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Select Committee on Social Affairs debate -
Wednesday, 2 Oct 1996

SECTION 7.

I move amendment No. 5:

In page 9, between lines 43 and 44, to insert the following:

"(4B) For the purposes of subsections (4) and (4A), "relative" includes a parent and the spouse of a parent of a child.".

This amendment addresses a concern expressed on Second Stage by Deputy Shatter that the prohibition on private adoption placements provided for in section 7 of the Bill could make it illegal for a mother to adopt her child jointly with her husband, who is not the father, or to place her child for adoption with the father and his spouse. It was never the intention that the prohibition should extend to such arrangements, which are known as family adoptions. The thrust of section 7 is to outlaw the direct placement of a child for adoption by a parent with a person who is not related to the child. Amendment No. 5 would make it clear that the prohibition would not apply to arrangements for the adoption of a child by a parent, the spouse of a parent, or a member of the extended maternal or paternal family.

This amendment also responds to one of the points made by Treoir. I welcome the amendment which ensures that the offence of giving the child for private adoption does not catch the husband of the birth mother. This is particularly important and was missed when the Bill was drafted. Treoir has pointed out the omission and we are concerned about it. It was raised on an earlier stage as the Minister mentioned. The Minister's amendment deals with it effectively. We must remember that parliamentary draftspeople and Attorneys-General miss out little things occasionally, as well as members of the Opposition. It happens on both sides of the House from time to time. We are happy to co-operate with the Minister in putting it right.

That is why we have a Committee Stage.

This is a good piece of housekeeping on behalf of the Minister and I am glad, as has been explained, that the uncertainty has been removed because it did cause concern.

Amendment agreed to.
Section 7, as amended, agreed to.
Sections 8 and 9 agreed to.
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