§ Order of the Day for the House to be put into Committee read.
§ Moved, That the House do now resolve itself into Committee.—(Viscount Hailsham.)
§ On Question, Motion agreed to.
§ House in Committee accordingly:
§ [The EARL OF DONOUGHMORE in the Chair.]
§ Clauses 1 and 2 agreed to.
§ Clause 3:
§ Power to raise action for lying-in expenses and aliment before birth of child.
§
3. Any unmarried woman who is pregnant may before the birth of the child raise an action for lying-in expenses and for aliment against the putative father, but no declarator of paternity shall be pronounced, no proof shall be taken, and subject as hereinafter provided, no operative decree for payment shall be pronounced in such action until after the birth of the child, but where the action is undefended, or where parentage is admitted by the defender, the court may at any time make an interim award of lying-in expenses, as also an interim award of aliment, to commence at the date of the birth of the child:
Provided that no action shall be competent before birth unless the woman produces—
§ No such action shall be raised more than three months before the date of the expected delivery.
§ VISCOUNT HAILSHAM had given Notice of a series of Amendments to make the clause read as follows:—
§ 3. Any unmarried woman who is pregnant may before the birth of the child raise an action of affiliation and aliment against the person she alleges to be the father of the child, but no declarator of paternity shall be pronounced, no proof shall be taken, and subject as hereinafter provided, no decree for payment shall be pronounced in such action until after the birth of the child, but where the action is undefended, or where paternity is admitted by the defender, the court may before the birth of the child grant decree for payment of a sum to account in respect of inlying expenses, and for payment of periodical sums in respect of aliment beginning at the date of the birth of the child and where any such decree has been granted the Court may, after the birth of the child, grant decree for payment of a further sum in respect of inlying expenses, and may review and alter the periodical sums so decerned for in respect of aliment.
§ (2) Notwithstanding anything in the foregoing subsection it shall not be competent to raise any action of affiliation and aliment before the birth of the child unless the pursuer produces—
- (i) A declaration sworn before a justice of the peace or magistrate that the defender is the father of the child, and
- (ii) A certificate signed by a duly qualified medical practitioner certifying that she is pregnant and specifying the date on which delivery may normally be expected;
§ The noble and learned Viscount said: There are several Amendments down in my name to Clause 3. I should like to explain to your Lordships that these are all put down at the instance of the Scottish Office. It appears that by some mistake the Scottish Office did not have the opportunity of moving these Amendments on Report in another place, and therefore they have asked that they should be moved now. The whole of them, I am assured by the Lord Advocate and the Secretary of State for Scotland, are merely drafting Amendments, and I hope, therefore, that your Lordships will accept that assurance, and not desire me to explain the exact bearing of each one. I beg to move.
§ Amendments moved—
182§ Clause 3, page 2, lines 22 and 23, leave out from ("action") to end of line 23, and insert ("of affiliation and aliment against the person she alleges to be the father of the child")
§ Clause 3, page 2, line 26, leave out ("operative")
§ Clause 3, page 2, line 28, leave out ("parentage") and insert ("paternity")
§ Clause 3, page 2, lines 29 to 34, leave out from ("may") to ("produces") in line 34, and insert ("before the birth of the child grant decree for payment of a sum to account in respect of inlying expenses, and for payment of periodical sums in respect of aliment beginning at the date of the, birth of the child and where any such decree has been granted the Court may, after the birth of the child, grant decree for payment of a further sum in respect of inlying expenses, and may review and alter the periodical sums so decerned for in respect of aliment.
§ (2) Notwithstanding anything in the foregoing subsection it shall not be competent to raise any action of affiliation and aliment before the birth of the child unless the pursuer")
§ Clause 3, page 2, lines 36 and 37, leave out from ("magistrate") to ("and") in line 37, and insert ("that the defender is the father of the chill")
§ line 42, leave out from beginning to ("more"), and insert ("and it shall not be competent to raise any such action")
§ Clause 3, page 2, line 43, leave out from ("date") to end of line, and insert ("so specified").—(Viscount Hailsham.)
§ On Question, Amendments agreed to.
§ Clause 3, as amended, agreed to.
§ Remaining clauses agreed to.