adoption Order (or their intention not to provide a home to the child).  The notice should be acknowledged by the Adoption Service.

An adoption application cannot be made until the child has lived with the prospective adopters for 6 months or more.  Where the prospective adopters have not complied with all the necessary regulations, the child must have lived with them for at least 12 months.

On receipt of the notification, the adoption service will arrange for a social worker to monitor the child's welfare by regular visits to the family home.  The allocated worker must fulfil the qualifications and experience criteria set out in Section 5, Reports to Adoption Panel of Adoption Panel Procedure.

An Adoption Case Record must also be set up for the child.  Any information received from the relevant authority in the child's state of origin, the agency that approved the prospective adopters (if not the local authority), the prospective adopters, the Entry Clearance Officer and the Department for Education should be placed on the case record.

The allocated worker must send notification of the child's arrival in the UK to the prospective adopter's GP (including a written and up to date health report on the child), the Primary Care Trust and (where the child is of school age) the Local Education Authority for the area where the prospective adopter lives.

Visits to the child should be weekly until the first review.

The allocated worker should also arrange for the placement to be reviewed within 4 weeks of the receipt of notice of intention to adopt.  Thereafter the requirement is for the local authority to visit and review not more than 3 months after the first review and thereafter every 6 months. 

The purpose of the review is to enable the local authority to consider whether the child's needs are being met and if not, what advice and assistance may be provided.  To do this, the review must consider the child's needs, welfare and development, and if any changes are required to meet the child's needs or assist his/her development;  the arrangements for the provision of adoption support and whether there should be a re-assessment of the need for those services; and the need for further visits and reviews.

If the prospective adopters notify the local authority of their intention to move to the area of another local authority, the original local authority must notify the new authority of the child's name, sex, date and place of birth; each prospective adopter's name, sex, date and place of birth; the date the child entered the UK; the date of the notification to adopt; whether an adoption application has been made and if so, the stage of the proceedings; and any other relevant information.

The allocated social worker should advise prospective adopters of the most appropriate timing of their adoption application.  It is likely that the prospective adopters will need to apply for an extension of the child's visa, which is usually straightforward if an adoption application has been made.

When the prospective adopters make their adoption application, the Court will notify the Adoption Service and request that a Court Report is produced supplied directly to the court.

If no adoption application has been filed within 2 years, a special review must be held.  This review must consider the child's needs, welfare and development, and if any changes are required to meet the child's needs or assist his/her development; the arrangements for the exercise of parental responsibility in relation to the child; the terms of the child's entry clearance and the child's immigration status; the arrangements for the provision of adoption support and whether there should be a re-assessment of the need for those services; the arrangements for meeting the child's health care and educational needs; the reason why no adoption application has been made; and the options for the child's future permanence.

When an Adoption Order is made in the UK, it automatically confers British Citizenship on the child provided one of the adoptive applicants is a British citizen at the time the Adoption Order is made.

Where the adopters are not British citizens, they will need to seek clearance to allow the child to remain in the UK, on the same basis as them.


15. Post-Adoption Support

Families who have adopted from abroad are eligible for assessment for adoption support as set out in the Adoption Support Services Procedure.


16. Placement Breakdowns

If, after the child is placed, the prospective adopters decide not to proceed with the adoption or an Adoption Order is refused or a Convention Adoption Order is annulled, the child's social worker must regard the child as a Child in Need and assess the child within 7 days in accordance with the Assessment Framework, including whether it remains in the child's interests to be placed in the UK and/or to be placed with an alternative adoptive family.

The child's social worker must notify the Department  for Education of the outcome.

Where it is decided that it would not be in the child's best interests to remain in the UK, the child's social worker must notify the Department  for Education. The Department for Education  will notify the relevant overseas authority, which will make arrangements for the return of the child.

Where it is determined that it would be in the child's best interests to remain in the UK, the child's social worker must take the necessary steps to identify a suitable alternative placement in accordance with the Placement for Adoption Procedure and amend the child's immigration status.

Once an adoptive family has been identified, the child's social worker will notify the Department for Education. The Department for Education will advise the child's country of origin of the change.


17. Review of Prospective Adopter's Approval

The requirements for reviewing the approval of approved inter country adopters with no placement is the same as for agency adopters, i.e. every 12 months - see Section 10, Review of Prospective Adopters’ Approval of Assessment and Approval of Agency Adoptive Parents Procedure.

