Intercountry adoptions: Restrictions on adoptions from particular countries by British residents

Provisions in the Children and Adoption Act 2006 relating to the restriction of adoptions from abroad came into force on 1 August 2008. The Children and Adoption Act 2006 is available to view online. Further explanation of the provisions relating to the restriction of adoptions from abroad may be found in paragraphs 55-63 of the Explanatory Notes to the Act.

Under the provisions of the 2006 Act, the Secretary of State must publish the ‘restricted list’, i.e. the list of countries in respect of which special restrictions are in place, and the reasons for declaring a country ‘restricted’. Orders restricting adoptions from Cambodia and Guatemala  came into force on 1 August 2008. The current version of the ‘restricted country list’ is available to download from this page.

The Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) Regulations 2008 also came into force on 1 August 2008. The Regulations provide for the procedure to be followed and the matters to be taken into account when requests for exceptions to ‘special restrictions’ (i.e. a suspension of adoptions from a particular country or territory by British residents) are being considered. They also provide for the Secretary of State to impose extra conditions in relation to a country which is the subject of ‘special restrictions‘. The guide Requests for exceptions to suspensions of adoptions from specified countries outlines the process that will be followed when a request for an exception is being considered by the Department. It is a guide for prospective adopters, aimed particularly at those applying for an exception.

Copies of the commencement order bringing into force the provisions in the Children and Adoption Act 2006 relating to the restriction of adoptions (The Children and Adoption Act 2006 (Commencement No. 2) Order 2008) are available online. Copies of the orders restricting adoptions from Cambodia and Guatemala (The Special Restrictions on Adoptions from Abroad (Guatemala) Order 2008 and The Special Restrictions on Adoptions from Abroad (Cambodia) Order 2008) and the Special Restrictions on Adoptions from Abroad Regulations 2008 Suspension of adoptions by British residents from Cambodia and Guatemala can also be found online.