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18 Inter Country Adoption
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136 <h1>
136 Inter Country Adoption
136 </h1>
141 <div class="well">
142 <p class="bold">
142 SCOPE OF THIS CHAPTER
143 </p>
144 <p>
144 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.
144 </p>
145 <p>
145 For procedures in relation to the placement of a child resident in the UK with adopters
resident overseas, see
145 <a href="p_place_adop.html">
145 Placement for Adoption Procedure
145 </a>
145 .
145 </p>
146 <p class="bold">
146 RELATED GUIDANCE
147 </p>
148 <p>
148 <a href="https://www.gov.uk/guidance/adoption-support-fund-asf" target="_blank"
rel="noopener">
148 Adoption Support Fund
148 </a>
148 </p>
149 <p>
149 <a href="https://www.gov.uk/child-adoption/adopting-a-child-from-overseas"
target="_blank" rel="noopener">
149 Adopting a Child from Overseas, GOV.UK
149 </a>
149 </p>
150 <p class="bold">
150 RELEVANT CHAPTER
150 </p>
151 <p>
151 <a href="p_assess_approval_adopt.html">
151 Assessment and Approvals of Prospective Adopters Procedure
151 </a>
151 </p>
152 </div>
159 <div class="section">
159 <h2 id="intro">
159 1. Introduction
159 </h2>
160 <p>
160 Applications for overseas adoption can only be accepted from residents of the local
authority's area.
160 </p>
161 <p>
161 Applications will be accepted from couples or single people.
161 </p>
162 <p>
162 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 they are adopted and to preserve and promote the child's cultural and ethnic origin.
162 </p>
163 <p>
163 There is a charge for the assessment process for applicants.
163 </p>
164 </div>
165 <div class="section1">
165 </div>
171 <div class="section">
171 <h2 id="responding">
171 2. Responding to Requests for Information
171 </h2>
172 <p>
172 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 local authority area 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.
172 </p>
173 <p>
173 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 Children in Care,
including how they are referred to other adoption agencies.
173 </p>
174 <p>
174 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.
174 </p>
175 <p>
175 Those receiving the Information Pack will be asked to contact the Adoption Service if they
wish to know more and proceed further.
175 </p>
176 </div>
177 <div class="section1">
177 </div>
183 <div class="section">
183 <h2 id="initial_meeting">
183 3. Initial Meeting
183 </h2>
184 <p>
184 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.
184 </p>
185 <p>
185 The purposes of the initial meeting are:
185 </p>
186 <ul>
187 <li>
187 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;
187 </li>
188 <li>
188 To discuss the need to identify personal referees, the process of Disclosure and Barring
Service and other required checks including full medical reports;
188 </li>
189 <li>
189 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;
189 </li>
190 <li>
190 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;
190 </li>
191 <li>
191 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;
191 </li>
192 <li>
192 To answer as far as possible any questions the prospective adopters may have regarding
inter country adoption;
192 </li>
193 <li>
193 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) - see
193 <a href="https://www.gov.uk/child-adoption/adopting-a-child-from-overseas"
target="_blank" rel="noopener">
193 Intercountry Adoption and Resident Status Requirements
193 </a>
193 (The entry clearance requirements vary depending upon the circumstances of each case and
prospective adopters will need to obtain their own independent legal advice to establish
the requirements that apply to their individual circumstances.);
193 </li>
194 <li>
194 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;
194 </li>
195 <li>
195 To outline the process involved in adopting a child from overseas;
195 </li>
196 <li>
196 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;
196 </li>
197 <li>
197 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 of whether or not the applicants are approved.
197 </li>
198 </ul>
199 </div>
200 <div class="section1">
200 </div>
206 <div class="section">
206 <h2 id="formal_app">
206 4. Formal Application
206 </h2>
207 <p>
207 If the prospective applicants wish to proceed further with an application after the initial
meeting, they will be sent a application form to complete and return, together with the an
invoice for the fee for the home study report and checks.
