Adoption - special restrictions: list of countries

Haiti

Title of order: Special Restrictions on Adoptions from Abroad (Haiti) Order 2010
Date order in force: 15 October 2010

The order places on a statutory footing the suspension of adoptions from Haiti that is currently in place.

In June 2010, at the 'Special commission on the practical operation of the Hague Convention of 29 May 1993 on Protection of Children and co-operation in Respect of Intercountry Adoption', the Hague Bureau concluded that, in a disaster situation,

• efforts to reunite a displaced child with his or her parents or family members must take priority
• no new adoption applications should be considered in the period after the disaster or before the authorities in that State are in a position to apply the necessary safeguards
• there is a need for a common approach on the part of Central Authorities in dealing with such situations

The UN Children's Fund (UNICEF) published a report in July 2010 assessing the situation pre- and post-earthquake. The report indicated that, prior to the earthquake, UNICEF was working with the Government of Haiti and other partners to improve standards and ensure that alternative care options were carefully considered in the best interest of the child, but that proper safeguards are not always in place. The report suggests that, despite efforts to improve the infrastructure, the situation in Haiti is still very difficult and that the standards for safeguarding children have deteriorated.

The Scottish Ministers are of the view that, because of practices taking place in Haiti, it would be contrary to public policy to further the bringing of children into the United Kingdom from Haiti as specified in section 62(1) of the Adoption and Children (Scotland) Act 2007.