HL Deb 13 December 1949 vol 165 cc1508-9

Clause 3, page 2, line 21, leave out from beginning to ("on") in line 28 and insert— ("Subject to the following provisions of this section, any consent required by this section for the making of an adoption order may be given either before or after an application has been made for the order; but the consent of the mother of the infant shall be of no effect for the purposes of this section if given earlier than six weeks after the birth of the infant.

(3) Any consent given for the purposes of an application for an adoption order may be given (subject to such conditions, if any, as may be specified therein with respect to the religious persuasion in which the infant is to be brought up) in respect of any order which may be made in pursuance of the application, and shall be valid notwithstanding that the identity of the applicant is not specified in the consent or known to the consenting party; and where a consent so given by any person is subsequently withdrawn")

Clause 19, page 10, line 30, leave out ("the last foregoing section") and insert ("this section")

line 31, at end insert—

("(4) Provision shall be made by rules under section eight of the principal Act for securing that any consent given by the mother of the infant for the purposes of this section otherwise than before the court which makes an adoption order shall be given in writing, in such form as may be prescribed by the rules, and signed, upon the date upon which it purports to be given, in the presence of a justice of the peace.")

The Commons disagree to the above Amendments but propose the following Amendments to the Bill in lieu thereof:

Page 2, line 21, leave out subsection (2) and insert—

("(2) The consent of any person to the making of an adoption order in pursuance of an application may be given (either unconditionally or subject to conditions with respect to the religious persuasion in which the infant is to be brought up) without knowing the identity of the applicant for the order; and where consent so given by any person is subsequently withdrawn on the ground only that he does not know the identity of the applicant, his consent shall be deemed for the purposes of this section to be unreasonably withheld.

(3) Where any person whose consent to the making of an adoption order is required by this section does not attend in the proceedings for the purpose of giving it, a document signifying his consent to the making of such an order shall, if the person in whose favour the order is to be made is named or otherwise described in the document, be admissible as evidence of that consent, whether the document is executed before or after the commencement of the proceedings; and where any such document is attested by a justice of the peace (or, if executed outside the United Kingdom, by a person of any such class as may be prescribed by rules made under the principal Act), the document shall be admissible as aforesaid without further proof of the signature of the person by whom it is executed: Provided that a document signifying the consent of the mother of an infant shall not be admissible as aforesaid unless—

  1. (a) the infant is at least six weeks old on the date of the execution of the document; and
  2. (b) the document is attested on that date by a justice of the peace or, as the case may be, by a person of a class prescribed as aforesaid.

(4) While an application for an adoption order in respect of an infant is pending in any court, any parent or guardian of the infant who has signified his consent to the making of an adoption order in pursuance of the application shall not be entitled, except with the leave of the court, to remove the infant from the care and possession of the applicant; and in considering whether to grant or refuse such leave the court shall have regard to the welfare of the infant.

(5) For the purposes of subsection (3) of this section a document purporting to be attested as mentioned in that subsection shall be deemed to be so attested, and to be executed and attested on the date and at the place specified therein, unless the contrary is proved.")

Page 9, line, 19, leave out front ("infant") to end of line 22 and insert— ("In subsection (2), after the word 'person' where that word first occurs, there shall be inserted the words 'other than the consent of an infant'; and in subsection (3), for the words `admissible as evidence' there shall be substituted the words `sufficient evidence' and for the words 'admissible as aforesaid' the words 'sufficient evidence as aforesaid.'")