Department for Children, Schools and Families

Intercountry adoption

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 the 1st August 2008. The Children and Adoption Act 2006 is available at http://www.opsi.gov.uk/acts/acts2006/ukpga_20060020_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/acts/acts2006/en/ukpgaen_20060020_en.pdf (see paragraphs 55-63).

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 (placing the existing suspension onto a statutory footing) came into force on 1st August 2008. Please click here to access the current version of the ‘restricted list.’ [pdf 731kb]

The Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) Regulations 2008 also came into force on 1st 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 information here [pdf 1.83mb] 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 Department for Children, Schools and Families (DCSF). 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), 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 are available online at http://www.opsi.gov.uk/si/si200818.

Suspension of adoptions by British residents from Cambodia and Guatemala

2 April 2008 - Outcome of Review of Suspension of Adoptions from Cambodia
On 2 April 2008, the Parliamentary Under Secretary of State for Children, Young People and Families (Mr. Kevin Brennan) announced the outcome of the review into the suspension of adoptions of Cambodian children by UK residents.
Download a copy of the full announcement [PDF 14kb]

6 December 2007 - Suspension ofadoptions from Guatemala
On 6 December 2007, The Parliamentary Under Secretary of State for Children, Young People and Families (Mr. Kevin Brennan) announced an immediate suspension of adoptions of Guatemalan children by UK residents in response to concerns about adoption practice in Guatemala.
Download a copy of the full announcement [PDF 64kb]

27 September 2007 - Review of the temporary suspension of adoptions of Cambodian children by UK residents
A review of the temporary suspension of adoptions of Cambodian children by UK residents is now underway.
The review is being carried out by the Department for Children, Schools and Families (DCSF), which is the Government Department with responsibility for adoption.
In June 2004, the Minister of State for Children, Young People and Families, Margaret Hodge announced the temporary suspension of adoptions of Cambodian children by UK residents.
The temporary suspension was introduced in response to concerns raised and investigated by officials from the DfES (now DCSF) who visited Cambodia, by the British Embassy in Cambodia and, separately, by other stakeholders about the intercountry adoption process in Cambodia.
The specific areas of concern included:

The purpose of the review is to update the information on which the suspension was based, to find out what concerns, if any, remain valid and whether there are any other concerns about practices taking place. It will assess the current situation on the ground in Cambodia regarding intercountry adoption, particularly, information on what changes, if any, to practice and legislation have been made in the three years since the temporary suspension was introduced. The review will take account of Cambodia’s accession to the Hague Convention (on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993).
The Department expects to complete the review in early 2008 and its outcome will be made public.
Whilst the review is in progress, and pending any decision, the suspension of adoptions from Cambodia is still in place for UK residents as set out in The Minister for Children’s (Margaret Hodge) statement to the House of 22 June 2004. A copy of the full statement can be downloaded from http://www.publications.parliament.uk/pa/cm200304/cmhansrd/vo040622/wmstext/40622m01.htm


Share this information?