Chapter 10: Inter-Country Adoption
280. Inter-country adoption constitutes a relatively
small proportion of the total number of adoptions in England and
Wales each year. The Intercountry Adoption Centre estimates that
there are currently only about 100 inter-country adoptions in
which England and Wales is the receiving state every year.[303]
However, as the Intercountry Adoption Centre also points out,
these are some of the world's most vulnerable children.
281. In 2003 the UK ratified the Hague Convention
on the Protection of Children and Cooperation in Respect of Inter-country
Adoption 1993. The domestic legislative framework which must comply
with obligations set down in the Hague Convention for inter-country
adoptions is provided by the Adoption (Inter-country Aspects)
Act 1999, the Adoption and Children Act 2002 and the Children
and Adoption Act 2006. These legislative developments aimed at
securing equivalent standards and safeguards for children adopted
domestically and from abroad were generally welcomed by witnesses.
The Intercountry Adoption Centre said that the legislation had
"brought tangible benefits to children."[304]
Most importantly, prospective adopters, whether seeking to adopt
domestically or from abroad, now receive similarly rigorous preparation,
training and assessment.[305]
282. Despite the generally positive assessment
of the legislative framework governing inter-country adoption,
a number of specific problems were identified both with the legislation
and its implementation.
Delay
283. Inter-country adoption can take many years,
principally due to delays in the process of matching and placement
within the overseas jurisdiction.[306]
There is very little the UK authorities can do to mitigate delays
incurred overseas. One particularly damaging cause of delay which
is, however, within the control of the UK authorities is the process
of obtaining clearance to bring the adopted child into the UK.
Evidence suggested that delays in the immigration process can
result in new adoptive families being separated for many months
whilst issues concerning visas are resolved. These periods of
enforced separation are particularly damaging to adopted children
and their parents at a crucial time in the development of secure
attachments between them. The Intercountry Adoption Centre emphasised
the particular vulnerability of these new families:
"Where a couple are applying jointly one
partner has usually returned to the UK whilst the other remains
for an indefinite period with the child(ren) in an hotel room
or other temporary accommodation. Such a disrupted or delayed
start to adoptive family life, detrimental as it is to a child,
would never be countenanced in domestic adoption."[307]
284. We recognise the demands placed on the UK
Border Agency by cases of inter-country adoption. Ensuring stability
for the adoptive family in the early days and weeks of placement
is, however, of vital importance and must be given priority. Separation
and uncertainty caused by delays in the immigration process are
inimical to the welfare of the adopted child. We received detailed
evidence from the Intercountry Adoption Centre as to proposed
changes in immigration procedure and practice to improve the process
for adoptive families.[308]
285. We recognise the importance of ensuring
the best possible start for an adopted child within their new
adoptive family. We urge the Home Office to consider the following
changes to immigration procedure and practice with regard to children
adopted from overseas:
· Applications for visas or British passports
for adopted children should be prioritised by the UK Border Agency;
· Specialised training should be introduced
for UK Border Agency staff with responsibility for processing
visa and passport applications for adopted children;
· Clear timescales for the processing
of applications should be established and communicated to applicants;
· Appeals should be dealt with promptly.
We urge the Home Office to implement a process
whereby the merits of a potential visa application can be assessed
prior to the prospective adopters travelling overseas for the
child to be placed with them.
Safeguarding children
286. We received evidence that there are two
significant loopholes in the current legislative framework that
may increase the vulnerability of children adopted from overseas.
The Adoption and Children Act 2002 currently permits UK nationals
to obtain an adoption order from a foreign jurisdiction and, provided
the country is included on the 'designated list' of countries
and the application to bring the child into the UK is not made
within twelve months of the adoption order being made, the adopters
will be able to bring the child into the UK without undergoing
any assessment as to their suitability to adopt.[309]
We mention the importance of equivalent standards and safeguards
for children adopted domestically and abroad at paragraph 281.
Evidence suggested that the designated list process is susceptible
to abuse by prospective adopters who can obtain an adoption order
in a designated country without going through the required process
of assessment and approval, leave the child in the designated
country for twelve months and then apply to bring the child into
the UK.
287. We are concerned by evidence of a legal
loophole created by the designated list procedure which is being
exploited by some prospective adopters seeking to evade proper
assessment as to their suitability to adopt. We recommend that
the Government review the designated list procedure.
288. There is a further loophole in the current
legislative framework, regarding parental responsibility for children
who enter England and Wales pending the making of a final adoption
order.[310] Until the
final adoption order is made nobody will hold parental responsibility
for the child, giving rise to a number of practical difficulties.
We understand that it was proposed at the time of the 2002 legislation
that an inter-country adoption should be regarded as an "agency
adoption" thereby giving the local authority parental responsibility
for a child placed from overseas, which could be shared with the
prospective adopters as soon as the child entered the UK.[311]
That proposal was never implemented.
289. We heard suggestions as to how this loophole
could be addressed.[312]
The Intercountry Adoption Centre proposed that in respect of a
Hague Convention adoption parental responsibility could be conferred
on the prospective adopters as part of the agreement that must
be entered into between the sending and receiving country for
every inter-country adoption.[313]
For adoptions outside the Convention, parental responsibility
could be conferred automatically on the local authority and shared
with the prospective adopters as soon as the prospective adopters
give their notice of an intention to adopt to the local authority
(which must be done within 14 days of arriving in the UK).
290. It is important that the legal position
of children placed for adoption from overseas is properly regulated
and that someone has legal authority to make decisions regarding
important matters such as the child's education and health pending
the making of the final adoption order. The Government must ensure
that children are not left without a designated person or local
authority who can exercise parental responsibility where appropriate.
Support for children adopted
from overseas
291. We welcome the fact that children who have
been adopted from overseas, and their adoptive parents, are entitled
to request from local authorities the same assessment of their
needs for post-adoption support services as children adopted domestically.
We are concerned, however, to learn that the amendment to the
School Admissions Code which will give priority to adopted children
in the school admissions process will not apply to children adopted
from overseas.[314]
292. We reiterate the intense vulnerability
of children adopted from overseas, many of whom will face serious
challenges beyond even those faced by children adopted domestically.
We call on the Government to reconsider the changes made to the
new School Admissions Code to give priority in the admissions
process to children who were looked-after in their state of origin
immediately prior to the adoption.
Costs
293. Unlike domestic adoptions, prospective adopters
seeking to adopt from abroad face high financial costs. We were
told that the UK is probably the "most expensive country
in the world for international adoption."[315]
People seeking approval as inter-country adopters must pay for
their own home study by the local authority. This can prove particularly
burdensome for prospective adopters who are related to the child
and who are often responding to some form of emergency within
their extended family abroad.[316]
294. We agree that the preparation of a home
study report on prospective overseas adopters should be seen as
a service for children and part of the local authority's safeguarding
responsibilities. We therefore urge local authorities to give
careful consideration to the removal of charges for the preparation
of home study reports.
303 Q 412 Back
304
Intercountry Adoption Centre, written evidence Back
305
Q 415 Back
306
Q 432 Back
307
Intercountry Adoption Centre, written evidence Back
308
Intercountry Adoption Centre, supplementary written evidence Back
309
Intercountry Adoption Centre, written evidence Back
310
The final adoption order would be made either by an overseas court
in a Hague Convention case or, in a non-Convention case, in the
English courts. Back
311
Intercountry Adoption Centre, written evidence Back
312
Q 423 & Intercountry Adoption Centre, written evidence Back
313
Q 423 Back
314
Intercountry Adoption Centre, written evidence Back
315
Q 421 Back
316
ibid. Back
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