This requirement to review continues until (in relation to a Convention country) the prospective adopters have received notification in writing from the central authority that an agreement under Article 17 has been made so the adoption may proceed or (in relation to a non-Convention country) the prospective adopters have visited the child in their country and confirmed in writing that they wish to proceed with the adoption.


18. Statutory Guidance on Placing a Child in Care with Relatives Abroad Prior to a Possible Adoption

18.1 Status
18.2 Background
18.3 Children not Subject to a Care Order
18.4 People Closely Connected to the Child
18.5 Reasons for the Child Being placed for an Assessment Outside England and Wales
18.6 Planning for the Placement Abroad
18.7 Article 56 of the Council Regulation (ED) No 2201/2003 (Brussels IIa)
18.8 The Care Plan
18.9 Immigration Rules of the Receiving State
18.10 Monitoring the Placement
18.11 Planning for the Outcome of the Placement
18.12 Where Adoption Becomes the Preferred Option
18.13 Case Study

18.1 Status

This Guidance is issued by the Secretary of State for Children, Schools and Families under section 7 of the Local Authority Social Services Act 1970.  Section 7 of the 1970 Act requires local authorities in carrying out their social services functions to act under the general guidance of the Secretary of State.  This Guidance should be complied with by local authorities when exercising these functions, unless local circumstances indicate exceptional reasons that justify a variation. 

The Guidance should be read in conjunction with the Adoption and Children Act 2002 Guidance: Children's Services Guidance and the Children Act 1989 Guidance. 

18.2 Background

This Guidance follows the Court of Appeal decision in Re A (A Child) [2009] EWCA Civ 41 which held that the requirement under section 84(4) of the Adoption and Children Act 2002 ('the 2002 Act') for the child to have his or her home with the prospective adopters for 10 weeks before the court can make an order for parental responsibility under section 84(1) of that Act, could be partly or fully fulfilled by time spent with the prospective adopters in their home abroad.  The Court of Appeal also held that a placement for assessment abroad which might lead to adoption was not a placement for adoption and was therefore a legitimate use of paragraph 19(1) of Schedule 2 to the Children Act 1989 ("the 1989 Act"). 

This Guidance is to support a local authority planning to place a child who is subject to an interim Care Order or a final care order with relatives - or, in certain circumstances, other persons who are closely connected to the child   who are being considered as potential adopters, but where no decision has been made by the authority to place the child for adoption with those relatives. The Guidance deals specifically with applications to the court under paragraph 19(1) of Schedule 2 to the 1989 Act ('a paragraph 19(1) application') for approval to place a child in care with relatives abroad under a fostering arrangement prior to a possible adoption.  It outlines the steps and issues local authorities need to consider before making such an application.

A local authority should only seek to make a paragraph 19(1) application to place the child with relatives abroad where adoption by those relatives is one of a range of possible outcomes for the child.  Such a placement would allow the local authority to assess whether the placement is the right one, particularly in cases where those relatives are unable to come to England or Wales for part or all of the required 10 week period under section 84(4) of the 2002 Act. 

Paragraph 19(9) of Schedule 2 to the 1989 Act is clear that the provisions of paragraph 19 do not apply where a local authority is placing a child for adoption with prospective adopters and therefore this Guidance does not cover procedures relevant to adoptive placements.  Where the local authority is placing a child abroad for adoption, or where there is authority to place a child for adoption (either by a placement order or parental consent), the authority should consider the relevant provisions of the 2002 Act, the Adoptions with a Foreign Element Regulations 2005, the 1993 Hague Convention on Protection of Children and Co-operation in respect of Inter country adoption ('the Hague Convention'), and accompanying Guidance.  Particular attention will need to be paid to the requirements of sections 42, 84 and 85 of the 2002 Act. 

18.3 Children not Subject to a Care Order

In cases where a child is provided with accommodation under section 20 of the 1989 Act (i.e. not subject to an interim or final care order), the local authority may place that child abroad under paragraph 19(2) of Schedule 2 to the 1989 Act with the agreement of all those with parental responsibility for the child.  However, paragraph 19(6) makes it clear that the requirements of section 85 of the 2002 Act are only disapplied where a child is to live outside England and Wales with the approval of the court. This means that where there is no court approval, the local authority will need to consider whether an offence may be committed under section 85 if the child is placed abroad with relatives under paragraph 19 prior to a possible adoption without those relatives first having obtained an order for parental responsibility under section 84 of the 2002 Act. 

