Vote Bundle Text (920520-02)

Amendments proposed to the Adoption and Children Bill, As Amended - continued	House of Commons

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Adoption by unmarried couples

Dr Evan Harris
Sandra Gidley
Dr Richard Taylor
Mr Elfyn Llwyd
Jeremy Corbyn
Mr Tony McWalter

NC2

To move the following Clause:—

'(1) An adoption order may not be granted on the application of an unmarried couple unless the court is satisfied—

(a)	that both of the applicants are over the age of twenty-one;

(b)	for the period of 2 years ending with the date of the application, the partners have lived in the same household (otherwise than merely by reason of one of them being the other's employee, tenant, lodger or boarder); and

(c)	that the applicants are not close relatives of each other.

(2) "Close relative", in relation to any person, means his grandparents, parents, children, step-children, uncles and aunts, nephews and nieces, brothers and sisters and step-brothers and step-sisters.

(3) In relation to any application made under this section, the court may take into consideration the arrangements which the applicants have made, or intend to make in order to safeguard the welfare of the child involved, should their relationship break down.'.

Adoption orders: unmarried couples

Mr David Hinchliffe
Mr Andrew Lansley
Mr Elfyn Llwyd
Mr Jonathan R. Shaw
Mr Tony McWalter
Virginia Bottomley

NC3

To move the following Clause:—

'(1) An adoption order may be made on the application of an unmarried couple where both members of the couple have attained the age of 21 years.

(2) An adoption order may be made on the application by an unmarried couple if the court is satisfied

(a)	that they have been living together for at least two years at time of application,

(b)	that the relationship between the couple is stable and is intended by each of them to be permanent, and

(c)	that the unmarried couple has made arrangements to safeguard the financial and practical security of the child in the event of the ending of their relationship and to meet their joint and individual parental responsibilities.'.

Disclosure of information regarding a person's adoption

Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean

NC4

To move the following Clause:—

'(1) This section shall apply only to an adopted person who has attained the age of 18 years.

(2) The appropriate adoption agency shall have a duty to inform an adopted person that he was adopted, subject to the regulations referred to in subsection (3).

(3) Regulations may prescribe—

(a)	the method by which adoption agencies shall discharge the duty described in subsection (2), and

(b)	any categories of adopted persons to whom the duty subscribed in subsection (2) shall not apply.'.

Adoption at birth or within three months thereafter

Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean

NC5

To move the following Clause:—

'(1) Where an adoption agency is satisfied that each parent or guardian of a child has consented to the child being placed for adoption at birth, the adoption agency must place that child as soon as is practicable with the prospective adopters, with due regard to the birth-parents' rights to alter arrangements within time limits which shall be specified by regulations.

(2) Subject to subsection (3), where a local authority is satisfied that the parent's or guardian's consent should be dispensed with, it may place the child with the prospective adopters without first obtaining a placement order, but it shall have a duty to apply for a placement order as soon as is practicable thereafter.

(3) Subjection (2) shall only apply to children under the age of three months.'.

Suitability of adoptors

Mr David Hinchliffe
Julie Morgan
Mr Hilton Dawson

NC13

To move the following Clause:—

'(1) Regulations under section 9 may make provision as to the matters to be taken into account by an adoption agency in determining, or making any report in respect of, the suitability of any persons to adopt a child.

(2) In particular, the regulations may make provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship'.

Mr Secretary Milburn

Page 50, line 5 [Clause 90], leave out subsections (2) and (3) and insert—

'(2) A person is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 89(2) unless it is proved that he knew or had reason to suspect that the child was handed over to him in contravention of paragraph (e) of that subsection .

(3) A person is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 89(2) unless it is proved that he knew or had reason to suspect that the step taken would contravene the paragraph in question.

( ) But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned'.

Mr Secretary Milburn

Page 50, line 33 [Clause 91], leave out subsection (4) and insert—

'( ) A person is not guilty of an offence under subsection (2)(b) unless it is proved that he knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1).

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned'.

Mr Secretary Milburn

233

Page 52, line 6 [Clause 95], leave out subsection (2).

Mr Secretary Milburn

Page 52, [Clause 97], leave out lines 17 and 18 and insert 'in the High Court or a County Court may be heard and determined in private'.

Mr Secretary Milburn

Page 52, line 18 [Clause 97], at end insert—

'( ) In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1)(a)(ii), after "1989" there is inserted "or the Adoption and Children Act 2002".

( ) In section 97 of the 1989 Act (privacy for children involved in certain proceedings), after "this Act" in subsections (1) and (2) there is inserted "or the Adoption and Children Act 2002"'.

Mr Secretary Milburn

135

Page 52, line 21 [Clause 98], leave out from 'of' to 'rules' and insert—

'(a)	any relevant application,

(b)	the signification by any person of any consent to placement or adoption'.

Mr Secretary Milburn

136

Page 52, line 23 [Clause 98], at end insert—

'(1A) The rules may provide for the appointment of such an officer in other circumstances in which it appears to the Lord Chancellor to be necessary or expedient to do so.

(1B) The rules may provide for the officer—'

Mr Secretary Milburn

137

Page 52, line 24 [Clause 98], leave out third 'the' and insert 'any relevant'.

Mr Secretary Milburn

138

Page 52, line 26 [Clause 98], at end insert—

'(aa)

where the court so requests, to prepare a report on matters relating to the welfare of the child in question'.

Mr Secretary Milburn

139

Page 52, line 28 [Clause 98], leave out 'other prescribed duties' and insert 'prescribed functions.

(1C) A report prepared in pursuance of the rules on matters relating to the welfare of a child must—

(a)	deal with prescribed matters (unless the court orders otherwise), and

(b)	be made in the manner required by the court'.

Mr Secretary Milburn

140

Page 52, line 32 [Clause 98], leave out 'or'.

Mr Secretary Milburn

256

Page 52, line 35 [Clause 98], at end insert 'or

(c)	is within a prescribed description'.

Mr Secretary Milburn

142

Page 52, line 36 [Clause 98], leave out from '(1)' to end of line 38 and insert 'or (1A)'.

Mr Secretary Milburn

143

Page 52, line 40 [Clause 98], at end insert—

'( )	the making of an order under section 25, or the varying or revocation of such an order'.

Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
Mr Elfyn Llwyd

Page 53, line 3 [Clause 98], at end insert—

'(5) The Service shall lay an annual report before Parliament dealing with its performance, staffing and all matters relating to the exercise of the functions bestowed upon it by this Act.'.

Mr Secretary Milburn

Page 65, line 41 [Clause 115], leave out subsection (2) and insert—

'( ) A person is not guilty of an offence under this section (other than one of distributing an advertisement or information, or causing it to be distributed, by electronic means) unless it is proved that he knew or had reason to suspect that section 114 applied to the advertisement or information.

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned'.