Chapter 1: Amendment Three-Hundred and Ninety-Four
Amendment three-hundred and ninety-four under the International Statute of Secrecy, Clause Thirty-Seven, Ministry of Magic United Kingdom and Ireland. Proposed by Lord Abraxas Malfoy, Esteemed Leader of the Opposition, Seconded by Lord Orion Black.
As of the date that the Law goes into effect, all Muggleborn children shall be removed from their families and blood adopted by wizarding ones. Newborn and infant children shall be removed from their muggle parents by the Department of Child Protective and Wellness Services, here forth referred to as the DCPWS. If possible, a squib child shall replace them. If not available or no likely match can be made the parents will be obliviated with the compulsion to try for a new child. The DCPWS shall have an identical copy of Hogwarts Book of Names. This will include the addition of three levels of magical ability expected by the child, and current blood status, from this day forward. The DCPWS will have the ability to instantly find newborn squib children as soon as they are registered via St. Mungo's, or by birth certificate created by the Ministry. For older children already at Hogwarts, or of age for other wizarding schools, shall be blood adopted after an agreement between the child and the adopting family. Children born in a half-blood home, where in one is a witch or wizard and the other is a muggle, will be assessed for determination of removal.
If removal is determined based on environment of the home, the wizarding parent will remain with full capacity of their memories, and with constitutional visitational rights. If it is the wizarding parent that is the cause of an unfit home environment, they shall be treated as if they were also a muggle. This shall include possible fines, up to ten years in Azkaban prison, prior to the removal of their memories of the child. If the severity of the crimes against said child or children is great enough their wand can be snapped and removal of all memories of the Wizarding World, and their powers can be stripped. If this is the outcome of the sentencing hearing, said wizarding folk shall have mind healers replace most, if not all memories, ultimately rewriting their personality to one that can function in muggle society.
All attempts shall be made to prove that the wizarding parent is innocent before being proven guilty. They will receive a full Wizangamot trial, a two thirds majority must be established. If a two thirds majority cannot be established at the time, the representatives of both the state, and defense shall have one year to find additional evidence of past crimes. The child of said wizarding parent shall be removed from the home for their protection. Should said child already be of Hogwarts age, they will become wards of the state, and the Wizengamot will determine if parental visitation rights will be granted.
This law applies not only to witches and wizards, but also squibs. Members of the wizarding public that are not in constant contact, or direct parental figures, shall have all memories removed of the child in the event of a guilty verdict. A member of the wizarding population that has been placed in the role of a parental figure, such as a grandparent, or member of the extended family, shall be referred to as a parental figure hence forth. Godparents shall retain only guardianship of the child and will have all rights stripped in the event of mistreatment.
In regard to guardianship, wills will take priority over blood family in the event of the death or incapacitation of a parental figure for the child. Unfit guardians shall include those who are not capable of caring for the child twenty-four seven. This shall include ghosts, as they are non-corporeal entities, and cannot give the child proper affection and comfort. Parental figures who suffer from disabilities that affect their day to day lives. This includes but is not limited to persons unable to take care of their own person. Severe movement impaired, blind, deaf, dumb, recent detainees from Azkaban, and those suffering from mental health concerns. In the event of mental health issues, a member of the DCPWS shall evaluate the adult for no less than one full lunar cycle. In the event that longer evaluation is required, up to two years or twenty-four lunar cycles will be granted for evaluation. The standard in extended evaluation will be six months, or lunar cycles, for the parental figure, and home environment.
Werecreatures, as they are unsafe three days out of the month to be in contact with those who are not infected, shall be treated as if they suffer from a disability. A parental figure who is exposed to the curse of lycanthropy, at any time during the child's upbringing, will be removed from the home, or child's presence, but will have parental visitation rights for the last five days of the lunar cycle, the three days of a new moon, and five days of the beginning of the lunar cycle. Purposeful exposure of any family, or household members by the lycanthrope, shall result in immediate termination of the offending lycanthropes life. They will not be given any additional time to prove guilt or innocence, as lycanthropy is contagious to most beings as well as members of the wizarding public. As of the writing of this bill, all attempts are being made to find a cure for the curse of lycanthropy. Should a cure be developed intentional and forceful turning of a child into a lycanthrope will allow for the injured party to receive the cure, and all memories of being a lycanthrope shall be removed. Unless it is found that the child has purposefully infected others in the attempt to establish a pack, at which time the child shall be tried as an adult and face maximum sentencing.