18.4 People Closely Connected to the Child

There may be circumstances in which the local authority is considering placing a child with persons abroad who are not relatives, but are closely connected to the child.  The local authority should only do so where special circumstances exist, such as cases where the child is being placed for assessment with potential adopters who had previously adopted the child's birth sibling(s), or where there is an existing close attachment between the child and the potential adopters.  In all cases, the local authority will need to be satisfied that the placement abroad with those persons is in the child's best interests.

18.5 Reasons for the Child being Placed for an Assessment Outside England and Wales

The local authority will need to consider the child's best interests in deciding whether it is appropriate for all or part of the placement for assessment to take place outside England or Wales.  In particular, the local authority should plan to minimise any risks of the placement disrupting whilst the child is abroad.

 The local authority should explore the possibility of the relatives coming to England or Wales for a shorter period or, if a couple, for one of them to come for some of the time.  The Court of Appeal decision in Re G (A Child) [2008] EWCA Civ 105 held that it was not necessary for both prospective adopters to live with the child for the full 10 week period to satisfy the requirement of "having a home" under section 84(4) of the 2002 Act, provided the local authority has sufficient time to complete a satisfactory assessment.

 In particular, the following issues should be considered by the local authority when considering where the placement should be:

  • Whether it is practical for the relatives to move to England or Wales for 10 weeks or more. Any application for a Convention Adoption order1, section 84 order or adoption order cannot be made until after the 10 week period has elapsed.  The relatives will need to wait for their application to be dealt with before taking the child out of England or Wales. Alternatively, they may have to return to the receiving State without the child. This may not necessarily be in the child's best interests; 
  • The most suitable place for a helpful assessment which can provide the maximum information and material for an assessment of the relatives' ability to provide a successful permanent placement for the child;
  • Whether proper arrangements can be made for a full assessment to be conducted in the relatives' home country;
  • Potential disruption to the child's education if the placement were to take place abroad.

18.6 Planning for the Placement Abroad

The local authority must ensure that any placement under paragraph 19(1) of Schedule 2 to the 1989 Act prior to a possible adoption has been carefully planned.  In particular, the following issues should be considered as part of the plan for placement:

  • Whether the child is in care i.e. subject to an interim care order or final care order;
  • Whether there are relatives within England or Wales with whom the child can be placed;
  • Whether a placement order will be necessary and, if so, the timing of any placement order application, (taking into account that paragraph 19(1) approval can only be obtained in respect of a child in care and that a care order ceases to have effect when a placement order is in force);
  • Whether there is a bond/close attachment between the child and the relative/connected person;
  • The impact of placing the child abroad on arrangements for contact with the birth family;
  • The wishes and feelings of the child;
  • The wishes and feelings of the birth parents;
  • The legal basis for the placement in the short-term and in the long-term;
  • Approval of relatives as local authority foster parents under the Fostering Services Regulations 2002/ the Fostering Services (Wales) Regulations 2003;
  • At what point the relatives will need to be assessed as prospective adopters by the authorities in the receiving State;
  • Identifying and forming good links between the local authority professionals and the professionals in the receiving State;
  • The immigration rules and visa arrangements for the child to go abroad for assessment and subsequently to be permitted to enter and reside permanently in the receiving State Plans to facilitate secure attachments between the child and relatives to help ensure stable placements;
  • How the placement will be monitored;
  • What support services, including accommodation and financial support, will be provided by the local authority;
  • At what stage the child might be placed for adoption or other type of placement for permanence.  How this will impact on panel dates/court proceedings/court dates/visits and reports;
  • Where any adoption proceedings might take place (in England or Wales or in the receiving State);
  • Attendance of relatives at court proceedings in England or Wales.  Or whether the relatives will accompany the child if he or she has to return to England or Wales until a section 84 or adoption order is made;
  • If adoption proceedings are to take place abroad, whether the adoption order will be recognised in England or Wales;
  • If adoption proceedings are to take place in England or Wales, whether the child will need to return to the UK following the assessment placement (for example,  for the purposes of obtaining a visa granting indefinite leave to remain in the receiving State).

