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Children and Adoption Act 2006

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9Declaration of special restrictions on adoptions from abroadE+W+N.I.

This section has no associated Explanatory Notes

(1)This section applies if the Secretary of State has reason to believe that, because of practices taking place in a country or territory outside the British Islands (the “other country”) in connection with the adoption of children, it would be contrary to public policy to further the bringing of children into the United Kingdom in the cases mentioned in subsection (2).

(2)The cases are that a British resident—

(a)wishes to bring, or cause another to bring, a child who is not a British resident into the United Kingdom for the purpose of adoption by the British resident, and, in connection with the proposed adoption, there have been, or would have to be, proceedings in the other country or dealings with authorities or agencies there, or

(b)wishes to bring, or cause another to bring, into the United Kingdom a child adopted by the British resident under an adoption effected, within the period of twelve months ending with the date of the bringing in, under the law of the other country.

(3)It is immaterial whether the other country is a Convention country or not.

(4)The Secretary of State may by order declare, in relation to any such country or territory, that special restrictions are to apply for the time being in relation to the bringing in of children in the cases mentioned in subsection (2).

(5)Before making an order containing such a declaration the Secretary of State must consult—

(a)the National Assembly for Wales, and

(b)the Department of Health, Social Services and Public Safety in Northern Ireland.

(6)A country or territory in relation to which such a declaration has effect for the time being is referred to below in this section as a “restricted country”.

(7)The Secretary of State must publish reasons for making the declaration in relation to each restricted country.

(8)The Secretary of State must publish a list of restricted countries (“the restricted list”) and keep the list up to date.

(9)The restricted list and the reasons are to be published in whatever way the Secretary of State thinks appropriate for bringing them to the attention of adoption agencies and members of the public.

(10)In this section—

(a)British resident” means a person habitually resident in the British Islands, and the reference to adoption by a British resident includes adoption by a British resident and another person,

(b)the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at The Hague on 29th May 1993,

(c)Convention country” means a country or territory in which the Convention is in force.

Commencement Information

I1S. 9(1)-(3)(5)-(10) in force at 1.8.2008 by S.I. 2008/1798, art. 2(2)(a)

I2S. 9(4) in force at 7.7.2008 by S.I. 2008/1798, art. 2(1)(a)

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