207 </p>
208 <p>
208 People who wish to adopt a child from overseas and earn £45,000 per year or less can apply
for a fee reduction. More information on entitlement to a fee reduction can be found in the
208 <a
href="https://www.gov.uk/government/publications/intercountry-adoption-means-test-form"
target="_blank" rel="noopener">
208 Intercountry Adoption: Means Test Form
208 </a>
208 .
208 </p>
209 <p>
209 At this point, 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.
209 </p>
210 <p>
210 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.
210 </p>
211 <p>
211 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.
211 </p>
212 <p>
212 The applicants must also agree to undertake and pay for a medical examination (see paragraph
6 below), identify 3 personal referees (including one relative) and consent to the taking up
of references and other statutory checks (see
212 <a href="#checks_ref">
212 Section 7, Checks and References
212 </a>
212 ).
212 </p>
213 <p>
213 Once a completed Application Form has been received, a new Adoption Case Record should be
opened for the applicants.
213 </p>
214 <p>
214 An adoption social worker will be allocated. The allocated worker must fulfil the
qualifications and experience criteria set out in
214 <a href="p_adop_panel.html#reports_adop">
214 Adoption Panel Procedure, Reports to Adoption Panel
214 </a>
214 .
214 </p>
215 <p>
215 The allocated worker will make a referral for the prospective adopters to attend a course of
Preparation Groups.
215 </p>
216 </div>
217 <div class="section1">
217 </div>
223 <div class="section">
223 <h2 id="prep_group">
223 5. Preparation Groups
223 </h2>
224 <p>
224 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.
224 </p>
225 <p>
225 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.
225 </p>
226 <p>
226 A report by the facilitators of the Groups will be included when the Prospective
Adopter's Report is presented to the Adoption Panel.
226 </p>
227 <p>
227 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.
227 </p>
228 <p>
228 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.
228 </p>
229 </div>
230 <div class="section1">
230 </div>
236 <div class="section">
236 <h2 id="health">
236 6. Health
236 </h2>
237 <p>
237 Prospective adopters must have a full medical examination and agree to a written report
being obtained, at their own cost, from their GP. The social worker will provide the
applicants with the relevant CoramBAAF medical forms for completion by the GP.
237 </p>
238 <p>
238 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.
238 </p>
239 <p>
239 The prospective adopters should have been seen in the 3 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.
239 </p>
240 <p>
240 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.
240 </p>
241 </div>
242 <div class="section1">
242 </div>
248 <div class="section">
248 <h2 id="checks_ref">
248 7. Checks and References
248 </h2>
249 <p>
249 A Disclosure and Barring Service 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.
249 </p>
250 <p>
250 As well as writing to the Disclosure and Barring Service (for enhanced checks), checks will
be made with the relevant Health Trust, Probation, Education and Children's Social Care
Services records.
250 </p>
251 <p>
251 (In some instances, the relevant overseas authority may consider that Disclosure and Barring
Service checks are only valid for 6 months, in which case the adoption social worker should
explain to the applicant that second Disclosure and Barring Service checks will need to be
carried out again later in the assessment process.)
251 </p>
252 <p>
252 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.
252 </p>
253 <p>
253 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.
253 </p>
254 <p>
254 The referees should be asked to comment on:
254 </p>
255 <ol style="list-style-type:lower-alpha">
256 <li>
256 The length of time the referee has known the applicant, in what circumstances, how they
met and how regularly they are in contact;
256 </li>
257 <li>
257 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;
257 </li>
258 <li>
258 The applicants' general physical and emotional well being;
258 </li>
259 <li>
259 How the applicants relate to children, with examples, and what experience the applicants
have of caring for children;
259 </li>
260 <li>
260 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;
260 </li>
261 <li>
261 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;
261 </li>
262 <li>
262 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;
262 </li>
263 <li>
263 Any reservations the referee has and whether the referee wholeheartedly supports the
application.
263 </li>
264 </ol>
265 <p>
265 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.)
265 </p>
266 <p>
266 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.
266 </p>
267 <p>
267 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.
267 </p>
268 <p>
268 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.
268 </p>
269 <p>
269 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.
269 </p>
270 <p>
270 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.