18.7 Article 56 of the Council Regulation (EC) No 2201/2003 (Brussels lla)

Local authorities will need to consider whether the provisions of Article 56 of Council Regulation (EC) No 2201/2003 (known as Brussels IIa) are relevant.  Article 56 applies to all Member States of the EU (except Denmark) and, in particular, requires that where a court is considering the placement of a child with a foster family in another Member State where public authority intervention is required for domestic placements, it should first consult the relevant authority in that Member State.  The relevant authority is usually the Central Authority, but this will vary from country to country.

18.8 The Care Plan

Local authorities will need to include, as part of their paragraph 19(1) application, the Care Plan for the child.  The care plan should include information about why the fostering arrangement under paragraph 19(1) is appropriate and how it will meet the child's needs.  The care plan should include the range of options the local authority is considering for the child, along with detailed reasons why the local authority's preference is to place the child with the relatives abroad.  There should be a strong case for the child being considered for possible adoption abroad rather than domestic adoption, such as an existing and close connection between the child and the relatives/connected persons.  The local authority should make clear what the legal basis of that placement might be in the short-term and in the long-term, and demonstrate that is has considered the appropriateness of contact with birth parents/other relatives and how this will be managed whilst the child is placed abroad.

The care plan should specifically address the following issues, some of which are covered in more depth below:

  • The reasons for the fostering placement being outside England or Wales;
  • The immigration rules of the country where the child is to be placed; 
  • The relatives' legal right to bring a child into the receiving State as a visitor and/or for adoption;
  • The wishes and feelings of the child;
  • The wishes and feelings of the birth parents;
  • Plans to facilitate secure attachments etc;
  • Arrangements for monitoring and supervising the placement;
  • Managing Parental Responsibility and statutory duties whilst the child is abroad;
  • The arrangements for the child's return to England or Wales and the alternative care arrangements for the child if the placement is unsuitable or breaks down;
  • Whether the relatives are expected to return to England or Wales and obtain a section 84 order or to proceed to adoption by applying for a Convention adoption order in the receiving State if adoption becomes the preferred option;
  • What support services will be available following the making of an adoption order;
  • The requirement for post-placement/adoption reports.

The local authority should prepare a detailed timetable of the steps in the assessment and court process, taking into account the requirements of Hague Convention, the 'ten week requirement' under section 42(2) or section 84(4) of the 2002 Act as applicable, the 'sufficient opportunities' requirement under s42(7) of the 2002 Act, fostering approval under the Fostering Services Regulations 2002 or the Fostering Services (Wales) Regulations 2003, the requirements of the Adoptions with a Foreign Element Regulations 2005, Adoption Agencies Regulations 2005 or Adoption Agencies (Wales) Regulations 2005, the court timetable, and immigration requirements.

18.9 Immigration Rules of the Receiving State

The local authority should seek specialist adoption/immigration advice in the receiving State to clarify immigration and citizenship issues in relation to the child entering and settling in the receiving State.  The local authority should consider whether the relatives' status permits them entry into England and Wales or whether they need to satisfy visa requirements and whether they can sponsor the child to stay as well as to be adopted in the receiving State.  The local authority should also consider what needs to be done to facilitate the child's entry and whether the immigration rules would allow the child to remain for an indefinite period without the child having to return to England or Wales. 

 The local authority should plan for the period the child is permitted to stay in the receiving State under that country's immigration rules, including consideration of the period, terms and conditions under which the child is permitted to stay in the country.

Where the local authority is considering placement plans other than adoption it should obtain advice on the recognition and effect of any proposed order (obtained in England or Wales) in the receiving State and how it will affect the status of the child in the receiving State both in the short term and as an adult.

 The local authority should consider any visa requirements for social workers accompanying the child and the length of time required to acquire the necessary permits for social workers to enter, remain and/or work in the receiving State.  For example, a social worker may need a work permit to carry out an assessment abroad.  It is important to ensure that the social worker will not breach the immigration rules of the receiving State.  Future plans for contact between the child and social worker should include exploring possible immigration issues to resolve immigration problems that might inhibit contact at a later stage.

 Local authorities should consider whether social workers are required to be registered with a professional body in the receiving State as well as whether their professional indemnity cover extends to such activity.

