Clause 14 - Other amendments relating to adoptions from abroad
Children and Adoption Bill [Lords]
12:45 pm
Beverley Hughes (Minister of State (Children, Young People and Families), Department for Education and Skills; Stretford and Urmston, Labour)
I appreciate that the issue of the 10 weeks and the circumstances in which UK children may be adopted abroad in foreign countries were of considerable debate in the other place. I was surprised not to see amendments to similar effect here.
With the situation as it stands under the 2002 Act, which is what brought the change from the previous position to the 10-week period, what we want is a trial period to consider whether the relationship between the prospective adopters and the child is likely to be stable and lasting. That seems to be an essential component of the process, providing information to the courts about whether the making of a lasting adoption order is in the best interests of the child. As members will know, the local authority prepares a report to the court setting out its opinion on the likely success or otherwise of the placement. That is a minimal required position to try to ensure that the proposed arrangements are going to work for the children.
Such a route is slightly more onerous than the previous court-order route, although less onerous than the six-month cohabitation period. For safeguarding, which the hon. Member for Mid-Dorset and North Poole said at the outset was her overriding principle, we have come to the settled position that the 10-week provision is right, striking the balance between safeguarding children and having a requirement for adopters, which, while important, is not over-onerous. We have concluded that we will keep to the current position, particularly on the safeguarding issue.
The hon. Member for East Worthing and Shoreham asked what had changed since the amendment was debated some years ago. The argument, to which my noble Friend Lord Adonis alluded in the House of Lords, if I remember the debate correctly, is that we feel that there have been some cases in which people are circumventing the six-month rule who would be caught by a 12-month rule. We have had some cases of UK residents adopting children, then leaving them in the care of a person in another country until the six months have passed, in order to avoid meeting the conditions. Members may ask why we have 12 months and not another period, but there is a balance, as with everything. We know that in certain cases the six-month rule is being circumvented by people with the wherewithal to do so. Twelve months discourages people from circumventing the restrictions.
While attempting to strengthen the legislation, I recognise that no system can be watertight. However, we believe on the basis of evidence put before us over recent years that we cannot leave the six months. We have to raise the bar somewhat and, because of cases that we are aware of, we propose 12 months. It might have been better to do that when the amendment was proposed some years ago, but the thinking then was based on evidence at the time. We have now considered the issue more closely and believe that cases are getting around the system, so we feel that we must tighten it. That is why we propose 12 as opposed to six months. I hope that hon. Members are reassured and will accept that clause 14 should stand part of the Bill.