Teachers or other professionals that are in violation to this law will undergo long term mental healing from a qualified and board approved mind healer which will be assigned to them. Willful ignorance, bending, or outright breaking of this law will be punishable as if the professional is a parental figure. This will include, but is not limited to, dismissal from position regardless of standing within the wizarding world. Notification of said crimes to all nations within the wizarding world, regardless of Wizengamot ruling. Along with removal of ability to seek future employment within a career that shall expose said party to children no less than seventeen years of age. Those acquitted of said crimes shall be monitored for no less than ten years after the sentencing trial.
Clause Zed: Magically sealed by all current members of the Wizengamot, the Goblin Nation, otherwise referred to as The Nation, the combined Centaur Herds of magical Britain, and home nation of Greece. In the event of death of any sealing member, all magical power from the member in their prime shall enforce this document in perpetuity.
**Further amendments of this law shall not be allowed to modify punishments to ones that are less strict than this first amendment.**
~ooOoo~
September 24, 1979
"Quiet!" Dumbledore as Chief Warlock called the Wizangamot back to order they had gone from a friendly debate to an outright verbal brawl. "Now Lord Malfoy you still have the floor, please continue. Also, anymore outbursts from the esteem members and I shall have to call you in contempt."
There were a few murmurs from the crowd. Madam Bagnold, the Minister of Magic looked to her undersecretary and scribe. "Jot down names of those who wish to argue please. Even if Dumbledore does not wish to hold them in contempt, I want to know who they are." She whispered.
"Members of the Wizengamot, Minister, Senior Undersecretary, Chief Warlock, Esteemed Head of Magical Law Enforcement," Abraxas Malfoy nodded to each as he called on them. "We have been debating this for some time now and while Clause 73 does allow for us to choose how we uphold the statute, the proposed Amendment 394, is quite similar to those used by many other countries. I have spoken with several members of the ICW. They as well have agreed to bring this same amendment to their respective bodies.
"We feel that by separating Muggleborns into a new category of New-Bloods and removing them from a muggle home as soon as they present magic, will help separate the Magical and Muggle worlds far better than we have currently. As it stands obliviator teams have a constant workload for accidental magic. The head of the department has stated several times, in these very chambers, that they cannot keep up the demands and must delegate some cases to the auror department."
Abraxas paused, looking to his son in the Ancestral Malfoy seat. He knew that this would have a drastic change on their society, but it was a necessary step. One that should have been undertaken at the establishment of the Statute of Secrecy. He glanced at the senior members of the court, looking each in the eye.
"Many of you sitting in either an ancestral seat, or an elected seat have spoken about some of the recent dangers posed to us. Muggle society has been on the brink of war since the defeat of Grindelwald. I know that our Chief Warlock would prefer a much more open understanding between our two societies. However, the damage done to Muggleborns brought into our society at the age of eleven does not help them acclimate to our society and world. Many if not all do not know our customs, our lifestyles, even how to navigate in our worlds after graduation."
"This amendment will help remove some of the stigma, remove some of the prejudices that even our oldest families cling to. Chief Warlock, Minister, when even House Black agrees that this is a necessary and positive step forward into a more modern era, how can you deny that this will make us stronger.
"We need new blood injected into our society. Many families, my own included, have issues even having children. Many would eagerly raise a New-Blood child as their own. My son who sits here with you today has suffered many losses in his marriage. Both he and his wife wish to have a blood adoption, but the way that the law currently stands prevents this.
"Please think upon our future and what this could mean to us. The opposition rests." Abraxas returned to his seat. As the Leader of the Opposition, within the Wizengamot, he had been fighting for this law's ratification for the last eight months. It was to have come to a vote last month, but arguments remained. Dumbledore, and his 'Order' had filibustered for weeks. It was only thanks to the Weasleys, and Lord Black to bring an end to that. He did not care for either Sirius, or Arthur, but both at least understood the value that this would bring.
"Very well then," Albus accepted with a quiet accent to the argument facing him. He knew that muggle weapons would have easily collapsed their society. His desire to rule muggles was still a goal, but if the majority of the court wished for the amendment to pass, he would allow it. "Are there any final counter arguments?" His voice was quiet but carried through the chambers with the power of a great mage behind his words.
To his astonishment Sirius Black, loyal member of the Order of the Phoenix, and current political leader of the Sacred Twenty-Eight, since his father's passing two years ago, stood. "Members of the Wizengamot, my brother and I have debated this very amendment privately and have conferred with the other Lords and Ladies." He paused gave his signature smile, "even my mother is in favor of this law."
