Adoption
Rules 1962[1]
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 18 of the Adoption (Jersey) Law 1961[2], and of all other powers enabling it in this
behalf, has made the following Rules –
Commencement [see
endnotes]
1 Interpretation
(1) In
these Rules, unless the context otherwise requires –
“adoption order” includes a provisional
adoption order within the meaning of Article 41 of the Law;
“interim order” means an interim order made
under Article 17 of the Law;
“Law” means the Adoption (Jersey) Law 1961;[3]
“Minister” means the
Minister for Health and Social Services.
(2) In
these Rules a form referred to by number means the form so numbered in Schedule
1 to these Rules or a form to the like effect, and any such form may be used
with such variations as the circumstances may require.
2-6 Commencement
of proceedings
2
(1) An
application for an adoption order shall be made by filing in the Judicial
Greffe an application in Form 1.
(2) The
proposed adopter shall be the applicant and the persons mentioned in Rule 13
shall be the respondents.
(3) Save
as provided in Rule 10 no person shall be served with a copy of the
application.
(4) The
notice to be served on every respondent shall be in Form 2 and a copy shall be
served on the guardian ad litem.
(5) A
note of service or non-service shall be indorsed on a copy of Form 2.
3
If any person proposing to apply
for an adoption order desires that his or her identity be kept confidential, he
or she may, before filing an application, apply to the Judicial Greffier for a
serial number to be assigned to him or her for the purposes of the proposed
application, and the Judicial Greffier shall assign a number to him or her
accordingly.
4
Except where the applicant or one
of the applicants is the mother or father of the infant or the infant has
reached the upper limit of the compulsory school age, every applicant for an
adoption order shall file with his or her application a certificate of a
registered medical practitioner as to his or her health; and, if the applicant
so desires, Form 3 may be used for the purposes of such certificate.
5
(1) Any
report on the health of the infant which is to be used for the purposes of an
application for an adoption order shall be filed with the application.
(2) The
report may, if the applicant so desires, be in Form 4.
6
(1) Any
document signifying the consent of any person to the making of an adoption order
for the purposes of Article 14 of the Law shall be in Form 5 and, if
executed before the commencement of the proceedings, shall be filed with the
application.
(2) The
document shall be deemed to be sufficiently attested for the purposes of Article 14(1)
if it is attested by one witness, and such witness shall be –
(a) if the document is executed in Jersey –
a Jurat of the Royal Court; an
advocate or solicitor of the Royal Court; a notary public; or an officer of an
administration for which the Minister is assigned responsibility;
(b) in any other case –
any person for the time being
authorized by law in the place where the document is executed to administer an
oath for any judicial or other legal purpose; a British consular officer; a
notary public; or, if the person executing the document is serving in any of
the regular armed forces of the Crown, an officer holding a commission in any
of those forces.
7 Previous
proceedings
If it appears that the applicant
has previously made an application for an adoption order in respect of the same
infant and that the Court, after having heard the case, dismissed the
application on its merits, the guardian ad litem
shall bring the matter to the attention of the Court and the application shall
not be proceeded with unless the Court is satisfied that there has been a
substantial change in the circumstances since the previous application.
8-10 Appointment
of guardian ad litem
8
Subject to the provisions of Rule
9, the Minister shall, if he or she consents, be the guardian ad litem of the infant for the purposes of the
application:
Provided that if the Minister has
taken part in the arrangements for the adoption of the infant, the senior
probation officer shall, if that officer consents, be the guardian ad litem.[4]
9
(1) If
the applicant desires that some body or person other than the Minister or the
senior probation officer should be appointed to act as guardian ad litem, his or her application for an adoption order
must ask for the appointment of a guardian ad litem
and must be supported by an affidavit by him or her stating the facts.
(2) If
neither the Minister nor the senior probation officer consents to act as
guardian ad litem, or if the applicant asks for
the appointment of a guardian ad litem, the
Court may appoint any suitably qualified body or person as guardian ad litem.[5]
10
The Judicial Greffier shall, as
soon as practicable after the filing of an application for an adoption order,
serve on the guardian ad litem a copy of the
application together with the documents attached thereto.
11 Duties
of the guardian ad litem
(1) With
a view to safeguarding the interests of the infant before the Court the
guardian ad litem shall, so far as is
reasonably practicable –
(a) investigate all circumstances relevant to
the proposed adoption, including the matters alleged in the application and
those specified in Schedule 2; and
(b) perform such other duties as are specified
in Schedule 2 or as the Court may direct.
