Adoption - special restrictions: list of countries

Statutory framework for the restriction of adoptions from abroad

Section 62 of the Adoption and Children (Scotland) Act 2007 makes provision regarding the restriction of adoptions from abroad by British residents. Section 62(3) allows the Scottish Ministers to declare, by order, that special restrictions are to apply for the time being to adoptions from a country or territory.  Special restrictions amount to a suspension of the processing of adoptions from the country in question.

The Scottish Ministers must publish the ‘restricted list’ and the reasons for declaring a country ‘restricted’ in whatever way they think appropriate to bring them to the attention of adoption agencies and members of the public. Section 63 requires the Scottish Ministers to keep each restricted country under review to determine whether it should remain a restricted country.

Section 64(1) of the Act provides that the special restrictions are that the Scottish Ministers are not to take any step that they might otherwise have taken to further the adoption from abroad. Section 64(2) provides that, where special restrictions apply, the Scottish Ministers may take those steps if the prospective adopters satisfy them that those steps should be taken despite the special restrictions.

Read more about the provisions relating to the restriction of adoptions from abroad in the Explanatory Notes to the Act, (paragraphs 228-238).