8 Step Guide to Adopting Overseas

Adopting a child from overseas - the role of Solihull Council's Education and Children's Services Directorate.

Step 1 - Advice and counselling

Solihull Council has a duty to advise and counsel anyone who lives in Solihull who wishes to adopt a child from overseas. This means that a social worker with experience of adoption will see you and talk to you about adopting a child from overseas. The social worker will be able to:

• tell you about our part in the process;
• explain to you the implications of adoption;
• discuss with you your plans;
• give you the opportunity to talk through any concerns or anxieties you may have.

The social worker will usually visit you in your home. However, if you prefer, an office appointment can be arranged. You will be advised to arrange to attend a consultation day held by the Intercountry Adoption Centre: 0208 4492562.

If you want to talk to a social worker about adopting a child from overseas, please call freephone 0800 073 0769.

You will receive a visit within 6 weeks of making contact.

If you have not already done so, you will need to decide from which country you wish to adopt a child.

Note: It is not our responsibility to help you decide from which country you intend to adopt; this is your decisions. You will need to gather as much information as possible about the specific procedures and requirements of that country. The Department of Education and Skills will be able to assist you with this. They can be contacted at:

Intercountry Adoption Casework Team
Department for Education and Skills
Area D, Ground Floor, Mowden Hall, Staindrop Road, Darlington, DL3 9BG

Telephone: 01325 391700

Information is also available on the Department for Education and Skills website:

www.dfes.gov.uk/intercountryadoption

Step 2 - Police, health and other checks

Once you have seen a social worker and identified a country from which you wish to adopt a child, you need to contact the social worker who visited you.

The social worker will then send you:

• an application form;
• a Criminal Records Bureau Disclosure Application form for each adult of your household;
• a medical form for you to take to your GP.

CRB checks

Completed Criminal Records Bureau Disclosure Application Forms, will be sent to the CRB, to check whether you have any criminal convictions which may mean that you will not be suitable to adopt a child from overseas.

Health Checks

Your GP will carry out a medical examination of you to check that you are fit enough to adopt a child. You will have to pay for this examination (your GP will tell you what the charge is). The result of the examination will be shared with the Adoption Agency's medical adviser, who will tell the agency whether you are fit enough to adopt a child.

Other Statutory checks

On receipt of the application form, Probation, Community Heath Authority, NSPCC and Local Authority checks will also be made.

Referees

As part of the application form, you will be asked to provide the names and addresses of three referees, two of which must not be a relative and one reference from a family member. These people will be asked to provide a written reference.

Later on in the assessment process, the referees will be interviewed. The reference they give will be confidential and you will not be able to have any information about the interview or see what they have written.

Note: If we are told anything which suggests you may not be suitable to adopt a child from overseas, this will be discussed with you as soon as possible.

Step 3 - Assessment

Once satisfactory checks have been received, you will be assessed.

The assessment will include the following:

• details of your background, your home circumstances and lifestyles;
• details of your experience of parenting;
• exploring with you the implications of adopting a child who shares few or none of the racial, cultural and linguistic inheritance of your family and who may have suffered considerable early disadvantage;
• interviewing the references you nominated.

You will be required to attend Preparation Groups which will inform you about the implications and complexities of adoption and bringing up an adopted child. You will also be encouraged to find out as much as possible about adopting a child from your chosen country.

How long will the assessment take?

The assessment can be complicated and will require a major time commitment from you. We will produce the final report within 4 months of the start of the assessment, unless we agree with you that it can take longer.

What will it cost?

You will be charged a fee for the assessment. You will be asked to pay the full amount at the start of the assessment. You will have to pay the fee even if you do not agree with the assessment and you are not approved as an adopter. The fee is raised annually in line with inflation.

The fee charged for the Assessment for 2006/7 is £4,118. This is one third of the British Agencies for Adoption and Fostering recommended fee for
inter-agency placements and covers the work of assessment and preparation prior to a match being suggested.

If prospective adopters attend the Preparation Groups run by the Inter-Country Adoption Centre, the cost of these groups is deducted from the fee.

Step 4 - The adoption panel

Once the assessment is completed, the social worker will write a report, recommending whether or not you would make a suitable adopter for a child from overseas.

You will be allowed to see and keep a copy of the report, except for the comments made by your referees or any other report from a third party (e.g. psychologist). You will be given up to 28 days to comment on the report.

The assessment report and your comments will then be presented to the Adoption Panel. This is a group of ten people with a special knowledge of adoption. The panel will recommend whether you will make suitable adopters of a child from a named country.

