Suspension by the UK of Inter-country Adoptions

Philip Cordery, Barrister, New Court Chamber, Newcastle upon Tyne. At the time of writing the article, the Children and Adoption Bill has been subject to scrutiny and amendment in the House of Lords. Part 2 of the Bill introduces a statutory framework for the suspension of inter-country adoptions from specified countries where there are public policy concerns about the process of inter-country adoption in that country. If enacted, Part 2 will expressly provide that the Secretary of State has power to impose restrictions on inter-country adoptions of any sort by British residents from a specified country. The author looks at the case of R (Charlton Thomson and Others) v Secretary of State for Education and Skills [2005] EWHC 1378 (Admin) where Munby J was quite clear that the Secretary of State already had these powers and that her exercise of them in June 2004 in order to suspend inter-country adoptions from Cambodia was lawful. See December [2005] Fam Law 975 for the full article.

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