HC Deb 28 October 1975 vol 898 cc1456-7
Dr. Owen

I beg to move Amendment No. 219, in page 9, line 1, leave out subsections (1) to (6) and insert: '14.—(1) Where, on an application by an adoption agency, an authorised court is satisfied in the case of each parent or guardian of the child that—

  1. (a) he freely, and with full understanding of what is involved, agreed generally and unconditionally to the making of an adoption order, or
  2. (b) his agreement to the making of an adoption order should be dispensed with on a ground specified in section 12(2),
the court shall, subject to subsection (5), make an order declaring the child free for adoption. (2) No application shall be made under sub section (1) unless—
  1. (a) it is made with the consent of a parent or guardian of the child, or
  2. (b) the adoption agency is applying for dispensation under subsection (1)(b) of the agreement of each parent or guardian of the child, and the child is in the care of the adoption agency.
 (3) No agreement required under subsection (1)(a) shall be dispensed with under subsection (1)(b) unless the child is already placed for adoption or the court is satisfied that it is likely that the child will be placed for adoption. (4) An agreement by the mother of the child is ineffective for the purposes of this section if given less than six weeks after the child's birth. (5) An order under this section shall not be made in Scotland in relation to a child who is a minor unless with the consent of the child; except that where the court is satisfied that the minor is incapable of giving his consent to the making of the order, it may dispense with that consent'.

Mr. Deputy Speaker

With it we may also discuss Government Amendments Nos. 26 and 79.

Dr. Owen

In Committee on 15th July I undertook to look again at the overlapping aspects of subsections (1) and (3) of the clause—it was about the only time that we got heated in our discussions—to consider whether the different situations covered by the subsections might be dealt with differently. We have found a way of doing so.

The amendment has two effects. It changes the basic structure of Clause 14 and removes the overlapping aspects of subsections (1) and (3). It also removes subsection (6).

Amendment No. 26 operates the freeze in relation to the clause in a more selective way than was possible before the clause was redrafted, and Amendment No. 79 is purely consequential.

Amendment agreed to.

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