XN000022-1987-02-06 — Page 11

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FRIDAY, FEBRUARY 6, 1987

THE ADOPTION (AMENDMENT) BILL 1987 PROPOSES THAT WHERE ONE OF THE ADOPTIVE PARENTS IS A NATURAL PARENT OF THE INFANT, THE PRESCRIBED PRE-ADOPTION PERIOD SHOULD BE REDUCED FROM SIX MONTHS TO 13 WEEKS.

ANOTHER AMENDMENT IS THAT WHERE AN INFANT IS HOSPITALISED OR AT BOARDING SCHOOL, THE CONTINUOUS ACTUAL CUSTODY WITH THE ADOPTIVE PARENT SHALL NOT BE REGARDED AS BROKEN.

A GOVERNMENT SPOKESMAN SAID THAT THESE AMENDMENTS WERE NECESSARY AS THE EXISTING REQUIREMENTS WERE CONSIDERED TO BE TOO STRINGENT AND MORE PROTRACTED THAN DESIRABLE.

FURTHERMORE, TO AVOID THE DELAY AND UNCERTAINTY CAUSED BY VACILLATION ON THE PART OF THE NATURAL PARENTS IN SIGNING OVER AN INFANT, A NEW SECTION WILL BE INTRODUCED TO ENABLE THE DIRECTOR OF SOCIAL WELFARE, IF THE DIRECTOR IS THE LEGAL GUARDIAN OF AN INFANT OR IF THE INFANT IS IN THE DIRECTOR'S CARE, TO OBTAIN AN ORDER FROM A COURT FREEING THE INFANT FOR ADOPTION, WHEN THE CONSENT OF THE PARENT OR GUARDIAN CANNOT BE OBTAINED.

HOWEVER, THERE ARE PROVISIONS TO SAFEGUARD THE RIGHTS OF THE PARENT OR GUARDIAN, INCLUDING INFORMING PARTIES CONCERNED ABOUT THE DATE OF THE COURT HEARING AND A TIME FRAME FOR THEM TO APPLY TO THE COURT TO REVOKE THE ORDER.

ANOTHER PROPOSAL IS TO ENABLE RULES TO BE MADE UNDER WHICH THE DIRECTOR OF SOCIAL WELFARE MAY CONCEAL THE WHEREABOUTS OF AN INFANT IN RESPECT OF WHOM AN APPLICATION TO FREE THE CHILD FOR ADOPTION IS MADE.

THE SPOKESMAN NOTED THAT THIS WOULD NOT ONLY PROTECT THE INFANT FROM POSSIBLE PHYSICAL OR PSYCHOLOGICAL INTERFERENCE BUT IT WOULD ALSO MAINTAIN THE CONFIDENTIALITY OF THE APPLICANT IN THOSE FREQUENT CASES WHERE THE INFANT IN QUESTION IS ALREADY RESIDING WITH THE APPLICANT.

ON ADOPTION APPLICATIONS, THE BILL PROPOSES THAT ALL THE APPLICATIONS MUST BE COMMENCED IN THE DISTRICT COURT AND THAT SUCH APPLICATIONS MAY BE TRANSFERRED BY THE DISTRICT COURT TO THE HIGH COURT AT THE REQUEST OF ANY PARTY TO THE PROCEEDINGS OR ON THE MOTION OF THE DISTRICT JUDGE.

WHERE THE APPLICATION IS HEARD BY THE DISTRICT COURT, THAT COURT CAN, IN SUITABLE CASES, DISPENSE WITH THE ADOPTION CONSENT WITHOUT HAVING TO TRANSFER THE APPLICATION TO THE HIGH COURT FOR THAT PURPOSE.

ALSO, FOR THE AVOIDANCE OF DOUBT, A NEW SECTION IS INTRODUCED TO VALIDATE EXISTING ORDERS WHERE THE DISTRICT COURT HAS DISPENSED WITH THE ADOPTION CONSENT.

IT IS EXPECTED THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON FEBRUARY 18.

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