HC Deb 28 October 1975 vol 898 cc1479-80

Amendments made:

No. 31, in page 25, line 19, leave out from beginning to 'are' in line 21 and insert— '(1) Where on an application for an adoption order by a relative of the child or by the husband or wife of the mother or father of the child, whether alone or jointly with his or her spouse, the requirements of section 12 or, where the application is for a Convention adoption order, section 24(6) are satisfied, but the court is satisfied—

  1. (a) that the child's welfare would not be better safeguarded and promoted by the making of adoption order in favour of the applicant, than it would be by the making of a custodianship order in his favour, and
  2. (b) that it would be appropriate to make a custodianship order in the applicant's favour,
the court shall direct the application to be treated as if it had been made by the applicant under section 32, but if the application was made jointly by the father or mother of the child and his or her spouse, the court shall direct the application to be treated as if made by the father's wife or the mother's husband alone. (1A) Where on an application for an adoption order made—
  1. (a) by a person who is neither a relative of the child nor the husband or wife of the mother or father of the child; or
  2. (b) by a married couple neither of whom falls within paragraph (a).
the said requirements'.

No. 32, in page 25, line 25, leave out from '32' to end of line 27.

No. 33, in page 25, line 33, leave out from '32' to end of line 36 and insert— '(2A) Where a direction is given under this section the applicant shall be treated (if such is not the case) as if he were qualified to apply for a custodianship order and this Part, except section 38, shall have effect accordingly.'.

No. 34, in page 25, line 41, at end insert— '(4) Subsections (1) and (1A) do not apply to an application for an adoption order made by the child's mother or father alone.'.—[Dr. Owen.]

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