270 </p>
271 <p>
271 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
271 <a href="#presentation">
271 Section 9, Presentation to the Adoption Panel
271 </a>
271 to
271 <a href="#represent">
271 Section 11, Representations/Review Procedure
271 </a>
271 </p>
272 </div>
273 <div class="section1">
273 </div>
279 <div class="section">
279 <h2 id="home_study">
279 8. Home Study
279 </h2>
280 <p>
280 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
280 <a href="p_adop_panel.html#reports_adop">
280 Adoption Panel Procedure, Reports to Adoption Panel
280 </a>
280 .)
280 </p>
281 <p>
281 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 of
281 <a href="p_assess_approval_adopt.html">
281 Assessment and Approvals of Prospective Adopters Procedure
281 </a>
281 .
281 </p>
282 <p>
282 This procedure only sets out the additional procedures in relation to inter country
adopters.
282 </p>
283 <p>
283 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.
283 </p>
284 <p>
284 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.
284 </p>
285 <p>
285 As part of the home study, the assessing social worker should consider:
285 </p>
286 <ol style="list-style-type:lower-alpha">
287 <li>
287 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;
287 </li>
288 <li>
288 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;
288 </li>
289 <li>
289 For this purpose, public funds include income support, housing benefit, child benefit,
working tax credit, child tax credit, council tax reduction, attendance allowance,
jobseeker's allowance, employment and support allowance (ESA); personal independence
payments, and universal credit (in some areas) - see
289 <a href="https://www.gov.uk/browse/benefits" target="_blank" rel="noopener">
289 GOV.UK Benefits
289 </a>
289 ;
289 </li>
290 <li>
290 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;
290 </li>
291 <li>
291 The applicants' ability to accept uncertainty regarding a child's medical and social
background, and developmental prospects;
291 </li>
292 <li>
292 The suitability of the applicants to adopt more than one child, if this is what they have
applied for.
292 </li>
293 </ol>
294 <p>
294 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.
294 </p>
295 <p>
295 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.
295 </p>
296 <p>
296 The assessment should also consider the likely need for adoption support services of the
applicants and any member of their family, including:
296 </p>
297 <ul>
298 <li>
298 Advice and counselling, for example with managing a child's behaviour and/or helping the
child to deal with racism or any other discrimination;
298 </li>
299 <li>
299 Health, education, leisure and cultural services;
299 </li>
300 <li>
300 Information about local and national support groups and services;
300 </li>
301 <li>
301 Helping the child to explore their birth heritage.
301 </li>
302 </ul>
303 <p>
303 See
303 <a href="p_adop_support.html">
303 Adoption Support Procedure
303 </a>
303 .
303 </p>
304 <p>
304 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.
304 </p>
305 <p>
305 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.
305 </p>
306 <p>
306 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.
306 </p>
307 <p>
307 The applicant should also be advised of their right to attend the meeting of the Adoption
Panel, which considers their case.
307 </p>
308 <p>
308 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.
308 </p>
309 </div>
310 <div class="section1">
310 </div>
316 <div class="section">
316 <h2 id="presentation">
316 9. Presentation to the Adoption Panel
316 </h2>
317 <p>
317 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.
317 </p>
318 <p>
318 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
318 <a href="p_adop_panel.html">
318 Adoption Panel Procedure
318 </a>
318 .)
318 </p>
319 <p>
319 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.
319 </p>
320 <p>
320 The Panel will consider the written report together with all the supporting documentation
and any additional information presented verbally, make a recommendation to the
320 <a href="pr_desg_man.html#agency_adopt">
320 Agency Decision Maker (Adoption)
320 </a>
320 regarding the suitability of the applicants to adopt a child, and give advice as to the
named country from which the prospective adopters should adopt. The Panel must also consider
and may give advice on related matters, including 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 also specify the name and date of birth of the child.
320 </p>
321 <p>
321 The recommendation and any advice given will be recorded in writing, with reasons, in the
Panel's minutes.
321 </p>
322 <p>
322 The applicants will be informed verbally of the Panel recommendation on the same day as the
meeting.
