Commentary on Sections Part 1 – Adoption Chapter 6 – Adoptions with a Foreign Element Section 83: Restriction on bringing children in
218.Section 83 imposes restrictions on British residents bringing or causing someone else to bring a child habitually resident outside the British Islands into the United Kingdom with the intention of adopting the child in the United Kingdom, unless the person complies with prescribed requirements and meets prescribed conditions.  It also makes it a criminal offence for a British resident to bring or cause someone else to bring a child habitually resident outside the British Islands who he has adopted within the last six months into the United Kingdom, unless he complies with prescribed requirements and meets prescribed conditions.  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.
219.It is intended that regulations will require the British resident to be assessed and approved as suitable to adopt by a United Kingdom adoption agency prior to bringing a child into the United Kingdom.
220.The restrictions in this section do not apply if the child is intended to be adopted under a Convention adoption order (subsection (2)), as the provisions in the Hague Convention will apply in such circumstances.
221.This section replaces and strengthens section 56A of the Adoption Act 1976 which was inserted by section 14 of the Adoption (Intercountry Aspects) Act 1999.  It extends to England and Wales only, but section 133 makes similar provision for Scotland.