(2) On
completing the investigations the guardian ad litem
shall make a confidential report in writing to the Court.[6]
(3) With
a view to obtaining the directions of the Court on any particular matter the
guardian ad litem may at any time make such
interim report to the Court as appears to him or her to be necessary.
12-22 Hearing
of the application
12
When the guardian ad litem has made the report to the Court pursuant to
Rule 11(2), the Judicial Greffier, after giving such directions (if any) as the
Judicial Greffier thinks necessary, shall fix a date for the hearing of the
application by the Court.[7]
13
When a date for the hearing of the
application has been fixed, the Judicial Greffier shall serve a notice in Form
2 on the following persons –
(a) every
person, not being an applicant, whose consent to the making of the order is
required under Article 12(2) of the Law;
(b) any
person having the rights and powers of a parent of the infant by virtue of any
enactment;
(c) any
person liable by virtue of any order or agreement to contribute to the
maintenance of the infant;
(d) the
Minister, if he or she is not the guardian ad litem
of the infant and the applicant has given notice of his or her intention to
apply for an adoption order under Article 15(2) of the Law;
(e) any
administration of the States, parochial authority or person named in the
application or in a form of consent as having taken part in the arrangements
for the adoption of the infant;
(f) any
other person, not being the infant, who in the opinion of the Court ought to be
served with notice of the hearing of the application,
and any person upon whom a notice
is required to be served under this Rule shall be a respondent to the
application and may attend and be heard at the hearing on the question whether
an adoption order should be made.[8]
14
Where the guardian ad litem is of opinion that the infant is able to
understand the nature of an adoption order, he or she shall serve on the
applicant a notice in Form 6.
15
An administration of the States,
parochial authority or other body may act or give its consent by any officer or
servant of such administration, authority or body duly authorized in that
behalf.
16[9]
(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).
17
Where the applicant has been served
with a notice in Form 6 the Court shall not make an adoption order or an
interim order unless –
(a) the
infant has attended personally before the Court or it appears to the Court that
there are special circumstances making the infant’s attendance
unnecessary; and
(b) the
Court is satisfied that the infant has been informed of the nature of the order.
18
If a serial number has been
assigned to the applicant under Rule 3, the proceedings shall be conducted with
a view to securing that he or she is not seen by or made known to any
respondent who is not already aware of his or her identity, except with his or
her consent.
19
(1) Where
the infant whom the applicant desires to adopt is identified in the application
by reference to a birth certificate which is the same, or relates to the same
entry in the Registers of Births, as a birth certificate exhibited to a form of
consent, the infant whom the applicant desires to adopt shall be deemed, unless
the contrary appears, to be identical with the infant to whom the form of
consent refers.
(2) Where
the infant has previously been adopted, paragraph (1) of this Rule shall
have effect as if for the references to a birth certificate there were
substituted references to a certified copy of an entry in the Adopted Children
Register and as if for the reference to the Registers of Births there were
substituted a reference to that Register.
20
Every application for an adoption order
shall be heard and determined in camera.
21
(1) An
application for a provisional adoption order shall provide evidence of the law
of adoption in the country in which the applicant is domiciled.
(2) The
Court may accept as evidence of that law an affidavit sworn by a person who is
conversant with it and who practises, or has practised, as a barrister or
advocate in that country or is a duly accredited representative of the
Government of that country.
(3) Where
the applicant intends to make use of any such affidavit, the applicant shall
file it with the application.
22
(1) Where
the determination of an application is postponed and an interim order is made
without a date being fixed for the further hearing, the applicant shall, at
least 2 months before the expiration of the period specified in the interim order,
apply to the Court to fix a day for the further hearing of the application.
(2) When
a day has been fixed for the further hearing of the application, a notice in
Form 7 shall be served on every respondent and a copy thereof shall be served
on the guardian ad litem.
23-25 Form
and transmission of orders
23
An adoption order shall be drawn up
in Form 8, and within 7 days after the making of the order the Judicial
Greffier shall deliver a copy to the Superintendent Registrar and deliver or
send an abridged copy in Form 9 to the applicant.
24
An interim order shall be drawn up
in Form 10, and within 7 days after the making of the order the Judicial
Greffier shall deliver or send a copy to the applicant.
25
(1) The
Judicial Greffier shall not supply a copy of an adoption order or of an interim
order or an abridged copy of an adoption order except –
(a) in accordance with the provisions of Rules
23 and 24;
(b) at the request of the Superintendent
Registrar or the applicant or one of the applicants; or
(c) on the application of any other person under
an order of the Court.
