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This is a guide for prospective adopters.ÌýItÌýexplainsÌýthe Department for Education’sÌý(DfE)ÌýprocessÌýforÌýhandlingÌýexceptionÌýrequestsÌýtoÌýadoptÌýchildrenÌýfrom countries whereÌýthere areÌýspecial restrictions.Ìý

ThisÌýguideÌýexplainsÌýtheÌýprocess set outÌýin theÌý.ÌýThese will be calledÌý‘theÌýregulations’Ìýin this guidance.

The regulations only apply to exception requests where the Secretary of State for Education is the relevant authority. The relevant authorities section tells you the relevant authority in England, Wales and Northern Ireland for making exception requests.

Special restrictionsÌýÌý

The Secretary of State can put a special restriction on adoptions by British residents from a particular country. A country which has a special restriction is known as a ‘restricted country’.

The Secretary of State must publish a list of restricted countries, called ‘the restricted list’. You can find more information in °Õ³ó±ðÌýstatutory framework:ÌýPart 2 of theÌýChildren and AdoptionÌýActÌý2006 section.ÌýIfÌýa country is on the restricted list, British residents are notÌýallowedÌýto adopt children from that country,Ìýunless an exception request is approved by the Secretary of State.Ìý

Criteria for exception requestsÌýÌý

For an application toÌýgo aheadÌýwhen there isÌýa specialÌýrestriction, the relevant authority will need to be satisfied that the facts ofÌýtheÌýcase are exceptionalÌýenoughÌýto override the restrictions.Ìý

‘Matters’ that must beÌýtaken into account

If you are making an exception request for the adoption of a specific child, you must take the following ‘matters’ into account:Ìý

• the ‘circumstances leading to the child becoming available for adoption’ which might include if they have been orphaned, abandoned or relinquished, and if a court or adoption agency or any other competent authority has been involved in determining their status, including their availability for adoptionÌý

• the ‘nature of the relationship between the child and the prospective adopters or the relationship that the child has with the prospective adopters including how and when that relationship was formed’ which might cover how the child was ‘matched’ with the prospective adopters, for example,ÌýifÌý theÌýchild and the prospective adopters are related or have a longstanding relationshipÌý

• the ‘child’s particular needs and the capacity of the prospective adopters to meet those needs’ which might include a child with a special needÌý

• ‘theÌýreasons why the State of origin was placed on the restricted list’Ìýfor exampleÌýtheÌýparticular issuesÌýin relation to adoption process and practice in the relevant country that led to it being placed on the restricted listÌý

If a specific child has not beenÌýidentified, the only matter you must consider is the reasons why the state of origin was placed on the restricted list. These are the issues with the adoption process and practice in the relevant country, which led to the country being placed on the restricted list.ÌýÌý

°Õ³ó±ðÌýadditionalÌýmatters listed areÌýlikely onlyÌýto be relevant where a specific child has beenÌýidentified. However, other matters may be relevant, depending on the circumstances of the case.Ìý

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You must have a legal basis for making a request for an exception.ÌýÌý

If you are habitually resident in the British Islands, whatever your nationality, you must follow the legislation for bringing children into the UK. ÌýÌý

The Secretary of State for Education can only consider exception requests in cases where section 83 of the 2002 Adoption and Children Act 2002 applies. The Act applies to anyone habitually resident in the British Islands who either:

• brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption by the British resident

• at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of 12 months ending with that time

You must also make an exception request for an intercountry adoption under the 1993 Hague Convention, if there are special restrictions in place on a specific country which has implemented the 1993 Hague Convention.

What you need to doÌý

If youÌýare making an exception request,ÌýyouÌýshouldÌýnotÌýstartÌýmaking any arrangements to adopt a child untilÌýyou have:ÌýÌý

• been assessed and approved to adopt by an adoption agencyÌý
• after this,ÌýmadeÌýan exception requestÌýand had itÌýgranted by the Secretary of State for EducationÌý

Getting assessed and approved by an adoption agency

If you are habitually resident in the British Islands and wish to adopt a child habitually resident in another country, you must comply with the adoption legislation requirements.

You must beÌýassessed and approved by a registered adoption agency first,ÌýwhichÌýmay charge a fee. This will be either a local authority or a voluntary adoption agency registered with the Office for Standards in Education, Children’s Services and Skills (Ofsted) for the purposes of intercountry adoption.ÌýFind .Ìý

The Department for Education will onlyÌýconsider exception requestsÌýifÌýyouÌýhaveÌýdone this.ÌýThis is to make sure that children who are adopted are safeguarded.Ìý

Making an exception request

AfterÌýapproval,ÌýyouÌýwillÌýneed toÌýmake aÌýrequestÌýin writingÌýtoÌýthe DfE forÌýyourÌýcaseÌýtoÌýbe treated as an exception to a special restriction.ÌýFind contact details for the DfE and other UK relevant authorities in the °ù±ð±ô±ð±¹²¹²Ô³ÙÌý²¹³Ü³Ù³ó´Ç°ù¾±³Ù¾±±ð²õÌý²õ±ð³¦³Ù¾±´Ç²Ô.Ìý

