Jersey Law
20/1995
ADOPTION
(AMENDMENT No. 3) (JERSEY) LAW 1995
____________
A LAW to
amend further the Adoption (Jersey) Laws 1961 and 1963, sanctioned by Order of
Her Majesty in Council of the
17th day of MAY 1995
____________
(Registered on the
4th day of August 1995)
____________
STATES OF JERSEY
____________
The 13th day of December 1994
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
ARTICLE 1
In paragraph (5)
of Article 1 of the Adoption (Jersey) Laws 1961 and 1963 (hereinafter referred
to as “the principal Law”) there shall be inserted at the end
the words “and in this paragraph ‘enactment’ includes an
enactment of the United Kingdom”.
ARTICLE 2
After Article 1
of the principal Law there shall be inserted the following headings and
Articles –
“The Adoption Service
ARTICLE 1A
Establishment of Adoption Service
(1) The
Committee shall establish and maintain in the Island a service designed to meet
the needs, in relation to adoption, of –
(a) infants who have been
or may be adopted;
(b) parents and guardians
of such infants; and
(c) persons who have
adopted or may adopt an infant,
and for that
purpose shall provide the facilities referred to in paragraph (2) of this
Article, or secure that they are provided by approved adoption societies.
(2) The
facilities to be provided as part of the service maintained under paragraph (1)
of this Article include –
(a) arrangements for
assessing infants and prospective adopters, and placing infants for adoption;
(b) counselling for persons
with problems relating to adoption.
(3) The
services maintained by the Committee under paragraph (1) of this Article may be
collectively referred to as “the Adoption Service”.
(4) In
paragraph (1) of this Article the reference to “approved adoption
societies” is a reference to an adoption society approved under the
Adoption Act 1976 (1976 c.36) of the United Kingdom and to that Committee of
the States of Guernsey with the responsibility for matters relating to the
adoption of infants.
Welfare of children
ARTICLE 1B
Duty to promote welfare of infant
In reaching any
decision relating to the adoption of infants the Court or the Committee shall
have regard to all the circumstances, first consideration being given to the
need to safeguard and promote the welfare of the infant throughout his
childhood, and shall, so far as practicable, ascertain the wishes and feelings
of the infant regarding the decision and give due consideration to them, having
regard to his age and understanding.
ARTICLE 1C
Religious upbringing of adopted child
The Committee
shall in placing an infant for adoption have regard, so far as is practicable,
to any wishes of an infant’s parents and guardians as to the religious
upbringing of the infant.
ARTICLE 1D
Duty to use approved adoption societies
(1) The
Committee shall, if it cannot place an infant for adoption in the Island or in
Guernsey, use approved adoption societies for such placement.
(2) In
paragraph (1) of this Article “approved adoption society” means an
adoption society approved under the Adoption Act 1976 (1976 c.36) of the United
Kingdom.
ARTICLE 1E
Restriction on arranging adoptions and placing of children
(1) A
person other than the Committee shall not make arrangements for the adoption of
an infant, or place an infant for adoption, unless –
(a) the proposed adopter is
a relative of the infant; or
(b) he is acting in
pursuance of an order of the Court.
(2) A
person who –
(a) takes part in the
management or control of a body of persons which exists wholly or partly for
the purpose of making arrangements for the adoption of infants;
(b) contravenes paragraph
(1) of this Article; or
(c) receives an infant
placed with him in contravention of paragraph (1) of this Article,
shall be guilty
of an offence and liable on conviction to imprisonment for a term not exceeding
three months or to a fine not exceeding level 3 on the standard scale or to
both.
(3) In
any proceedings for an offence under sub-paragraph (a) of paragraph (2) of this
Article, proof of things done or of words written, spoken or published (whether
or not in the presence of any party to the proceedings) by any person taking
part in the management or control of a body of persons, or in making
arrangements for the adoption of infants on behalf of the body, shall be
admissible as evidence of the purpose for which that body exists.”.
