Member

This amendment would ensure that children born after conviction have the same level of protection as the Bill intends to provide to children born before the offender is sentenced. It would remove the offender’s eligibility for parental responsibility at birth but would preserve his ability to apply later to the family court, where the child’s best interests remain the test. The important point is that this would not leave it to the mother to have to apply to the family court herself, as would currently be the case. It is relevant to both Clauses 3 and 4, as a child may be conceived out of rape but may not be born until after the offender has been sentenced. The duty to notify the local authority under the proposed new Section 10F in Clause 4, under the current wording, does not apply to a child who has not yet been born.