Phil Prendergast (Labour)

I move amendment No. 39:

In page 31, line 4, after "them" to insert the following:

"(or either of them, if a failure by one only of the married couple to comply with this section would not seriously threaten the welfare of the child)".

As for amendment No. 39, the qualification on who is suitable to adopt places an unreasonable requirement on the applicants, stressing "each" instead of "either" in terms of their ability to parent. As for amendment No. 40, the tests set out in section 34 are in many respects inappropriate for an application by a parent or relative. For example, section 34(c) refers to means. Are we saying the unmarried father or mother of a child could not become an adopter because he or she had no money? Can we take the reference to age in section 34(b) to mean grandparents could not adopt a grandchild because of age? Clearly we have more sensitive tests that are required by parents or relatives as opposed to unconnected third parties.