Adoption (Amendment No. 3) (Jersey) Law 1995

Jersey Law 20/1995

 

ADOPTION (AMENDMENT No. 3) (JERSEY) LAW 1995

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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

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(Registered on the 4th day of August 1995)

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STATES OF JERSEY

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The 13th day of December 1994

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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”)1 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 Law2 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 Law3 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 scale4.”.

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.



1        Volume 1961–1962, page 365, and Volume 1963–1965, page 103.

2        Volume 1961–1962, page 366.

3        Volume 1961–1962, page 379.

4        Volume 1992–1993, page 437.


Page Last Updated: 27 Apr 2016