§ 28. Mr. Abseasked the Secretary of State for the Home Department whether he is aware that the maximum order that can be obtained by an unmarried mother in a court against the father of her child is 50s. per week and that any payment awarded by the court is taxed as unearned income and ceases to be payable upon the death of the father, irrespective of the size of the father's estate; and whether, in order to ensure that wealthy putative fathers should give proper support to their children, he will seek to amend the Affiliation Act to enable larger amounts to be awarded and to enable lump sums to be claimed against the estate of a deceased father.
§ Mr. George ThomasMy right hon. and learned Friend is considering the need to amend the law to enable amounts larger than 50s. a week to be ordered in affiliation proceedings. Consideration of the possibility of providing for claims against the estate of a deceased putative father must await the report of the Committee which is considering the law of succession in relation to illegitimate persons.
§ Mr. Abseasked the Secretary of State for the Home Department whether he is aware that an unmarried mother seeking to enforce or vary an order made in respect of her child under the Affiliation Act has to make such an application in open court; and whether he will seek to amend the Affiliation Act in order to protect the mother from publicity.
§ Mr. George ThomasMy right hon. and learned Friend is considering the desirability of bringing the law relating to affiliation proceedings in line with that relating to the matrimonial and guardianship proceedings in magistrates' courts, and this is one of the matters which would be dealt with.
§ Mr. Abseasked the Secretary of State for the Home Department whether he is aware that the rule preventing an un? 258W married mother commencing proceedings against a putative father more than 12 months after the birth of the child is resulting in hardship to the child; and whether he will seek to amend the Affiliation Act to enable proceedings to be commenced beyond the existing time limit.
§ Mr. George ThomasThe object of this rule is to ensure that proceedings are brought while evidence is still fresh. It is in the child's interest that there should be no delay in commencing proceedings, and my right hon. and learned Friend has no evidence that the rule causes substantial hardship.
§ Mr. Abseasked the Secretary of State for the Home Department whether he is aware that an unmarried mother cannot enforce an affiliation order against a father who is resident in a Commonwealth country; and whether, in view of the increasing number of Commonwealth citizens in this country, he will seek to amend the Maintenance Order (Facilities for Enforcement) Act, 1920, so that it expressly includes an affiliation order.
§ Mr. George ThomasMy right hon. and learned Friend is considering the possibility of making this and other amendments to the Maintenance Order (Facilities for Enforcement) Act, 1920. This will require Commonwealth consultation with a view to reciprocal legislation in Commonwealth countries.