You may attend the panel if you wish and the process will be fully explained to you. In some cases, the Panel may want more information and may ask the social worker to get this before making a recommendation.

Step 5 - The decision

After considering the recommendation of Adoption Panel, the designated Agency decision maker will decide, on behalf of Solihull MBC, whether or not you will be approved as a suitable person to adopt a child from overseas.

If you disagree with the decision, you have the right to make further representations. Should this happen, you will be given details of the process available to you.

Following the decision, the required paperwork and reports are forwarded to the Department of Education and Skills. Different paperwork will be required by different countries.

After ensuring that all the papers are in order and that all the evidence required by the country being applied to is included, the Secretary of State for Health issues a certificate of eligibility and informs the applicants.

The certificate states that you have been assessed as suitable to adopt and that a child adopted by you will be granted leave to enter the UK subject to entry clearance and the making of an adoption order.

Step 6 - After assessment

You will be responsible for arranging for papers to be notarised/legalised as required and for payment of any charges incurred including charges for translation.

The State of Origin decides whether to accept the application and identifies a child to be matched with you. Details of the child will be sent to the Department of Education and Skills who will forward them to your social worker. Your social worker will share the information with you and discuss all the implications. It may be necessary to take other advice (e.g. Medical) before reaching a decision.

If you decide to accept the match, you travel to meet the child in the State of Origin. You will need to adopt your child in the State of Origin and this may necessitate a second visit. You will need to apply for clearance from the nearest British Embassy, Consulate or High Commission to bring your child into the UK.

Step 7 - Status of foreign adoption order

Convention Countries - have fully implemented the Hague Convention

The adoption orders of these countries are recognised by the UK. Children automatically acquire British nationality providing one of the adopters is a UK national. The order can be registered in the UK with the Registrar General and a UK Certificate of Adoption issued.

Designated Countries - have not ratified and implemented the Hague Convention

The adoption orders of these countries are fully recognised by the UK. However, they do not confer British nationality. They can be registered with the Registrar General and UK Adoption Certificate be issued. To acquire British nationality the child has to be registered under the British Nationality Act 1981 with the Home Office. Alternatively it is possible to adopt the child again in the UK.

Non-Designated Countries

The Adoption Order of these countries are not recognised by the UK. No parent/child relationship is created in British law.

If you are adopting a child from a non-designated country, you will need to obtain entry clearance for bringing the child to the UK for the purpose of adoption. This can be obtained from an Embassy, High Commission or Consulate, in the State of Origin.

You will have to notify Solihull Council within 14 days of returning to the UK, of your intention to adopt the child. Solihull Council will then be responsible for monitoring the welfare of the child. When you apply for an Adoption Order they will provide a report on yourselves, the child, and the circumstances of the adoption for the Court.

Step 8 - Post adoption

Most countries require post-placement reports on the progress of the child. Adopters have a duty to make arrangements for these to be provided. It is possible to arrange for a local authority, voluntary agency, or independent social worker, to prepare these for you.

You are entitled to the same Adoption leave as UK adopters and should make enquiries of the Benefit Agency.

You are entitled to the same assessment for post adoption support as UK adopters. If you feel that you need support in respect of your adoption you should make enquiries of your local Social Services Department.

Convention countries

Albania
Australia
Austria
Bolivia
Brazil
Bulgaria
Burkina Faso
Canada
Chile
Colombia
Costa Rica
Cyprus
Czech Republic
Denmark
Equador
Al Salvador
Finland
France
Germany
Israel
Italy
Latvia
Luxembourg
Mexico
Netherlands
Norway
Panama
Peru
Philippines
Poland
Romania
Slovakia
Slovenia

Designated Countries

Commonwealth

Anguilla
Australia
Bahamas
Barbados
Belize
Bermuda
Botswana
British Virgin Islands
Canada
Cayman Islands
Cyprus
Dominica
Fiji
Ghana
Gibraltar
Guyana
Hong Kong
Jamaica
Kenya
Lesotho
Malawi
Malaysia

Foreign

Austria
Belgium
China
Denmark
Finalnd
France
Germany
Greece
Iceland
Republic of Ireland
Israel
Italy
Luxembourg
Malta
Mauritius
Montserrat
Namibia
Netherlands
New Zealand
Nigeria
Norway
Pitcairn Island
Portugal
St Christopher and Nevis
St Vincent
Seychelles
Singapore
South Africa
Spain
Sri Lanka
Surinam
Sweden
Swaziland
Switzerland
Tanzania
Tonga
Trinidad and Tobago
Turkey
Uganda
USA
Yugoslavia
Zambia
Zimbabwe