18.10 Monitoring the Placement 

Under section 22 of the 1989 Act, the local authority has a duty to safeguard and promote the welfare of any child who is looked after by them which includes, in particular, a duty to promote the child's educational achievement.  In addition, the local authority has parental responsibility for the child (shared with the birth parents) when a care order is in place under section 31 of the 1989 Act. 

Local authorities will need to consider the requirements of the Fostering Services Regulations 2002 and the Review of Children's Cases Regulations 1991 in relation to the supervising, and reviewing, of the placement.  The 1991 Regulations will be superseded by the Care Planning, Placement and Care Review Regulations (England) 2010 which will come into force on 1 April 2011.

Prior to making a paragraph 19(1) application, the local authority will need to consider how these duties and requirements will be discharged during the child's placement abroad and, in particular, should include in the care plan details of the arrangements made for supervision of the child's placement.  The local authority will need as part of the paragraph 19(1) application to be able to satisfy the court that there are suitable arrangements in place for the child's reception and welfare whilst abroad.

The local authority will also need to ensure that they have sufficient opportunities to assess the placement whilst the child is with the relatives in the home environment abroad.

Local authorities should consider whether agencies in the receiving State may be able to assist in supervising and monitoring the child's placement abroad, particularly where an agency abroad has already conducted an assessment of the relatives and will therefore have knowledge and information about them. 

18.11 Planning for the Outcome of the Placement

There are a number of possible outcomes following the fostering placement abroad, including returning the child who remains subject to a care order to live in England or Wales; an adoption under the Hague Convention or a non-Convention adoption where the receiving State is not a Convention country (both may involve adoption proceedings in either England, Wales or the receiving State); a long-term fostering placement, a residence order or a special guardianship order. These orders or placements may involve the child living in England or Wales or abroad with the relatives.

Local authorities should include in any application under paragraph 19(1) plans to reintegrate the child into their previous or a new environment in England or Wales if the placement is unsuitable or breaks down during or after the period abroad, including the arrangements for returning the child to England or Wales.   The local authority should establish whether the receiving State is a signatory to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, and if not, whether the receiving State's authorities will recognise and support the local authority's parental responsibility and right to the return of the child to England or Wales if necessary.

18.12 Where Adoption Becomes the Preferred Option

Where adoption by the relatives with whom the child has been placed becomes the preferred option, the local authority will need to consider the relevant legislation and procedures (as set out in paragraph 6 above).

Where the child is to be adopted by the relatives abroad, consideration will need to be given to whether it is appropriate for the child to return to England or Wales prior to beginning the placement for adoption.  If the child is to return, then the local authority should be aware of the need for those relatives to obtain a section 84 order.

Hague Convention adoptions will either involve adoption proceedings in the receiving State (a Convention adoption) or adoption proceedings in England and Wales (a Convention adoption order).  An adoption should proceed under the Convention in all cases where the Convention is in force between the UK and the receiving State. Local authorities must contact the Intercountry adoption casework team about these cases.

England: Telephone - 0870 000 2288 or email ica.darlington@dcsf.gsi.gov.uk

Local authorities should consider section 49 of the 2002 Act and establish the residence and domicile status of the prospective adopters, as well as considering the immigration laws of the receiving State.  These factors might influence the decision as to whether adoption proceedings will be commenced in the receiving State or in England, or Wales following a section 84 order or whether it is more appropriate to commence Convention adoption order proceedings in England or Wales or in the receiving State.  An example of the processes to be followed if a decision is made to proceed to a Convention adoption is at Annex A.

Annex A 

18.13 Case Study

The child's fostering placement for an assessment is with relatives abroad; Convention Adoption where adoption proceedings are contemplated in the receiving State

This case study is an example.  It is not intended to be prescriptive as to best practice and may not be an appropriate model in all cases.