(2) This
Rule applies to an adoption order or an interim order made under the Adoption of Children (Jersey) Law 1947,[10] as it applies to an adoption order or interim order made under the Law.
26 Costs
On the determination of an
application for an adoption order or on the making of an interim order, the
Court may make such order as to costs as it thinks just, and in particular may order
the applicant to pay –
(a) the
out-of-pocket expenses incurred by the guardian ad
litem;
(b) the
expenses incurred by any respondent in attending the hearing, or such part of
those expenses as the Court thinks proper.
27 Keeping
of register and documents
The register in which proceedings
under the Law or under the Adoption of
Children (Jersey) Law 1947,[11] are recorded and all documents relating to such proceedings shall
be kept in a place of special security and shall not be open for public
inspection or search except under an order of the Royal Court.
28 Information
Any information obtained by any person
in the course of, or relating to, proceedings under the Law shall be treated as
confidential and shall not be disclosed by him or her except so far as may be
necessary for the proper execution of his or her duty.
29 Service
of documents
Unless otherwise directed, any
document under these Rules may be served –
(a) on
a corporation or a body of persons, by delivering it at, or sending it by post
to, the registered or principal office of the corporation or body;
(b) on
any other person, by delivering it to him or her, or by sending it by post to
him or her at his or her last known or usual place of abode.[12]
30 Entries
in the register of procurations
Where, by virtue of Article 25
or 26 of the Law, the name of an adopted child who is under guardianship is
changed, then, if it has been ordered that the guardianship be maintained, the
Judicial Greffier shall record the change of name in the register of
procurations.
31 Citation
These Rules may be cited as the
Adoption Rules 1962.
SCHEDULE 1[13]
FORMS
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FORM NO. 1
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Rule 2(1)
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APPLICATION FOR AN
ADOPTION ORDER OR A PROVISIONAL ADOPTION ORDER
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No.
..........................
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In the Royal Court of Jersey
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IN THE MATTER OF the Adoption (Jersey) Law 1961,
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and
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IN THE MATTER OF
.......................................(1) an infant.
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[This Form must be
filed in duplicate, but duplicates of the attached documents need not be
filed. Every paragraph must be completed or
deleted, as the case may be.]
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I, the undersigned
...................................................................... /We,
the undersigned
................................................................ being
desirous of adopting [or obtaining
a provisional adoption order in respect of]
...............................................................(1), an infant, under the Adoption
(Jersey) Law 1961, hereby give the following particulars in
support of my/our application.
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PART 1
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PARTICULARS OF THE APPLICANT(S).
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1.
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Name of [first]
applicant in full ....................................................
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Address (2)......................................................................................
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Occupation
....................................................................................
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Date of birth ..................................................................................
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Relationship
(if any) to the infant .................................................
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[2.
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Name of second
applicant in full...................................................
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Address (2)
.....................................................................................
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Occupation
....................................................................................
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Date of birth
..................................................................................
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Relationship
(if any) to the infant.................................................]
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3.
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I am/We are
resident and domiciled in Jersey [or
I am/We are domiciled in Jersey but not ordinarily resident there] [or I am/We are not domiciled in
Jersey].
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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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[5.
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The consent of my [husband/wife]
[civil partner] to the making of an adoption order/a
provisional adoption order in pursuance of
my application is attached [or I
request the Court to dispense with the consent of my [husband/wife] [civil
partner] on the ground that
........................................................................................
(3)].] (4)
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[6.
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A certificate as
to my/our health, signed by a registered medical practitioner, is attached.] (5)
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PART 2
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PARTICULARS OF THE INFANT
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7.
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The infant is of
the ........................... sex and is not and has not been married or
entered into a civil partnership. The infant
was born on the ........................................ day of
........................., 19/20....................... and is the person to whom the attached birth/adoption
certificate (6) relates [or was born on or about the
.................................................................. day of
............................, 19/20.............., in
...................] (7)
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[8.
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A report on the
health of the infant(8) made by a
registered medical practitioner on the
..................................................... day of
...................................., 19/20................., (9) is attached.]
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9.
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The infant is the
child/adopted child (10) of
........................ (11) whose last
known address was ..................................................... [or deceased] and
........................................................... (12) whose last known address was
............................................................... [or deceased].
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[10.
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The guardian of
the infant is ......................................................... of
..........................................] (13)
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11.
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I/We attach a
document/documents signifying the consent of the said
........................................... (14) to the making of an adoption order/a
provisional adoption order in pursuance of
my/our application.
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[12.
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I/We request the
Court to dispense with the consent of
.................................................... on the ground that
...................
.........................................................................(15).]
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[13.
