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Contents

1. Introduction
2. Responding to Requests for Information
3. Initial Visits
4. Checks
5. Preparation Course and Application
6. Health
7. References
8. Home Study
9. Presentation to the Adoption Panel
10. After the Adoption Panel's Recommendation
11. Review Procedure
12. After Approval
13. Matching
14. Adoption Orders
15. Post Adoption Support
16. Placement Breakdowns

1. Introduction

Applications for overseas adoption can only be accepted from residents of Dudley. Applications will be accepted from married 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. 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; in addition, where within 5 years of their approval, domestic approved adopters wish to change their category of approval to become inter country adopters, they will be expected to meet the same charge.

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 Information Leaflet 'So You Want To Adopt?' relating to both domestic and inter country adoption within 5 working days of the request.

Those receiving the leaflet will be asked to contact the adoption service if they wish to proceed further, in which case an office interview will be offered within 2 months.  It is expected that where prospective adopters are a couple, both will attend. 

The purpose of the interview is to provide further information about the nature and implications of adoption, the procedures involved in adopting a child domestically and from overseas, the assessment 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 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 and Skills website and the Overseas Adoption Helpline.

3. Initial Visit

Where prospective applicants still want to proceed, a home visit by a social worker will be offered to take place within one month of the office interview. It is expected that where prospective adopters are a couple, both will be present.

At this point, a new Adoption Case Record should be opened for the prospective adopter and an invoice will be sent for 50% of the assessment fee.

The purposes of the initial visit 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 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 a training course, their commitment to the home study process and their commitment to complete pieces of work themselves as part of the home study
• To explain Children's Social Care charges for the home study and the charges involved in attending a training course

4. Checks

At the initial meeting, prospective adopters who wish to proceed will be asked to write to the adoption service confirming their interest. 

At this point the adoption social worker will provide a Criminal Records Bureau (CRB) application form for each adult in the household and a medical form for completion by the prospective applicants' GP (see Section 6, Health). The prospective adopters will be asked to complete and return the CRB forms.

Applicants will be asked to confirm their identity in accordance with the requirements set out on the Form. 

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

Once the completed applications to the Criminal Records Bureau (for enhanced checks) have been received, arrangements will be made for the forms to be sent and checks to be carried out with the relevant Health Trust, Probation, Education and Children's Social Care records.

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.

5. Preparation Course and Application

Subject to the satisfactory outcome of the above checks, as part of the assessment process, the prospective adopters will be required to attend a preparation course. 

Their assessment will not be completed until they have attended all sessions on the course. A report by the facilitators of the training course will be included in the assessment report presented to the Adoption Panel.

In the event that it is known in advance that the prospective adopters are unable to attend the full course, the adoption worker will liaise with those running the course as to whether a later course might be available or whether the prospective adopters should attend as much of the course as they can.

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

If prospective adopters decide to withdraw during the training course, they should discuss this with the facilitator outside the sessions and a meeting will be arranged with their adoption worker to discuss this. Applicants who withdraw will receive a refund less an amount commensurate with the amount of work already undertaken.

If the prospective adopters wish to proceed they will be asked to complete an application form. At this point, they 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 twins/a sibling group.

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 (which will be provided to applicants).

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. References

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.

The referees will be sent a form to complete. They 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 relevant, the marital 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 applicant's general physical and emotional well being.
4. How the applicant relates to children, with examples, and what experience the applicant has of caring for children.
5. How the applicant has adjusted to childlessness if this is the case, how he or she has prepared to become adoptive parents, how much he/she has shared with the referees and how open he/she is in talking about the issues surrounding adoption.
6. How ready the applicant is to adopt from overseas, with examples, how he/she might be able to deal with racism and help a child to develop strategies to deal with this, and how the family network will react to a child from a different ethnic background.
7. If the applicant has a child or 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 (which will take place during the home study). 

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

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.

8. Home Study

An adoption worker will be allocated to carry out a home study of the applicants, which should be completed within 6 months of the application. The assessment is carried out in the same way as for domestic adoption.

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

The home study is an assessment of the suitability of the applicants to adopt and a further preparation for adoptive parenthood. It should be an open process during which information and views will be shared and feedback given.

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.

BAAF Form F is used as a basis for preparing the report.

The home study will consist of a series of interviews, most of which will be carried out at the applicant's home. 

Each applicant should be interviewed on their own and with their partner; all members of the household and all the children of the family must also be seen separately on at least one occasion, including children of previous relationships. 