Phase 1

  1. A child in the care of the local authority is being considered for Intercountry adoption with relatives abroad;
  2. The local authority contacts the Central Authority, the Department for Education, to inform them that the child is being considered for Intercountry adoption;
  3. DfE informs the Central Authority in the receiving State about the case and requests advice on roles, responsibilities and procedures for the receiving State's Convention cases;
  4. The relatives travel to the child's home in England, where they are introduced to the child and observe the child's routine in the child's current environment. The child might be placed with those relatives under regulation 38 of the Fostering Services Regulations 2002 (FSR 2002) (subject to the prescribed checks) or with sufficient time, this could be a foster placement;
  5. The local authority should seek advice from an immigration/adoption law specialist in the receiving country to clarify immigration and citizenship issues in relation to the child entering and settling in the receiving State;
  6. The local authority files an application at court for approval under paragraph 19(1) of Schedule 2 to the Children Act 1989. Evidence is filed in support of the application; the application is heard and approval granted;
  7. The child travels to the receiving State with the relatives, a carer known to the child and a social worker for a placement assessment;
  8. Further introductions take place with the family and the child within 1-2 weeks, after which the present carer will return. The social worker will remain for a period of up to 4 weeks and then return to England;
  9. The child remains with the relatives and their family for the statutory period - at least 10 weeks;
  10. Whilst in the receiving country, the social worker will commence assessment pursuant to Regulation 31(2)(d) of the Adoption Agencies Regulations 2005 (AAR 2005) and section 43 of the 2002 Act (in respect of an application for a section 84 order). 

Phase 2

  1. The DfE receives the Article 15 report (Home Study Report) from an accredited adoption agency in the receiving country; 
  2. DSCF check the Article 15 report for completeness and compliance and send it to the local authority;
  3. The local authority set Adoption Panel for match following Prospective Adopters being approved in the Article 15 report;
  4. The social worker sends the 'adoption placement report' pursuant to Regulation 31(2) (d) AAR 2005 to the relatives 10 working days in advance of the proposed Adoption and Permanency Panel. The social worker completes the child's permanency report (to include a summary of possibilities for placement of the child within the United Kingdom) and an assessment of whether adoption by the relatives abroad is in the child's best interests pursuant to Regulation 38 of the Adoption with a Foreign Element Regulations 2005 (AFER 2005);
  5. The child returns to England. If the report recommends adoption by the relatives they come with the child;
  6. If it is then thought necessary and appropriate the local authority will pursue an application for a placement order pursuant to Section 18 of the 2002 Act;
  7. Pursuant to Regulation 44 of AFER 2005 the local authority's Adoption and Permanency Panel will consider the matching report and Article 15 report. 

Phase 3

  1. If taking into account the Adoption Panel's recommendations, the agency makes the decision that the placement should proceed, the local authority will notify the DfE (Reg 40 AFER 2005) and prepare a report in accordance with Article 16 (Reg 46 AFER 2005), including the reasons for their decision. The local authority will provide details to DfE in respect of any placement order or consent provided by the birth parent;
  2. The local authority sends the Article 16 report to the DfE who will forward it to the Central Authority of the receiving country;
  3. The prospective adopters decide to adopt in the receiving State rather than in England (this is the latest point at which this decision should be made);
  4. The adoption agency confirms to DfE that:
    1. It has met the prospective adopter and explained the requirement to make an application for an order under section 84 of the 2002 Act before the child can be removed from the UK for the purpose of adoption;
    2. The prospective adopter has visited the child;
    3. The prospective adopter is content for the adoption to proceed.
  5. The Central Authority of the receiving State confirms the matters set out in regulation 47(1)(a) - (e) AFER 2005;
  6. DfE and the Central Authority of the receiving State agree that the adoption may proceed (in accordance with Article 17(c));
  7. The adoption agency places the child for adoption with the prospective adopter (as long as authority to place for adoption has been obtained by agreement of each parent or guardian or a placement order) and provides the prospective adopters with a placement plan;
  8. The prospective adopter files an application for an order under section 84 of the 2002 Act and evidence in support of the application, including evidence to satisfy the requirement in regulation 48(a) and (f)  of the AFER 2005;
  9. The adoption agency files evidence in respect of the section 84 application, to include evidence to satisfy the requirements of regulation 48 (b) - (e) of the AFER 2005.

Phase 4

  1. The application under section 84 of the 2002 Act for parental responsibility is determined by the court. If that is granted the care order and any other Children Act 1989 orders will be automatically discharged. The local authority will arrange for goodbye visits for the child with the child's family- (note that after grant of a section 84 order the local authority will no longer have parental responsibility and will need the consent of the prospective adopters for the visits);
  2. Subject to the court granting a parental responsibility order the relatives will travel with the child to the receiving State and will apply for a Convention Adoption within the receiving State;
  3. The Central Authority in the receiving State will issue an Article 23 certificate to the UK Central authority when the adoption order is made. DfE will record and forward Article 23 certificate to the local authority.

End