Oral Answers to Questions — India – in the House of Commons on 20th April 1944.
asked the Secretary of State for the Home Department whether he is aware that the property of an adopted child who dies under the age of 21 years, and therefore intestate, goes to the natural and not to the adopted parents; and whether he will introduce legislation to put an end to this anomaly.
The Tomlin Committee, on whose recommendation legal adoption was introduced into the law of this country by the Adoption of Children Act, 1926, gave careful consideration to the question whether the law of succession should be amended as regards adopted children, but decided at the time that this was not advisable. Experience has not revealed any strong case for amendment of the law and I should not feel justified in proposing legislation at the present time to deal with this matter.
Is the right hon. Gentleman aware that during the war a great many people, with adopted children, have invested in War Loans for the benefit of the children and that in the event of the death of such children this money would go to the natural parents and thus cause a grave injustice?
I agree that more than one view can be fairly held about this matter, but I do not think I should be justified in bringing legislation forward at this juncture.