Adoption (Amendment
No. 3) Rules 2012
Made 15th March 2012
Coming into force in
accordance with Rule 5
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 18
of the Adoption (Jersey) Law 1961[1] and Article 69 of the Civil
Partnership (Jersey) Law 2012[2], has made the following Rules –
1 Interpretation
In these Rules
“principal Rules” means the Adoption Rules 1962[3].
2 Rule 16
amended
For Rule 16
of the principal Rules there shall be substituted the following
Rule –
(1) Subject
to paragraph (2), the Court shall not make an adoption order or an interim
order unless the applicant has attended personally before the Court.
(2) Where
the application is made jointly by 2 spouses, or jointly by two civil
partners, the Court may dispense with the personal attendance of one of the
applicants if the application is verified by a declaration made by that
applicant and attested by a person specified in Rule 6(2).”.
3 Schedule 1
amended
(1) The Forms in Schedule 1
to the principal Rules shall be amended in accordance with this Rule.
(2) In Form No. 1 –
(a) for paragraph 4
there shall be substituted the following paragraph –
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“4.
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I am unmarried/a
widow/widower/surviving civil partner/I am [married to] [civil partner of] …………..….
of …..………… / We are [married to]
[civil partners of] each other and are the persons to whom the attached
[marriage certificate (or other evidence of marriage)] [certificate of civil
partnership (or other evidence of the civil partnership] relates.”.
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(b) in paragraph 5
for the words “husband/wife” (in both places they appear) there
shall be substituted the words “[husband/wife] [civil partner]”;
(c) in paragraph 7
after the word “married” there shall be inserted the words
“or entered into a civil partnership”;
(d) in
footnote (3) –
(i) after the word
“spouse” there shall be inserted the words “or civil
partner”,
(ii) after the word
“spouses” there shall be inserted the words “or civil
partners”;
(e) in
footnote (4) after the word “wife” there shall be inserted the
words “or jointly by civil partners”.
(3) In
each of Form Nos. 8, 9 and 10 after the words “[and ...................,
that person’s wife or husband]” there shall be inserted the words
“[and ..................., that person’s civil partner]”.
4 Schedule 2
amended
In Schedule 2
to the principal Rules for sub-paragraph 1(e) there shall be substituted
the following sub-paragraph –
“(e) in the case of an application
by one only of 2 spouses, or one only of 2 civil partners, why the
other spouse or civil partner, as the case may be, does not join in the
application;”.
5 Citation
These Rules may
be cited as the Adoption (Amendment No. 3) Rules 2012 and shall come
into force immediately after Article 69 of the
Civil Partnership (Jersey) Law 2012[4] comes into force.
p. matthews
Deputy Judicial Greffier