Status of Children and Adoption of children Bills

unanimously approved in Parliament
The Status of Children Bill and Adoption of Children Bill of 2009, both forward looking pieces of legislations comprehensively addressing the welfare of the child, were yesterday unanimously approved by the National Assembly.

The bills piloted by Human Services and Social Security Minister Priya Manickchand had previously received the valuable input from the Special Select Committee of the National Assembly before their second reading .

Speaking on the Status of Children Bill, bill number five of 2009 which was presented first, Manickchand told the Honourable House that the legislation seeks to repeal and re-enact the provisions of the Children Born Out of Wedlock (Removal of Discrimination) Act of 1983.

The amended legislation, the minister pointed out will provide for presumption of parentage and parentage testing procedures, to affect reform of the law generally and for related purposes.

Manickchand said the amended Act which is reflective of thinking, needs and changes of the 21st century, was informed by the views of the people from a number consultations held as well as the input of several regional experts.

She explained that the bill aims to unequivocally bestow equal rights on all children irrespective of how they were conceived and is one of part five series of legislation, to address children’s issues.

That Act, the minister said will remove the discrimination of children born out of wed-lock, is in sync with the global changes that have occurred since 1983 and conforms to internationally established principles governing several prominent rights of the child organs.

She also noted that government is cognisant of the need to be vigilant in ensuring compliance with the provisions of the bill and emphasis will be channeled in this direction to make sure these become reality.

People’s National congress Reform (PNCR) Parliamentarian and Deputy Speaker of the National Assembly Clarissa Riehl also touted the Bill as a forward looking, 21st century piece of legislation.

Riehl said through the clear procedures of the Act, the many cases which were brought before the magistrate’s court and were put on a stand still; causing many children to be fatherless because of scant of evidence will now be dealt with.

This bill she hoped along with the Child Care Protection Bill and several other pieces of legislation in the pipe line will paved the way for the establishment of the family court, promised by the government.

Importantly too, Riehl said it will allow for the declaration of parents from other jurisdictions.

She pointed out too that the 1983 Act which was a revolutionary piece of legislation in the Caribbean has laudably paved the way for the removal of the words “bastard” and “illegitimate child” from the local vocabulary.

Alliance for Change Parliamentarian Latchmin Punalall and her colleague from the opposite side of the House, Mohamed Khan welcomed the amended Act but Khan expressed hope that the same amicable sprit of discussion will prevail when other matters of national interest is brought before the National Assembly.

Manickchand in winding-up the debate said that the government remains committed in the creation of a family court and efforts are apace in fulfilling this promise.

Adoption of Children Bill
The minister said that this bill which also amends the 1957 Act, allows for all children the right to be heard, paves the way for the establishment of agencies to handle child related matters and is in keeping with the People’s Progressive Party (PPP) 2006 Manifesto.

She reported that there are some 600 orphans today but the administration has a plan to address this matter. Manickchand said efforts will be made to re-integrate these children with their parents and those who cannot be re-integrated will have to be cared for through a foster care programme with standards conducive to healthy growth.

She disclosed that most cases of adoption in Guyana are family related, a few involving strangers as well as small number for the purpose of migration.

The minister also pointed out that the process of adoption now takes about two months as against 18 months previously.

Punalall lauded the bill and hoped that the members of the Adoption Board which will include an attorney-at-law, a retired social worker and five members with the skills, training or experience in child development, sociology and social work perform their work with due diligence.

PPP Parliamentarian Anil Nandalall remarked that the legislation is in keeping with the government’s thrust to reform and modernise laws to promote and protect the rights of children.

He underlined too that his party deeply embraces the philosophy of “investment in youth is investment in the future of the country”.

Nandalall said under the new legislation, attempts to falsely adopt a child will be treated as a criminal offence and persons over 65 years cannot adopt. He also said applicants should be at least 18 years older than the child and a child 14 years must assent to the adoption, a provision which was not included in the 1957 Act.

In addition, Nandalall pointed out that the Act permits the views of the parents whose child is being adopted to be taken into account and contended that overall, the bill is model legislation for other jurisdictions to emulate.
Riehl and PPP Member of Parliament, Shirley Edwards also spoke in support of the bill.

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