A loud chorus of laughter came from other members. "We wish to call this to a vote. You have all had ample time to read over the proposed amendment, this should have come to a vote some time ago as the Esteemed Leader of the Opposition has stated often and quite loudly not only in these chambers but to any who would listen."
Again, the room erupted into fits of laughter. Dumbledore had to call the room to order, and he gave a sharp look at the young man. Sirius was not following the commands that he was given. 'If he keeps acting this way, I will have to imperious him yet again. Perhaps this is his mind reacting to previous tampering. Hmm, I shall have to think this over more. See if any of the other Headmasters have studied this. Dilys knows quite more than she says about the healing and physical arts. Even Pomphrey might know something. I shall have to uncover whatever secrets of the mind that she was taught.'
"Esteemed members of the Wizengamot, this is already law in the United States. Therefore, there is precedent for a larger, more progressive magical society with Amendment Three-hundred and Ninety-Four." Sirius continued, ignoring the glare he was being given.
Albus finally nodded as the young lord took his seat. "Very well. We shall call a recess. We will reconvene at ten am tomorrow morning. The ballot boxes shall remain in the council chambers until midnight tonight and will have wards provided by the auror department and Gringotts to prevent ballot tampering. As it is now approaching the lunch hour we are adjourned. Enjoy the rest of your day." Dumbledore stood, quickly followed by all the other members, and walked out. Most knew that Dumbledore was against this bill from the start, however, the elder mage never gave any reasons beyond it being unnatural to take a child away from their natural parents even if they were muggles.
Abraxas walked over to his son, who was speaking with the Black brothers, and Lord Prince, Severus Snape. While he did not care for the elder brother, Sirius, Regulus was like a second son to him, as was Severus. "Gentlemen, thank you for your support of this. Once this passes you will be able to continue your lines though blood adoption if you so desire, since neither of you seem interested in taking a wife." He looked at Sirius with mild distain. The man was a notorious heartbreaker, who was known to routinely have a new witch or wizard of the month. Abraxas thought this was unseemly of the now head of House Black. If his father were still alive it would be acceptable, however, now he needed to curtail his skirt-chasing ways. "I look forward to seeing the children that you bring into the family. Both my beloved Lady Wife and I cannot wait to spoil our new grandchildren. Shall we Go get Lunch, my treat."
The young Lords smiled at this, "Only if you are also paying for the drinks," Sirius said with a smile.
"Of course." He shook his head, if there was something Sirius loved more than the thrill of the chase it was alcohol. "While we cannot celebrate just yet, we can rejoice the fact that the debate is finally over. Come I found a new restaurant just off Diagon. It is in the muggle world, so perhaps changing, or at least transfiguring, your clothes is appropriate. It is less posh than some of the restaurants that we go to, but we can hit the American Bar for afters."
The young men agreed and the five of them left to change and cast their ballots. "Snape," Sirius tried not to growl his former rivals name out, "Please tell me you have some sobering draughts on you."
Severus just lifted his eyebrow at Sirius. "Obviously," he said trying to ignore Sirius's provocation. The man had been a thorn in his side since the beginning of their Hogwarts years, however, for the sake of Regulus, both had come to an unspoken truce by the end of sixth year. James, and Remus had come around soon after.
James may not have liked the direction of the law, but he personally knew the devastation that constant attempts for a child had done to his family. His father asked him to strongly consider this when Lucius had brought up the possible law to him. If not for his own sake in the future, but for his mother and so no one would have to suffer through one heartbreak after another when they proved to be incapable of having their own biological children. He knew she had always wanted a daughter; he saw how many families that had managed to have a child, and then found that any future attempts proved to be emotionally devastating, or even deadly after a failed pregnancy.
His thoughts often trailed to the number of attempts that he and Lily had had, and the measures that they were taking for a child of their own. If this had been an option before, they would have considered it. They were still trying to conceive, and it was his fault, at least physically. He was determined to give Lily, and his parents their dream of a large family. He did not care how many children they had as long as she was happy, and his parents stopped pestering him about needing grandchildren to spoil and return to him when they got too rambunctious.
Lucius's own mother had taken her life when repeated miscarriages had proven to much. So, he asked both of his father to help him, and along with the others, brainstorm ideas for the proposed law. Narcissa cried and had hugged him when she read their final draft. She had hoped that their parents would be the last to have this issue. They had just become pregnant for the fifth time since marrying, and he prayed every night to whichever god was listening that they were able to keep this one. They could not take another loss.