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:

1. A chronology of events in each applicant's life must be compiled, showing his or her educational, employment, marital and relationship history, experience of caring for children and addresses for the previous 10 years; any gaps and/or unusual patterns should be explored.
2. All information provided by applicants must be independently verified where possible
3. Where an applicant has been divorced or separated, factors contributing to the breakdown of the relationship must be verified. (This applies equally to significant relationships between unmarried couples.)
4. 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
5. The applicant's financial status should be established 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.) 
6. 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.
7. 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.
8. The applicants' ability to accept uncertainty regarding a child's medical and social background, and developmental prospects, must be explored.
9. The suitability of the applicants to adopt more than one child, if this is what they have applied for, must be assessed. 

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. 

Any concerns or disagreements between the adoption worker and the applicants about the applicants' ability or capacity to meet the needs of a child adopted from overseas should be addressed.

If the applicants do not agree with the social worker's recommendation to the Adoption Panel, full reasons should be given and the applicants' response included.

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.

Applicants wishing to adopt a second or third child will need to be reassessed. This will not usually start until after the adoption order in relation to the first child has been made in the UK (in relation to a child from a Non-Designated Country) or until 12 months have elapsed since the child has lived with the applicants, (in relation to a child from a Designated Country).

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 Adoption Support Services Procedures.

The completed Home Study report and recommendations of the adoption worker carrying out the assessment should be shared with and signed by the applicant. This gives the applicant the opportunity to make any comments, for example, by expressing disagreement or support for the recommendations. 

The applicant will be given 28 days in which to make any written observations and comments on the contents of the reports or asked to sign a disclaimer stating they do not wish to take 28 days to comment.

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

A copy of the report should be sent to the Panel Administrator at least 14 days before the relevant Panel meeting.

9. Presentation to the Adoption Panel

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 as to 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).

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 (Inter Country Adoption).  

The recommendation will relate to the suitability of the applicants to adopt a child from a named country, including the number, age range, gender and characteristics of 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 recommendation should specify the name and date of birth of the child.

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

If the applicants do not attend the Panel, they 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 will be sent to the Agency Decision-Maker (Inter Country Adoption), who will make a decision as to the approval of the applicant. 

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

Written notice of the decision, signed by the Agency Decision-Maker (Inter Country Adoption), will be sent to the applicants by the Panel Administrator within 5 working days of the decision. 

Where the decision is that the applicants are suitable, the notice must specify the number, age range, gender and characteristics of child or children for whom the applicant would be suitable, as well as the country from which they wish to adopt. 

For 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, the reasons for the Panel recommendation will also be given.

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

The Panel Administrator will send the applicants an invoice for the final fee for the assessment in accordance with a scale of fees agreed from time to time by the adoption service. The appropriate level of fee is payable regardless of whether an application is successful.

11. Review Procedure

If the Agency Decision-Maker (Inter Country Adoption) decides not to approve the application, the applicant will be advised that if he or she wishes to challenge the decision, a referral can be made to the Independent Review Mechanism (run by BAAF) within 28 days of receipt of the notification of the decision.

The Review Procedures is set out in Section 9 of Assessment and Approval of Adoptive Parents Procedure

12. After Approval

Following approval, the Panel Administrator will forward to the Department for Education and Skills the reports presented to the Adoption Panel, the Adoption Panel minute and the written notice of the Agency Decision-Maker (Inter Country Adoption)'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 and Skills.

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 and Skills 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 and Skills 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 and Skills, 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 discuss the child with the prospective adopters before they make a decision or make any plans to travel to meet the child.

Before accepting a child, the applicants 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 Skills, 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. Adoption Orders

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.

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.

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. Immigration requirements are set out in the Home Office leaflet on inter country adoption, which is included in the Information Pack. 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). This gives the child the status of a 'Protected Child' and the notice should be acknowledged by the adoption service.

An adoption application must then be made within 2 years; an Adoption Order cannot, however, be made until the child has lived with the prospective adopters for 6 months or more.

The adoption service will arrange for a social worker to monitor the child's welfare by regular visits to the family home. There will be a charge for this service.

The social worker should also 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 Schedule 2 Report is produced supplied directly to the court.

The Schedule 2 report must include information on a range of issues including:

• The suitability of the applicant
• The needs and wishes of the child, having regard to his or her age and understanding
• Whether the child was placed with the applicants lawfully
• Whether the applicants circumvented the usual procedures for adopting a child overseas.

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 the same post-adoption support as in domestic adoptions.

See 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 must be Looked After by the local authority within 7 days in accordance with the procedures for All Children set out in Part 1 of the Manual.

The child's social worker must notify the Department for Education and Skills.

The child's social worker must assess the child in accordance with the Assessment Framework, including whether it remains in the child's interests to be placed in the UK and be placed with an alternative adoptive family.

Where it is determined 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 and Skills. The Department for Education and Skills 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 Placement for Adoption Procedures 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 and Skills. The Department for Education and Skills will advise the child's country of origin of the change.

End