322 </p>
323 </div>
324 <div class="section1">
324 </div>
330 <div class="section">
330 <h2 id="after_recomm">
330 10. After the Adoption Panel's Recommendation
330 </h2>
331 <p>
331 The Adoption Panel's written recommendation, advice and copies of all reports considered
will be sent to the Agency Decision Maker (Adoption), who will make a decision as to the
suitability of the applicant to adopt a child from a named country.
331 </p>
332 <p>
332 Where the Agency Decision Maker (Adoption) is minded to disagree with the Panel
recommendation, they 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.
332 </p>
333 <p>
333 The decision must be made within 7 working days of the Panel meeting and must be recorded,
together with reasons.
333 </p>
334 <p>
334 The applicants will be advised orally of the decision within 2 working days.
334 </p>
335 <p>
335 Written notice of the decision, signed by the Agency Decision Maker (Adoption), will be sent
to the applicants within 5 working days of the decision.
335 </p>
336 <p>
336 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.
336 </p>
337 <p>
337 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
that it does not guarantee that a child will be considered suitable for them by the overseas
authorities.
337 </p>
338 <p>
338 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.
338 </p>
339 <p>
339 Where the decision differs from the recommendation of the Adoption Panel, a copy of the
Panel recommendation will also be sent with the notification.
339 </p>
340 <p>
340 Counselling, advice and support should be offered to the applicants as necessary.
340 </p>
341 </div>
342 <div class="section1">
342 </div>
348 <div class="section">
348 <h2 id="represent">
348 11. Representations / Review Procedure
348 </h2>
349 <p>
349 If the Agency Decision Maker (Adoption) decides not to approve the application, the
applicant will be advised that if they wish 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.
349 </p>
350 <p>
350 The Representations/Review Procedure is set out in
350 <a
href="https://www.proceduresonline.com/togetherforadoption/p_assess_approval.html#represent_
inde" target="_blank" rel="noopener">
350 Together for Adoption Procedures Manual, Assessment and Approvals of Prospective Adopters
Procedure, Representations / Independent Review Procedure
350 </a>
350 .
350 </p>
351 </div>
352 <div class="section1">
352 </div>
358 <div class="section">
358 <h2 id="after_approval">
358 12. After Approval
358 </h2>
359 <p>
359 Following approval, the Panel Administrator 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 (Adoption) decision. The documents must be sent by recorded
delivery.
359 </p>
360 <p>
360 The
360 <a
href="https://www.gov.uk/government/publications/intercountry-adoption-checklist-for-adoptio
n-agencies" target="_blank" rel="noopener">
360 Intercountry Adoption: Checklist for Adoption
360 </a>
360 details the paperwork adoption agencies must include in intercountry adoption applications
they submit to DfE.
360 </p>
361 <p>
361 The process is as follows:
361 </p>
362 <ul>
363 <li>
363 After approving intercountry adoption applicants as suitable to adopt, adoption agencies
must send a completed application to the Department for Education (DfE) intercountry
adoption casework team;
363 </li>
364 <li>
364 It is recommended that agencies attach the checklist to the front of the application to
make sure they send all the necessary documents;
364 </li>
365 <li>
365 The adoption applicant must complete the contact sheet as part of the application;
365 </li>
366 <li>
366 The checklist includes instructions on when to use the disclaimer;
366 </li>
367 <li>
367 The 'Intercountry adoption and resident status requirements' guidance is for prospective
adopters;
367 </li>
368 <li>
368 Agencies must make sure that the application is complete before sending it to the casework
team as the submission of incomplete files will result in delays.
368 </li>
369 </ul>
370 <p>
370 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.
370 </p>
371 <p>
371 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.
371 </p>
372 <p>
372 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.
372 </p>
373 <p>
373 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.
373 </p>
374 <p>
374 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.
374 </p>
375 <p>
375 The Department of Education will confirm in writing to the adoption service and the
prospective adopters that the papers have been sent.
