WEDNESDAY, FEBRUARY 18, 1987
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ADOPTION PROCEDURES TO BE STREAMLINED
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THE ADOPTION (AMENDMENT) BILL 1987 SEEKS TO IMPROVE AND STREAMLINE EXISTING ADOPTION PROCEDURES AND DEFINE THE CIRCUMSTANCES IN WHICH ADOPTION APPLICATIONS HEARD IN THE DISTRICT COURT BE TRANSFERRED TO THE HIGH COURT, THE SECRETARY FOR HEALTH AND WELFARE, THE HON JOHN CHAMBERS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE BILL, MR CHAMBERS SAID THAT UNDER THE EXISTING ORDINANCE THERE WAS SOME DOUBT WHETHER IT WAS LEGALLY CORRECT FOR THE DISTRICT COURT TO CONTINUE HEARING AN ADOPTION APPLICATION IF THE CHILD'S PARENT OR GUARDIAN FAILED TO GIVE CONSENT TO THE MAKING OF AN ADOPTION ORDER OR IF ANY INTERESTED PERSON OBJECTED TO AN ORDER BEING MADE.
+CLAUSE 2 OF THE BILL REMOVES ANY POSSIBLE AMBIGUITY ON THIS POINT BY SETTING OUT CLEARLY THE CIRCUMSTANCES IN WHICH A HEARING MAY BE TRANSFERRED FROM THE DISTRICT COURT TO THE HIGH COURT,+
HE SAID.
REFERRING TO THE STATUTORY ADOPTION PROCEDURE, MR CHAMBERS SAID THERE WERE TWO REQUIREMENTS WHICH TENDED TO MAKE THE PROCEDURE MORE PROTRACTED THAN WAS DESIRABLE OR NECESSARY.
FIRST, WHERE ONE OF THE ADOPTIVE PARENTS WAS THE CHILD'S NATURAL PARENT, IT WAS TOO STRINGENT UNDER THE PRESENT TO REQUIRE AN INFANT TO HAVE BEEN IN THEIR CONTINUOUS CARE AND POSSESSION FOR AT LEAST SIX CONSECUTIVE MONTHS BEFORE THE MAKING OF THE ADOPTION ORDER.
HE SAID IT WAS THEREFORE PROPOSED IN CLAUSE 3 OF THE BILL THAT THE REQUIRED PERIOD BE REDUCED FROM SIX MONTHS TO 13 WEEKS CONTINUOUS ACTUAL CUSTODY UNDER SUCH CIRCUMSTANCES.
+ THE PERIOD IS NOT REGARDED AS BROKEN WHEN A CHILD GOES INTO HOSPITAL OR TO A BOARDING-SCHOOL.+
AS REGARDS THE SECOND REQUIREMENT, MR CHAMBERS SAID UNDER EXISTING ORDINANCE AN INFANT UNDER THE GUARDIANSHIP OF THE DIRECTOR OF SOCIAL WELFARE WAS NOT FREE FOR ADOPTION UNTIL THE CONSENT OF ANYONE WHO WAS A PARENT OR GUARDIAN HAD BEEN OBTAINED.
+HOWEVER, THIS CONSENT CAN BE REVOKED WITHIN A PERIOD OF THREE MONTHS OR WITH THE LEAVE OF THE COURT AFTER THAT PERIOD, IF THE PARENT GIVES A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF SOCIAL WELFARE,+ HE ADDED.
IN CIRCUMSTANCES