Children and Adoption Bill [HL]

moved Amendment No. 139:"Page 14, line 30, at end insert—" ““(   )   In section 85 of the Adoption and Children Act 2002 (restriction on taking children out) in subsection (2) after ““section 84”” add— ““(b)   the High Court has given leave for the child to leave the United Kingdom to be placed with the prospective adopters pending the issue of an application under section 84 (giving parental responsibility prior to adoption abroad).”” The noble Baroness said: At this late hour, I apologise for taking the time of the Committee on what must be the most ““anoraky”” of amendments that we have dealt with throughout the passage of the Bill, but it is incredibly important. It deals with a very small issue which affects a very small number of children—that is, children in this country for whom it is determined that it is in their best interests to be adopted abroad; that is, where the receiving country is not the United Kingdom. There are very few children in that category but they exist. The amendment—it is very technical, for which I apologise—seeks to extend the power of the High Court to enable it, if appropriate, to make an order permitting a child to live abroad with prospective adopters for a trial period. Noble Lords who have discussed intercountry adoption will know that it is a requirement that the child should live—usually in this country when this country is the receiving country—for a trial period with the prospective adopters. My amendment deals with the reverse situation. Where it has been determined by a court that it is in the best interests of a child to be adopted by people who live abroad, the court would be given the power to waive the 10-week period during which the child normally has to live with the adoptive parents in this country because that might well disrupt the adopters’ lives or jobs or whatever. We are talking about a very small and tightly defined group of children. We are not talking about anything that would open up loopholes for trafficking or anything of that nature. I emphasise that the amendment would give the power to the High Court to make an order only in appropriate circumstances. If insufficient safeguards were in place, the court could decline to make such an order. I beg to move.