Case No. UKUT-00197-(IAC)

UK 9. Where an adoption carried out in accordance with the law and customs of a foreign country is not so recognised, there is a prohibition in bringing the child into the UK except where the Immigration Rules make other provision. 10. The prohibition is found in s. 83 of the Adoption and Children Act: 83 Restriction on bringing children in (1) 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 twelve 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. 11. In Scotland the prohibition is found in s. 58 of the Adoption and Children (Scotland) Act 2007 and in Northern Ireland by NI SI 144 regs 3 and 4. 12. By virtue of s.83(2) of the Adoption and Children Act where it is intended the child is to be adopted under a Hague Convention adoption, the prohibition contained within s. 83(1) is expressly excluded . However, the prohibition does apply to all ‘external adoptions’ – defined as 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 an adoption within the meaning of ACA Chapter 4 (that is a recognised or ‘overseas adoption’) or a full adoption (within the meaning of section 88(3) – that is an adoption by virtue of which the child is treated in law as not being the child of any person other than the adopter(s).)