Jersey Law 10/1965
ADOPTION (JERSEY) LAW, 1965
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A
LAW to provide for effect to be given to
certain adoption orders made outside the Island and for purposes connected
therewith, sanctioned by Order of Her Majesty in Council of the
4th day of MAY, 1965.
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(Registered
on the 25th day of June, 1965).
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STATES OF JERSEY.
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The 23rd day of February, 1965
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THE STATES,
subject to the sanction of Her Most Excellent Majesty in Council, have adopted
the following Law : -
ARTICLE
1
EXTENSION OF
ENACTMENTS REFERRING TO ADOPTION
(1) Any
provision, however expressed, in any enactment passed before the commencement
of this Law under which a person adopted in pursuance of an adoption order is
for any purpose treated as the child of the adopter, or any other relationship
is deduced by reference to such an order, shall have effect, as respects
anything done or any event occurring after the commencement of this Law, if it
extends only to adoptions in pursuance of orders made in the Island, as
extending also to adoptions in pursuance of orders made, whether before or
after the commencement of this Law, in the United Kingdom, the Isle of Man or
the Bailiwick of Guernsey, and paragraph (7) of Article 15 of the Adoption (Jersey)
Law, 1961, as amended (hereinafter referred to as
“the Law of 1961”), shall extend to any such order as is mentioned
in this paragraph.
(2) An
order authorizing adoption made outside the Island after the commencement of
this Law shall also have the same effect as an adoption order for the purposes
of paragraph (2) of Article 13 and Articles 14 and 20 of the Law of 1961, if the order is made in the United Kingdom,
the Isle of Man or the Bailiwick of Guernsey.
(3) Where
a person adopted in pursuance of an order made, whether before or after the
commencement of this Law, in the United Kingdom, the Isle of Man or the
Bailiwick of Guernsey has subsequently become a legitimated person, and the
order is then revoked, the revocation shall not affect the operation of Article
15 of the Law of 19611 as extended by paragraph (1) of
this Article in relation to an intestacy which occurred, or a disposition which
was made, before the revocation.
(4) Any
such provision as is mentioned in paragraph (1) of this Article which, by
virtue of paragraph (3) of Article 32 of the Law of 1961, applies in relation to orders under that
Article shall, as respects anything done after the commencement of this Law,
apply also in relation to similar orders made, whether before or after the
commencement of this Law, in the United Kingdom, the Isle of Man or the
Bailiwick of Guernsey, and shall be construed accordingly, and any such order
made after the commencement of this Law shall also have the same effect as an
adoption order for the purposes of the provisions mentioned in paragraph (2) of
this Article.
ARTICLE
2
EVIDENCE OF
ADOPTIONS ETC
Any document
which, under a provision of any enactment of the United Kingdom, the Isle of
Man or the Bailiwick of Guernsey corresponding to paragraph (2) of Article 16
of the Law of 1961, is receivable as evidence of any
matter in any part of the United Kingdom, the Isle of Man or the Bailiwick of
Guernsey, as the case may be, shall be so receivable in the Island.
ARTICLE
3
REGISTRATION OF
ADOPTIONS OUTSIDE JERSEY
(1) Where
the Superintendent-Registrar is notified by the authority maintaining a
register of adoptions in the United Kingdom, the Isle of Man or the Bailiwick
of Guernsey that an order has been made in that country authorizing the
adoption of an infant to whom an entry in the Registers of Births or the
Adopted Children Register relates, he shall cause the entry to be marked with
the words “Adopted” or “Re-adopted”, as the case may
require, followed by the name, in brackets, of the country in which the order
was made.
(2) Where,
after an entry has been so marked, the Superintendent-Registrar is notified as
aforesaid that the order has been quashed, that an appeal against the order has
been allowed or that the order has been revoked, he shall cause the marking to
be cancelled, and a copy or extract of an entry in any register, being an entry
the marking of which is cancelled under this paragraph, shall be deemed to be
an accurate copy or extract if and only if both the marking and the
cancellation are omitted therefrom.
(3) The
preceding provisions of this Article shall apply in relation to orders
corresponding to orders under Article 32 of the Law of 1961 as they apply in relation to orders
authorizing the adoption of an infant :
Provided that any
marking of an entry required by virtue of this paragraph shall consist of the
word “Provisionally” followed by the words mentioned in paragraph
(1) of this Article.
(4) Without
prejudice to paragraphs (2) and (3) of this Article, where, after an entry in
the Registers of Births has been marked in accordance with this Article, the
birth is re-registered under Article 17B of the “Loi (1842) sur
l’Etat Civil”, as amended, the
entry on the re-registration shall be marked in the like manner.
ARTICLE
4
SHORT TITLE AND
CONSTRUCTION
(1) This
Law may be cited as the Adoption (Jersey) Law,
1965, and shall be construed as one with the Law of 1961.
(2) This
Law and the Adoption (Jersey) Laws, 1961 and
1963, may be cited together as the Adoption (Jersey)
Laws, 1961 to 1965.
A.D. LE BROCQ,
Greffier of the
States.