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The Minister
for........................................ has/have the rights and powers of
a parent of the infant.](16)
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[14.
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.............................................................
of ...................................... is liable by virtue of an order made by the
..................................... court at
..................................... on the .......................................
day of .........................................., 19/20............., [or by an agreement dated the
.................................. day of
..................., 19/20...............,] to contribute to the
maintenance of the infant.] (17)
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15.
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If an adoption order/a provisional adoption order is made in pursuance of this application,
the infant is to be known by the following names –
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Surname
...........................................
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Other
names .....................................
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PART 3
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GENERAL
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16.
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The infant was
received into my/our care and possession on the ................... day of
................................................, 19/20...............,
and has been continuously in my/our care and possession since that date.
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[17.
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I/We notified the
Minister for Health and Social Services on the .......................... day
of ..............................., 19/20................., of my/our
intention to apply for an adoption order/a
provisional adoption order in respect of the
infant.] (18)
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18.
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I have not
made/neither of us has made a previous application for an adoption order/a provisional adoption order in respect of the infant [except an
application No. ..................., which was heard on
the...........................day of
..................., 19/20.............., and was dealt with as follows
..............................................................] (19)
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19.
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I/We have not
received or given any reward or payment for, or in consideration of, the
adoption of the infant or for giving consent to the making of the adoption order/provisional adoption order [except as follows
...........................................................................
...................................................................................................]
(20)
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20.
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As far as I/We
know, no person or body has taken part in the arrangements for placing the infant in
my/our care and possession [except .......................................................................
...............................................................................](21)
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[21.
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For the purposes
of this application reference may be made to
.......................................................... of
.......................................
..........................................................................] (22)
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[22.
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I/We desire that
my/our identity should be kept confidential and the serial number of this
application is....................................] (23)
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[23.
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I/We intend to
adopt the infant under the law of or within
.................................................... (24) and for that purpose I/we desire to remove the infant from
Jersey.] (25) I/We accordingly apply for an
adoption order/a provisional adoption order in respect of the infant.
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Dated
this ................... day of ..................., 20..........
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Signature(s)........................................
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........................................
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Notes
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(1)
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Enter the first name(s) and surname as shown in any
certificate referred to in entry No. 7; otherwise enter the first name(s) and
surname by which the infant was known before being placed for adoption.
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(2)
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Insert the applicant’s present address and,
where he or she is not ordinarily resident
in Jersey, the place abroad where he or she
ordinarily resides.
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(3)
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The consent of the applicant’s spouse or civil
partner may be dispensed with if the Court is satisfied that he or she cannot
be found or is incapable of giving his or her consent or that the spouses or
civil partners have separated and are living apart and the separation is
likely to be permanent.
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(4)
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This entry should be deleted if the application is
made jointly by husband and wife or jointly by civil partners or the
applicant is unmarried.
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(5)
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A separate medical certificate is required in
respect of each applicant. There is an official form (Form No. 3) which may
be used for this purpose. No certificate, however, need be supplied if the
applicant, or one of the applicants, is the father or mother of the infant or
the infant has reached the upper limit of the compulsory school age.
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(6)
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If the infant has previously been adopted, a
certified copy of the entry in the Adopted Children Register should be
attached and not a certified copy of the original entry in the Registers of
Births.
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(7)
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Where a certificate cannot be produced, enter the
place (including country) of birth, if known.
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(8)
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As the Court may require up-to-date information as
to the health of the infant, a medical report should be attached unless the
applicant, or one of the applicants, is a parent or relative of the infant or
the infant has reached the upper limit of the compulsory school age. There is
an official form (Form No. 4) which may be used for this purpose.
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(9)
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If the infant is less than one year old on the date
of the application, the report should have been made not more than one month
before that date. If the infant is one year old or more on that date, the
report should have been made not more than 6
months before that date.
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(10)
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If the infant has previously been adopted, give the
names of the infant’s adoptive parents
and not those of the infant’s natural
parents.
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(11)
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Enter
mother’s name.
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(12)
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Enter name of
father, if known.
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(13)
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Guardian means
a person sworn as such before the Royal
Court.
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(14)
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Enter the
names of the persons mentioned in entries 9 and 10 except, in the case of an
illegitimate infant, the infant’s father.
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(15)
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The consent of a parent or guardian may be dispensed
with if the court is satisfied that the person
whose consent is required has abandoned, neglected or persistently
ill-treated the infant, or has persistently failed without reasonable cause
to discharge the obligations of a parent or guardian, or cannot be found, or
is incapable of giving his or her consent or
is withholding his or her consent
unreasonably.
