HL Deb 31 October 1975 vol 365 cc851-2

[Nos. 85 to 88]

Clause 33, page 23, line 1, leave out from beginning to ("are") in line 2 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 23(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 30, 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").

Clause 33, page 23, line 6, leave out from ("30") to end of line 8.

Clause 33, page 23, line 14, leave out from ("30") to end of line 17 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 36, shall have effect accordingly.").

Clause 33, page 23, line 22, 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.").

Lord WELLS-PESTELL

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 85 to 88.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Wells-Pestell.)

On Question, Motion agreed to.