ARTICLE 3
After Article 3
of the principal Law there shall be inserted the
following heading –
“Freeing for adoption”
ARTICLE 4
For Articles 4 and
5 of the principal Law there shall be substituted the following Articles
–
“ARTICLE 4
Freeing infant for adoption
(1) Where,
on an application by the Committee the Court is satisfied in the case of each
parent or guardian of the infant that –
(a) he freely, and with
full understanding of what is involved, agrees generally and unconditionally to
the making of an adoption order; or
(b) his agreement to the
making of an adoption order should be dispensed with on a ground specified in
paragraph (2) of Article 5 of this Law,
the Court shall
make an order declaring the infant free for adoption.
(2) No
application shall be made under paragraph (1) of this Article unless –
(a) it is made with the
consent of a parent or guardian of an infant; or
(b) the Committee is
applying for dispensation under sub-paragraph (b) of paragraph (1) of this
Article of the agreement of each parent or guardian of the infant, and the
infant is in the care of the Committee.
(3) No
agreement required under sub-paragraph (a) of paragraph (1) of this Article
shall be dispensed with under sub-paragraph (b) of paragraph (1) of this
Article unless the infant is already placed for adoption or the Court is
satisfied that it is likely that the infant will be placed for adoption.
(4) An
agreement by the mother of the infant is ineffective for the purposes of this
Article if given less than six weeks after the infant’s birth.
(5) On
the making of an order under this Article all rights, duties, obligations and
liabilities of the parents or guardian of the infant are given to the
Committee.
(6) Before
making an order under this Article, the Court shall satisfy itself, in relation
to each parent or guardian of the infant who can be found, that he has been
given an opportunity of making, if he so wishes, a declaration that he prefers
not to be involved in future questions concerning the adoption of the infant,
and any such declaration shall be recorded by the Court.
ARTICLE 5
Parental agreement
(1) An
adoption order shall not be made unless in the case of each parent or guardian
of the infant the Court is satisfied that –
(a) he freely, and with
full understanding of what is involved, agrees unconditionally to the making of
an adoption order, whether or not he knows the identity of the applicants; or
(b) his agreement to the
making of the adoption order should be dispensed with on a ground specified in
paragraph (2) of this Article.
(2) The
grounds mentioned in sub-paragraph (b) of paragraph (1) of this Article are
that the parent or guardian –
(a) cannot be found or is
incapable of giving agreement;
(b) is withholding his
agreement unreasonably;
(c) has persistently failed
without reasonable cause to exercise his rights, duties, obligations and
liabilities as a parent or guardian in respect of the infant;
(d) has abandoned or
neglected the infant;
(e) subject to paragraph
(4) of this Article has persistently ill-treated the infant;
(f) has seriously
ill-treated the infant;
(g) is incapable of caring
for the infant or is of such habits or mode of life as to be unfit to have the
care of the infant.
(3) Agreement
is ineffective for the purposes of sub-paragraph (a) of paragraph (1) of this
Article if given by the mother less than six weeks after the infant’s
birth.
(4) Sub-paragraph
(e) of paragraph (2) of this Article does not apply unless because of the
ill-treatment or for other reasons, the rehabilitation of the infant within the
household of the parent, or guardian is unlikely.
(5) Where
there has been a finding by a court of competent jurisdiction as to any grounds
specified in sub-paragraph (c), (d), (e), (f) or (g) of paragraph (2) of this
Article in the course of earlier proceedings to which the parent or guardian
was given the opportunity of being a party, that finding shall be sufficient
but not conclusive evidence of those grounds.”.
ARTICLE 5
After Article 18
of the principal Law there shall be inserted the following Article –
“ARTICLE 18A
Adoption Contact Register
(1) In
this Article –
(a) “relative”
means any person, other than an adoptive relative, who is related to the
adopted person by blood or marriage; and
(b) “address”
includes any address at or through which the person concerned may be contacted.
(2) The
Superintendent Registrar shall maintain at his Office a register to be called
the Adoption Contact register.
(3) The
register shall be in two parts –
(a) Part I: Adopted
Persons; and
(b) Part II: Relatives.
(4) The
Superintendent Registrar shall, on payment of such fee as may be prescribed,
enter in Part I of the register the name and address of any adopted person who
fulfils the conditions set out in paragraph (5) of this Article and who gives
notice that he wishes to contact any relative of his.