James and Sirius had put their heads together and with Lily's help they began studying muggle genetics. While they had trouble finding anything more promising beyond issues like infertility rates, and other barriers that needed to be overcome with muggle families, there were old wives tales saying that once a couple stopped trying to have children they had a higher rate of having their own biological child.
Quite a few of these so-called old wives' tales seemed to come from witches and squibs in the family, as he could find little evidence of them having actual tails. Lily had hit him repeatedly when he mentioned this to her. For a week afterwards, she kept mumbling about her aunt being an old wife. Her aunt had given similar random pieces of advice to Lily's mother. James had gotten used to this now, and he would cringe away from his wife when she started muttering a phrase over and over. It always seemed that Lily shortly afterwards would hit him or use him as a training dummy for random spells that she was trying to create, she would also throw things in his things in his direction.
Sirius on the other hand liked the idea of people like his Pureblood supremacist mother and uncle having to accept children of muggles into their family. He viewed it as an ultimate act of rebellion. He was shocked when his aunt had privately thanked him for his part in creating this. He told her that he just wanted to see less insanity in families like her own had produced.
He was hexed for this so hard that he could not leave his bedroom for a month. He had trouble putting on pants because of the pain that he felt. Lily had mentioned something about a muggle infection that the pain in his drawers mimicked. Although with the loss of his family jewels for that moth was more to his aunt's style. His cousins had followed up with curses of their own. He was not sure what Bellatrix's had accomplished; however, Andy's had left him unable to feel any arousal at all. It hadn't been limited to sex either, he lost all types of arousal. His meals that month tasted like paste. His father, Abraxas, even his uncle was happy with how little he ended up spending on alcohol, clothing, and women that month. Now they teased him relentlessly on his new lust for life.
It was only after he apologized to his aunt and his cousins that Andy and his aunt's curses wore off. Narcissa's was slowly wearing off, and that one had proven the most embarrassing of them all so far. He had not told anyone what it had done, and still refused to speak of the nightmares that he had suffered. Along with the repeated feeling of what a woman went through monthly, but daily for him. He had quickly learned the private pain that the loss of a child gave any parent. His mother had even hexed him, however, that one was similar to the normal things that she had done in the past, so he was used to random objects flying at his head whenever he was near her. After all of this, he learned very quickly that this was no laughing matter, or even appropriate to joke about.
Once the four had changed and voted, they met Abraxas in the antechamber of courtroom ten. Most of the other members had already left, only a few remained waiting for their turn to vote.
"Well shall we boys," Abraxas said with a smile. "Let us go try this Andy's Taverna. I have heard nothing but rave reviews."
"Wait is it Greek," Severus questioned, looking slightly ill at the prospect.
"Of course, it is Snape," Sirius was excited, he had been there a few times and was now looking forward to it. "Bring on the ouzo."
Severus just shook his head and hoped that he didn't run into his father. He knew that Tobias supplied several restaurants in the area with the freshest fish money could buy. His father had access to a portkey thanks to the Laconice family and routinely had to work with the head of house Lionede. With Severus's luck this would be one of them and there would be an awkward conversation between father and son.
The others just laughed at Sirius's antics, not noticing Severus's apprehension. Abraxas showed them the address and they apparated once they hit the designated apparition spot.
~ooOoo~
"The count is seventy-four, against nine. Amendment Three-Hundred and Ninety-Four passes," Dumbledor said with a growl. "Court is now adjourned. I shall see you all in two weeks, where hopefully we can put this all behind us." Dumbledore quickly left courtroom ten for Hogwarts, he had a lot to do before handing over a copy of the book of names to the ministries newly created department of Child Protection and Safety Services, or whatever it was called.
With the celebration of the overwhelming vote, only three men watched as Dumbledore left. Even the members of the press, who had attended, missed his escape. Abraxas nodded to Severus before turning around and nodding to the gentleman at the back of the courtroom. Tom smiled at the acknowledgement and slipped out the door himself, hoping that his glamour held until he could escape the Ministry.
"Well, it looks like the party is on me this evening," Abraxas said with a pleased smile. "Sirius, if you try to break my vault at the American Bar, I will tell Gringotts to reimburse me. I do not think my daughter-in-law wants you to take her inheritance and trust from her." The group of men laughed at that, before heading out to celebrate. He even included several of Sirius's friends, whom he generally did not approve of, but this was a chance for a brighter future for all of them.