§ 29. Mr. Abseasked the Secretary of State for the Home Department whether he is aware that the seducer of a married woman living with her husband cannot be ordered to make any payment for a child born out of the affair; and whether he will seek to amend the Affiliation Act to ensure that such putative fathers no longer can escape from their responsibilities to their children.
§ Mr. George ThomasThis proposal would entail a departure from the presumption that a child born during the subsistence of a valid marriage is legitimate. My right hon. and learned Friend is not satisfied that such a change in the law would be desirable or free from difficulty.
259W
§ Mr. Abseasked the Secretary of State for the Home Department whether he is aware of the practice in some continental countries whereby formal but private recognition of paternity by the father of an illegitimate child may be given; and whether he will seek to amend the Affiliation Act to enable such formal recognition to be accorded privately by the clerk to the magistrates or other appointed officer of the court.
§ Mr. George ThomasI understand that such a practice does exist in some continental countries, but that in some cases, where an element of doubt as to paternity may arise, the public authority before which the formal recognition is being accorded may advise that court proceedings should nevertheless be taken. On present information my right hon. and learned Friend is not satisfied that the practice has any advantage over the making of payments under a voluntary agreement, which, if the putative father subsequently refuses payment, enables the mother to bring proceedings for an affiliation order at any time.
§ Mr. Abseasked the Secretary of State for the Home Department whether he is aware of the need of research into the problem of unmarried fathers; what action he will take to encourage such research; and whether he will seek to amend the Affiliation Act to enable officers of the court before proceedings are commenced to interview, on the application of an unmarried mother, the alleged putative father with a view, in suitable circumstances, to encouraging the parents of an illegitimate child to marry.
§ Mr. George ThomasIf my hon. Friend will give me details of the matters which in his view require research, my right hon. and learned Friend will be glad to consider them. As at present informed he sees no reason to think that a statutory procedure is needed to encourage the parents of illegitimate children to marry.
§ Mr. Abseasked the Secretary of State for the Home Department whether he is aware that any court order made against a father of an illegitimate child is payable unless there is a special direction only until the child is 13 years of age and that in no event can the order be extended 260W beyond 16 years of age; and, in order that fathers may be ordered to give proper aid to children suffering from physical or mental disability and in need of further educational assistance, he will seek appropriately to amend the Affiliation Act.
§ Mr. George ThomasUnder Section 7 of the Affiliation Proceedings Act, 1957, the court has power, if a child to which an order relates is engaged in a course of education or training after attaining the age of 16 years, to order payments to be made towards the child's maintenance up to the age of 21. My right hon. and learned Friend is considering the possibility of extending this provision to cases in which illegitimate children between the ages of 16 and 21 are dependent for reasons other than education or training.