(5) The
conditions referred to in paragraph (4) of this Article are that –
(a) a record of the adopted
person’s birth is kept by the Superintendent Registrar; and
(b) the adopted person has
attained the age of eighteen years and –
(i) has been supplied
by the Superintendent Registrar with information under Article 20A of this Law;
or
(ii) has satisfied the
Superintendent Registrar that he has such information as is necessary to enable
him to obtain a certified copy of the record of his birth.
(6) The
Superintendent Registrar shall, on payment of such fee as may be prescribed,
enter in Part II of the register the name and address of any person who fulfils
the conditions set out in paragraph (7) of this Article and who gives notice
that he wishes to contact an adopted person.
(7) The
conditions referred to in paragraph (6) of this Article are that –
(a) a record of the adopted
person’s birth is kept by the Superintendent Registrar; and
(b) the person giving
notice under paragraph (6) of this Article has attained the age of eighteen
years and has satisfied the Superintendent Registrar that –
(i) he is a relative
of the adopted person; and
(ii) he has such information
as is necessary to enable him to obtain a certified copy of the record of the
adopted person’s birth.
(8) The
Superintendent Registrar shall, on receiving notice from any person named in an
entry in the register that he wishes the entry to be cancelled, cancel the
entry.
(9) Any
notice given under this Article shall be in such form as may be determined by
the Superintendent Registrar.
(10) The
Superintendent Registrar shall transmit to an adopted person whose name is
entered in Part I of the register the name and address of any relative in
respect of whom there is an entry in Part II of the register.
(11) Any
entry cancelled under paragraph (8) of this Article ceases from the time of
cancellation to be an entry for the purposes of paragraph (10) of this Article.
(12) The
register shall not be open to public inspection or search and the
Superintendent Registrar shall not supply any person with information entered
in the register whether in an uncancelled or a cancelled entry except in
accordance with this Article.
(13) The
register may be kept by means of a computer.”.
ARTICLE 6
After Article 20
of the principal Law there shall be inserted the
following heading and Article –
“Disclosure of birth records
ARTICLE 20A
Disclosure of birth records of adopted infants
(1) Subject
to this Article, the Superintendent Registrar shall on an application made in
the prescribed manner by an adopted person a record of whose birth is kept by
the Superintendent Registrar and who has attained the age of eighteen years
supply to that person on payment of such fee as may be prescribed such
information as is necessary to enable that person to obtain a certified copy of
the record of his birth.
(2) On
an application made in the prescribed manner by an adopted person under the age
of eighteen years, a record of whose birth is kept by the Superintendent
Registrar and who is intending to be married in the Island, and on payment of
such fee as may be prescribed the Superintendent Registrar shall inform the
applicant whether or not it appears from information contained in the registers
of live births or other records that the applicant and the person whom he
intends to marry may be within the prohibited degrees of relationship for the
purposes of the Marriage (Prohibited Degrees of Relationship) (Jersey) Law
1949.
(3) Before
supplying any information to an applicant under paragraph (1) of this Article,
the Superintendent Registrar shall inform the applicant that counselling services
are available to him from the Committee.
(4) Where
an adopted person applies for information under paragraph (1) of this Article
–
(a) it shall be the duty of
the Committee to provide counselling services for that person if asked by him
to do so; and
(b) the Superintendent
Registrar shall not supply the information unless the adopted person has
attended an interview with a counsellor arranged by the Committee.”.
ARTICLE 7
In –
(a) paragraph (2) of
Article 28;
(b) paragraph (2) of
Article 30; and
(c) paragraph (1) of
Article 31,
of the principal
Law, for the words “one hundred pounds” there shall be substituted
the words “level 4 on the standard scale.”.
ARTICLE 8
(1) This
Law may be cited as the Adoption (Amendment No. 3) (Jersey) Law 1995 and this
Law and the principal Law may together be cited as the Adoption (Jersey) Laws
1961 and 1995.
(2) This
Law shall come into force on such day as the States may by Act appoint and
different days may be appointed for different purposes.
G.H.C. COPPOCK
Greffier of the
States.