Placement of children outside England and Wales: international adoption, special guardianship and the Hague Convention 1996 – known unknowns?

Ayeesha Bhutta and Ruth Cabeza Barristers Field Court Chambers

When parents are not able to give their child good enough care often the State has to step in to ensure that the child's needs are met. It is an internationally accepted principle that if a child cannot be cared for by his parent the next best option will be for the child to be cared for by a willing and able member of his extended family or person with a pre-existing connection to the child - a connected person. If a connected person is able to offer a permanent home to the child then quite rightly our legislation requires the local authority to give priority to placing the child with that person. The law's ‘bias' in favour of family placements is not limited by geography. Placements of children abroad with connected persons have become more common. The greater movement of people fuelled by ease of travel and communications has contributed to what is undoubtedly an increasing trend.

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