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Intercountry Adoptions - Other than Convention Adoptions/'Overseas Adoptions'

Document Cited authorities 6 Cited in Related
AuthorNasreen Pearce/Richard Budworth
Pages161-173

Chapter 15


Intercountry Adoptions – Other than Convention Adoptions/‘Overseas Adoptions’

INTRODUCTION

15.1 Adoptions from countries that are not Convention member states (see Chapters 12 and 13) or from designated overseas countries or territories (see Chapter 14) are generally not recognised in the United Kingdom, and restrictions are imposed by ACA 2002, s 83 on bringing children into the United Kingdom by a person(s) who are habitually resident in the British Islands. The Secretary of State is empowered to impose further restrictions or extra conditions in certain cases or suspension of intercountry adoption from a country or territory outside the British Islands, which may include a country which is listed as a Convention country or a designated country. The relevant provisions which apply are set out in the ACA 2002, the Children and Adoption Act 2006 (CAA 2006), the Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) Regulations 2008 (SI 2008/1807) and the AFER 2005, which contain specific regulations relating to intercountry adoptions from these countries. The restrictions, conditions or suspension that apply with regard to the movement of children are considered in outline in this chapter.

RESTRICTIONS ON BRINGING CHILDREN INTO THE UNITED KINGDOM

15.2 It is a criminal offence punishable with up to 12 months’ imprisonment and/or a fine for a person(s) who are habitually resident in the British Islands:

(a) to bring, or cause another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purposes of adoption by the British resident(s), or

(b) at any time to bring, or cause another to bring, into the United Kingdom a child adopted by the British resident(s) under an external adoption (a non-

162 Adoption Law: A Practical Guide

Convention adoption) effected within the period of six months ending with that time,

unless the requirements of the AFER 2005 have been satisfied (ACA 2002, s 83(1), (7) and (8)).

15.3 Pursuant to CAA 2006, s 9, the Secretary of State may by order declare that special restrictions set out in CAA 2006, Pt 2 are to apply to bringing a child into the United Kingdom from certain named states where there is reason to believe that, because of the practices taking place in the other country in connection with the adoption of children, it would be contrary to public policy to further the bringing of children into the United Kingdom by British resident(s) for the purposes of adoption or within 12 months of an adoption in the other country. The provision in CAA 2006, s 9 applies to adoptions from countries that have acceded to the Hague Convention. CAA 2006, s 11(2) also permits the processing of cases from countries that are the subject of the restriction order where the relevant authority is satisfied that the case should proceed despite the restrictions. Currently, there are five restricted countries under the CAA 2006, Pt 2, namely: Cambodia and Guatemala (SIs 2008/1808 and 2008/1809), Nepal (SI 2010/951), Haiti (SI 2010/2265) and Ethiopia (SI 2018/517). CAA 2006, s 12(1) permits the Secretary of State to make regulations providing for the imposition of extra conditions in certain cases.

Exceptions to suspension

15.4 The Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) Regulation 2008 (SI 2008/1807) set out the procedure to be followed by the relevant authority (Secretary of State in England and Welsh Assembly for Wales) when a request from a prospective adopter(s) to be treated as an exception to the general suspension is being considered and the matters to be taken into account in determining whether a case merits an exception to the suspension. The procedure requires the relevant authority to seek information from the prospective adopter(s) to enable the authority to determine whether a case is exceptional. The relevant authority is also entitled to make further inquiries from other departments and from the British Consulate in the foreign country. The relevant authority may also take into account matters that are not listed in the Regulations.

15.5 Where a child has been identified for adoption, the inquiries undertaken will be more extensive. Furthermore, when dealing with an application for exceptional treatment, the relevant authority is likely to impose further conditions.

What the prospective adopter(s) must do to apply for exceptional treatment

15.6 A prospective adopter(s) who wish to adopt a child from any of the aforesaid five countries must contact the Intercountry Adoption Team. An application must be made in writing setting out the reasons why the case should be treated as an exception having regard to the grounds on which the restrictions were imposed.

15.7 The application should be sent to one of the following addresses:

▪ For England:

Intercountry adoption casework team


Level 0, Riverside
Bishopsgate House
Feethams
Darlington DL1 5QE
Tel: +44 370 0002288
Email: ica.darlington@education.gsi.gov.uk
www.gov.uk/child-adoption/adopting-a-child-from-overseas

▪ For Wales:

Children’s Health and Social Care Directorate

Cathays Park
Cardiff CF10 3NQ
Tel: +44 (29) 2082 3668
Fax: +44 (29) 2082 3142
Email: debra.jenkins@Wales.gsi.gov.uk

▪ For Scotland:

The Scottish Government


Looked After Children Unit
Area 2A South
Victoria Quay
Edinburgh EH6 6QQ
Tel: +44(131) 244 5479
Email: intercountryadoption@gov.scot
Contact person: Dominic Brack

164 Adoption Law: A Practical Guide

▪ For Northern Ireland:
The Department of Health


Family and Children's Policy Directorate Castle Buildings
Stormont
Belfast BT4 3SQ
Northern Ireland
Tel: +44 (28) 905 205 49
Emails: christine.henderson@health-ni.gov.uk; intercountry.adoption@health-ni.gov.uk Contact person: Christine Henderson

▪ For the Isle of Man:
Department of Health and Social Care

Children and Families
Murray House
Mount Havelock
Douglas
Isle of Man IM1 2SF
Tel: +44 (1624) 685209
...

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