375 </p>
376 </div>
377 <div class="section1">
377 </div>
383 <div class="section">
383 <h2 id="matching">
383 13. Matching
383 </h2>
384 <p>
384 The matching part of the process may be the subject of considerable delay depending on the
waiting list of the chosen country.
384 </p>
385 <p>
385 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.
385 </p>
386 <p>
386 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.
386 </p>
387 <p>
387 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.
387 </p>
388 <p>
388 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.
388 </p>
389 <p>
389 Before accepting a child, the prospective adopters must travel to meet the child. Where a
couple are applying to adopt, both applicants must travel.
389 </p>
390 <p>
390 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.
390 </p>
391 <p>
391 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.
391 </p>
392 </div>
393 <div class="section1">
393 </div>
399 <div class="section">
399 <h2 id="post_place">
399 14. Post Placement Duties
399 </h2>
400 <p>
400 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.
400 </p>
401 <h3>
401 Children from Designated Countries
401 </h3>
402 <p>
402 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
402 <a href="p_adop_support.html">
402 Adoption Support Procedure
402 </a>
402 ).
402 </p>
403 <p>
403 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.
403 </p>
404 <h3>
404 Children from Non-Designated Countries
404 </h3>
405 <p>
405 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.
405 </p>
406 <p>
406 If an Adoption Order has been made in a Non-Designated Country, the Order is not recognised
in the UK.
406 </p>
407 <p>
407 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.
407 </p>
408 <p>
408 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). This notice should be acknowledged by the Adoption Service.
408 </p>
409 <p>
409 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.
409 </p>
410 <p>
410 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
410 <a href="p_adop_panel.html#reports_adop">
410 Adoption Panel Procedure, Reports to Adoption Panel
410 </a>
410 .
410 </p>
411 <p>
411 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.
411 </p>
412 <p>
412 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 education service for the
area where the prospective adopter lives.
412 </p>
413 <p>
413 Visits to the child should be weekly until the first review.
413 </p>
414 <p>
414 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.
414 </p>
415 <p>
415 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 their 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.
415 </p>
416 <p>
416 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.
416 </p>
417 <p>
417 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.
417 </p>
418 <p>
418 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.
418 </p>
419 <p>
419 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 their 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.
419 </p>
420 <p>
420 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.
420 </p>
421 <p>
421 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.
421 </p>
422 </div>
423 <div class="section1">
423 </div>
429 <div class="section">
429 <h2 id="post_adop_supp">
429 15. Post Adoption Support
429 </h2>
430 <p>
430 Families who have adopted from abroad are eligible for assessment for adoption support as
set out in
430 <a href="p_adop_support.html">
430 Adoption Support Procedure
430 </a>
430 .
430 </p>
431 </div>
432 <div class="section1">
432 </div>
438 <div class="section">
438 <h2 id="placement_breakdown">
438 16. Placement Breakdowns
438 </h2>
439 <p>
439 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.
439 </p>
440 <p>
440 The child's social worker must notify the Department for Education of the outcome.
440 </p>
441 <p>
441 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 of Education. The Department of
Education will notify the relevant overseas authority, which will make arrangements for the
return of the child.
441 </p>
442 <p>
442 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
442 <a href="p_place_adop.html">
442 Placement for Adoption Procedure
442 </a>
442 and amend the child's immigration status.
442 </p>
443 <p>
443 Once an adoptive family has been identified, the child's social worker will notify the
Department of Education. The Department of Education will advise the child's country of
origin of the change.
443 </p>
444 </div>
445 <div class="section1">
445 </div>
451 <div class="section">
451 <h2 id="rev_prosp">
451 17. Review of Prospective Adopter's Approval
451 </h2>
452 <p>
452 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
452 <a
href="https://www.proceduresonline.com/togetherforadoption/p_assess_approval.html#review_pro
sp" target="_blank" rel="noopener">
452 Together for Adoption Procedures Manual, Assessment and Approvals of Prospective Adopters
Procedure, Review of Prospective Adopters' Approval
452 </a>
452 .
452 </p>
453 <p>
453 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.
453 </p>
454 </div>
455 <div class="section1">
455 </div>
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