Part 1Adoption
Chapter 6Adoptions with a foreign element
Bringing children into and out of the United Kingdom
83 Restriction on bringing children in
I1I2C11
This section applies where a person who is habitually resident in the British Islands (the “British resident”)—
a
brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption by the British resident, or
b
at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of F1twelve months ending with that time.
The references to adoption, or to a child adopted, by the British resident include a reference to adoption, or to a child adopted, by the British resident and another person.
I1I22
But this section does not apply if the child is intended to be adopted under a Convention adoption order.
I1I23
An external adoption means an adoption, other than a Convention adoption, of a child effected under the law of any country or territory outside the British Islands, whether or not the adoption is—
a
an adoption within the meaning of Chapter 4, or
b
a full adoption (within the meaning of section 88(3)).
I1I24
Regulations may require a person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where this section applies—
a
to apply to an adoption agency (including a Scottish or Northern Irish adoption agency) in the prescribed manner for an assessment of his suitability to adopt the child, and
b
to give the agency any information it may require for the purpose of the assessment.
I1I2C25
Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.
I1I26
In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may—
a
provide for any provision of Chapter 3 to apply with modifications or not to apply,
b
if notice of intention to adopt has been given, impose functions in respect of the child on the local authority to which the notice was given.
I1I2C37
If a person brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where this section applies, he is guilty of an offence if—
a
he has not complied with any requirement imposed by virtue of subsection (4), or
b
any condition required to be met by virtue of subsection (5) is not met,
before that time, or before any later time which may be prescribed.
I3C38
A person guilty of an offence under this section is liable—
a
on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,
b
on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.
I1I2C39
In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.