Commentary on Sections Part 1 – Adoption Chapter 6 – Adoptions with a Foreign Element Section 85: Restriction on taking children out
223.Section 85 imposes restrictions on taking children who are Commonwealth citizens or habitually resident in the United Kingdom out of the United Kingdom for the purpose of adoption.  It is an offence unless the proposed adopters have obtained an order under section 84 or the child is removed under the authority of an order under section 50 of the Adoption (Scotland) Act 1978 or Article 57 of the Adoption (Northern Ireland) Order 1987. A person would be liable on summary conviction to up to six months’ imprisonment or a fine not exceeding the statutory maximum, or both, or, in the event of the case being referred to the Crown Court, to up to twelve months’ imprisonment or an unlimited fine, or both.