Chapter 7: Adoptions with a foreign element
(clauses 6 to 8)
201. We expect the Government to take into account
in the full Bill any issues arising from the judicial review proceedings.
(para 123)
202. Many of the problems arising within this
part of the draft Bill, and outlined in our discussions below,
could have been mitigated by greater consultation before publication.
(para 124)
203. A significant amount of detail in this part
of the draft Bill has been left to regulations. This includes
regulations to set out the special restrictions placed upon a
country and to make provision for exceptional cases. The content
of these regulations will be key to addressing some of the concerns
we outline below. (para 125)
204. It should be stated clearly on the face
of the Bill that, in considering whether special restrictions
ought to be imposed, the Secretary of State must have particular
regard to the rights enshrined in the UN Convention on the Rights
of the Child (UNCRC) and the Hague Convention on Protection and
Cooperation in respect of Intercountry Adoption. (para 130)
205. We recommend that the full Bill should include
a requirement for the Government to consult with relevant stakeholders
before making a decision to impose special restrictions. (para
137)
206. We recommend that the Government review
the cut-off point for adoption from a restricted country, with
the intention of providing transitional arrangements for those
couples at an advanced stage in the adoption process, bearing
in mind that the welfare of the child is at all times the paramount
consideration. (para 141)
207. The procedure for considering exceptional
cases in relation to a restricted country should be set out in
the special restrictions regulations. We further recommend that
the Government consider establishing an appeals procedure and
explore whether this function could be undertaken by the Independent
Review Mechanism established by the Adoption and Children Act
2002. Any appeals procedure must meet the requirement that the
welfare of the child is at all times the paramount consideration.
(para 145)
208. We recommend that the Government should
take steps to establish an inter-country adoption agency, which
we believe would enhance good adoption practice and inform the
Government about unsatisfactory practices in countries where children
are available for adoption. (para 149)
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