Restrictions on adoptions from particular countries by British residents
Provisions in the Adoption and Children (Scotland) Act 2007 relating to the restrictions of adoptions from abroad came into force on 1st September 2008. The Act is available at
http://www.opsi.gov.uk/legislation/scotland/acts2007/asp_20070004_en_1. Further explanation of the provisions relating to the restriction of adoptions from abroad may be found in the Explanatory Notes to the Act, available at http://www.opsi.gov.uk/legislation/scotland/acts2007/en/aspen_20070004_en.pdf (see paragraphs 228-238).
Under section 62 of the 2007 Act, the Scottish Ministers 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 (placing the existing suspensions onto a statutory footing) came into force on 7th October 2008. Please click here to access the current version of the restricted list.
The Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) (Scotland) Regulations 2008 also came into force on 7th October 2008. The Regulations set out (a) the procedure to be followed by the Scottish Ministers when a request from a prospective adopter to be treated as an exception to the general suspension is being considered and (b) the 'matters' to be taken into account in determining whether a case merits an exception to the suspension. They also enable the Scottish Ministers to impose extra conditions in relation to a country which is the subject of 'special restrictions' by specifying a 'step' in the process of dealing with applications from a restricted country after which applications will be allowed to continue. The information here outlines the process that will be followed when a request for an exception to a suspension of adoptions from a country is being considered by the Scottish Government. It is a guide for prospective adopters, aimed particularly at those considering applying for an exception.
Copies of the commencement order bringing into force the provisions in the 2007 Act relating to the restriction of adoptions (The Adoption and Children (Scotland) Act 2007 (Commencement No.2) Order 2008), the orders restricting adoptions from Cambodia and Guatemala (The Special Restrictions on Adoptions from Cambodia (Scotland) Order 2008 and The Special Restrictions on Adoptions from Guatemala (Scotland) Order 2008), the Special Restrictions on Adoptions from Abroad Regulations 2008 and the Executive Note which includes a policy summary of the Orders and Regulations are all available online at http://www.opsi.gov.uk/legislation/scotland/s-200803 .
Further information on the suspension of adoptions from Cambodia and Guatemala by British residents, including copies of the full Ministerial announcements of the suspensions made in the House of Commons, is available at http://www.dcsf.gov.uk/intercountryadoption/restricted.shtml