In the request, youÌýmustÌýinclude evidence of approval (for example, anÌýagencyÌýdecision maker’s letter).ÌýThe request should alsoÌýset out the reasons why the case is exceptional. You must consider theÌýlistÌýofÌý’matters that must be taken intoÌýaccount’.Ìý

What happens after you make your requestÌý

When the DfE receives an eligible request for an exception request,Ìýit will acknowledge receipt in writing as soon as possible and provide a reference number.ÌýÌý

If the request does not set out the reasons whyÌýyou thinkÌýthat the case should be treated as an exception, the DfE willÌýask forÌýthese reasons.ÌýThe DfEÌýwill alsoÌýaskÌýyou toÌýconfirmÌýif there is anyÌýmore information you want to submit about the facts of the case.

°Õ³ó±ðÌýDfE will also make anyÌýmoreÌýenquiriesÌýthat it considers appropriate. For example,Ìýthe DfE mayÌýask forÌýinformation from theÌýBritish Embassy, High Commission or ConsulateÌýin the country whichÌýhasÌýthe special restriction.Ìý

Supporting informationÌýÌý

YouÌýshouldÌýmakeÌýsureÌýthat youÌýprovide all supporting evidence or documentation that you wantÌýto be consideredÌýfor yourÌýexception request.ÌýÌý

You should provide the original hard copy versions.ÌýDfE will not accept photocopies of documentation. If original documents are not available,Ìýyou should provideÌýcertified trueÌýcopiesÌýfrom the office which issued theÌýoriginal.ÌýYou do not needÌýtoÌýsendÌýpassports,ÌýunlessÌýyou are toldÌýtoÌýdo so. The Department will store all documentation securely and return original documentation by special delivery.Ìý

Additional information

After the DfEÌýhasÌýcollectedÌýthis information and before any decision is made, the DfE will askÌýyou ifÌýthere is any more information that you would like to be considered as part of your request. This isÌýyourÌýopportunity to add anything thatÌýyouÌýconsider relevant.ÌýFor example, you may have requested another person or bodyÌýsupplyÌýinformation that has notÌýbeen receivedÌýyet.ÌýÌý

The DfE willÌýnot makeÌýthe decision until you have confirmed in writing that you have submitted all the information that you would like to be considered, or any outstanding information is received.

Legal advice

DfE cannotÌýprovideÌýlegal advice on individual casesÌýorÌýabout providingÌýsupporting information. YouÌýmayÌýwantÌýto seek independent legal adviceÌýaboutÌýthis.Ìý

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To decide if a case is exceptional, DfE will consider all the information provided that is relevant to the individual facts and circumstances of the case.Ìý

The DfE will giveÌýcareful consideration to theÌý‘matters’ that must be considered, as well asÌýif:ÌýÌý

• the overall circumstances of the case are truly exceptionalÌýÌý
• there are clear and compelling reasons toÌýmove awayÌýfrom the special restrictionsÌý

The regulations list a number of ‘matters’ which must be taken into account when exception requests are considered. You must consider all Ìýthe matters listed in the regulations for exception requests. But there may be other matters that are not listed in the regulations, which may also be taken into account. This depends on the circumstances of the case.

Notifying prospective adopters of a decision

When a decision has been made about whether a case should be treated as an exception to the special restriction, DfE will write to you as soon as possible to tell you.

IfÌýan exception request has beenÌýapproved,ÌýanÌýadoptionÌýapplicationÌýcan thenÌýbeÌýprocessedÌýbyÌýtheÌýrelevant authority in England,ÌýWalesÌýand Northern Ireland inÌýlineÌýwith adoption legislation.ÌýÌý

If a caseÌýhasÌýnotÌýbeenÌýapproved, the DfE will write toÌýyou, setting out the reasons for the decision.Ìý

After theÌýdecision,Ìýyou canÌýsubmitÌýmore exception requests if you haveÌýnew orÌýadditionalÌýinformation. However, the Secretary of StateÌýis not required toÌýconsider anyÌýotherÌýrequests if noÌýnew informationÌýis provided,Ìýor it is not information that would have affected the outcome of the decision.ÌýYouÌýcanÌýalso makeÌýanotherÌýrequest if the new request relates to a differentÌýchild or to a different restricted country.ÌýÌý

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AnyÌýrequestsÌýforÌýexceptionsÌýwillÌýbeÌýdealtÌýwithÌýasÌýquicklyÌýasÌýpossible.Ìý°Õ³ó±ðÌýDfEÌýisÌýnotÌýable toÌýofferÌýa fixed timescale forÌýcases. The time taken to consider requests is likely to varyÌýwithÌýthe circumstances of theÌýcase.Ìý

³§³¦´Ç³Ù±ô²¹²Ô»åÌý

°Õ³ó±ðÌýChildrenÌýand AdoptionÌýAct 2006 andÌýtheÌýAdoptionsÌýwithÌýa Foreign ElementÌý(SpecialÌýRestrictionsÌýonÌýAdoptionsÌýfromÌýAbroad)ÌýRegulationsÌý2008ÌýdoÌýnot applyÌýtoÌýScotland.ÌýÌý

°Õ³ó±ðÌýAdoptionÌýandÌýChildrenÌý(Scotland)ÌýActÌý2007ÌýandÌýtheÌýAdoptions withÌýaÌýForeignÌýElementÌý(SpecialÌýRestrictionsÌýonÌýAdoptionsÌýfromÌýAbroad)Ìý(Scotland) RegulationsÌý2008ÌýgiveÌýScottishÌýMinistersÌýseparateÌýpowersÌýtoÌýrestrictÌýadoptionsÌýfrom countriesÌýparallelÌýtoÌýthoseÌýinÌýtheÌý2006ÌýAct.ÌýÌý

Find .ÌýIf youÌýareÌýresident inÌýScotland, youÌýcanÌýemailÌýthe ScottishÌýGovernmentÌýforÌýenquiriesÌýaboutÌýspecial restrictions and applying for an exceptionÌýatÌýintercountryadoption@gov.scotÌý

RelevantÌýauthoritiesÌý

Habitual residence	Hague Convention orÌýnon-HagueÌýConventionÌýcase	‘RelevantÌýauthority’	AddressÌýor email to sendÌýexceptionÌýrequest
England	Hague ConventionÌýcasesÌýandÌýnon-HagueÌýConvention cases	SecretaryÌýofÌýStateÌýforÌýEducation	IntercountryÌýAdoptionÌýTeam Department for Education Bishopsgate House Darlington DL1 5QE Email:ÌýICA.DARLINGTON@education.gov.uk
Wales	HagueÌýConventionÌýcases	WelshÌýMinisters	SocialÌýServicesÌýandÌýIntegrationÌýDirectorate Welsh Government CathaysÌýPark Cardiff CF10Ìý3NQ Email:ÌýPlantSynDerbynGofal@llyw.cymru
Wales	Non-HagueÌýConventionÌýcases	SecretaryÌýofÌýStateÌýforÌýEducation	IntercountryÌýAdoptionÌýTeam Department for Education Bishopsgate House Darlington DL1 5QE Email:ÌýICA.DARLINGTON@education.gov.uk
NorthernÌýIreland	HagueÌýConventionÌýcases	DepartmentÌýofÌýHealthÌý(Northern Ireland)	DepartmentÌýofÌýHealthÌý(NorthernÌýIreland) FamilyÌýandÌýChildren’sÌýPolicy Directorate Castle Buildings Stormont Belfast BT4Ìý3SQ Email:Ìýintercountry.adoption@health-ni.gov.uk
NorthernÌýIreland	Non-HagueÌýConventionÌýcases	SecretaryÌýofÌýStateÌýforÌýEducation	IntercountryÌýAdoptionÌýTeam Department for Education Bishopsgate House Darlington DL1 5QE Email:ÌýICA.DARLINGTON@education.gov.uk

The Statutory Framework: Part 2 of the Children and Adoption Act 2006

Section 9 of the Children and Adoption Act 2006 (the Act) makes provision regarding the restriction of adoptions from abroad by British residents.

Section 9(4) says that the Secretary of State may, by order, declare that special restrictions are to apply, for the time being, to adoptions from a country or territory. Special restrictions are a restriction of the processing of adoptions from that country.

The Secretary of State must publish the ‘restricted list’ and the reasons for declaring a country ‘restricted’ in whatever way he thinks appropriate, to bring them to the attention of adoption agencies and members of the public. Section 10 requires the Secretary of State to keep each restricted country under review to determine whether it should remain a restricted country.

Section 11(1) of the Act states the special restrictions are that the appropriate authority is not to take any step that the authority might usually have taken to further the adoption from abroad. Section 11(2) of the Act provides that where special restrictions apply, the appropriate authority may take those steps if the prospective adopters satisfies the relevant authority, that they should take those steps despite the special restrictions.

The relevant authority will be the appropriate authority (as defined in section 11(4) of the Act), except for a case that is not a Convention case in Northern Ireland. For these cases, the relevant authority is the Secretary of State. A Convention case is one where the adoption is intended to be effected in accordance with the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at The Hague on 29th May 1993.

See . More explanation of the provisions relating to the restriction of adoptions from abroad can be found in .

LettersÌýofÌýnoÌýobjection: non-residents

IfÌýyou’reÌýcurrently living abroad, the countryÌýyou’reÌýliving in may ask for a ‘no objection’ letter. Ìý

To get a no objectionÌýletterÌýyou may need to get a statement sworn in front of a solicitor. It will confirm thatÌýyou’reÌýnot normally resident in the UK, the Isle ofÌýManÌýor the Channel Islands.ÌýFind moreÌýinformation.Ìý

Generally, DfEÌýdoes not expect ‘no objection’ letters to be issued for proposed adoptions from a restricted country. If you would like a letter of no objection from a country which has a special restriction, you should contact DfE for more information.