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(16)
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This entry should be deleted except where some person or body has the rights and powers of a
parent of the infant by virtue of any enactment.
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(17)
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This entry should be deleted except where some person or body is liable to maintain the infant
under a court order or agreement.
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(18)
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Notice does not have to be given if the applicant or
one of the applicants is a parent of the infant or if at the time of the
hearing the infant will have reached the upper limit of the compulsory school
age.
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(19)
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The court cannot proceed with the application if a
previous application made by the same applicant in respect of the same infant
has been heard and dismissed on its merits, unless there has been a
substantial change in the circumstances since the previous application.
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(20)
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Any such payment or reward is illegal except payment
to an administration of the States or parochial authority in respect of their
expenses incurred in connection with the adoption.
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(21)
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Enter the name of any administration of the States,
parochial authority or person who has taken part in the arrangements for placing the infant in
the care and possession of the applicant with a view to the infant’s adoption.
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(22)
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Where the applicant, or one of the applicants, is a
parent of the infant or a relative as defined by Article 1
of the Adoption (Jersey) Law 1961,
no referee need be named.
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(23)
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If the applicant wishes his
or her identity to be kept confidential, the serial number obtained
under Rule 3 of the Adoption Rules 1962, should be given;
otherwise this entry should be deleted.
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(24)
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Where the application is for a provisional adoption order, insert the country in which the applicant
is domiciled. The applicant must provide evidence of the law of adoption in that country. For this purpose
an affidavit as to that law, sworn by a person who is conversant with it and who
practises, or has practised, as a barrister or advocate in that country or is
a duly accredited representative of the Government of that country, will be
admissible if filed with the application.
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(25)
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This entry should be deleted except where the
application is for a provisional adoption order.
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FORM NO. 2
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Rule 2(4)
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NOTICE OF AN APPLICATION
FOR AN ADOPTION ORDER OR A PROVISIONAL ADOPTION ORDER
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(GENERAL TITLE – FORM 1)
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To
....................................................... of ....................................................
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Whereas
an application for an adoption order/a
provisional adoption order in respect of
...............................................................................
(1), an infant of the ................... sex born on the
....................................... day of
..................., 19/20........, has been made
[by............................................. ........................................
and ..................................................] (2) or [under the serial
number
........................................................................];
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And
whereas ............................................. of
......................................... has been appointed guardian ad litem of the said infant:
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Take notice:
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A.(3) [That the said application will
be heard in the Royal Court, Royal Square, Jersey, on the ...................
day of ..................., 20............, at
............................... o’clock, and that you may then appear
and be heard on the question whether an adoption order/a
provisional adoption order should be made.]
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B.(3) [That if you wish to appear and be heard on the question whether
an adoption order/a provisional adoption order should be made, you should give notice to
the undermentioned advocate/solicitor on or before the...................day
of..................., 20........., in order
that a time may be fixed for your appearance.]
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[And
further take notice that while the said
application is pending, a parent or guardian of the infant who has already
signified his or her consent to the making
of the adoption order must not, except with
the leave of the Court, remove the infant from the care and possession of the
applicant(s). Application for such leave may be made personally to the
Court.] (4)
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It
would assist the Court if you would complete the attached form and return it
to me.
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Dated
the ................. day of
.............................., 20..........
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Advocate/Solicitor
for the applicant(s).
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Notes
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(1)
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Enter the name[s] and surname of the infant as shown
in the heading of Form No. 1.
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(2)
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The name of the applicant must not be given where a
serial number is specified in the application (entry No. 22) and the notice
is addressed to an individual other than the spouse of the applicant. In that
case complete the second entry in square brackets.
|
|
(3)
|
Paragraph A should be completed and paragraph
B struck out where the notice is addressed to an administration of the
States, a parochial authority, any other body of persons or the spouse of the
applicant, or where he or she does not desire the
applicant’s identity to be kept confidential (see the
application, entry No. 22). Where a serial number is specified in that entry
and the notice is addressed to an individual respondent other than the spouse
of the applicant, paragraph A must be struck
out and paragraph B completed.
|
|
(4)
|
Delete words in square brackets except where the
notice is addressed to a parent or guardian of the infant.
|
|
Perforation
|
|
To
........................................ Advocate/Solicitor. No.
................................
|
|
I
have received notice of the application for an adoption order/a provisional adoption order in respect of
....................................................
.......................................an infant.
|
|
* Delete one or other alternative.
|
I *do/do not wish to oppose the application.
|
|
......................................................
|
|
(Signature)
|
|
.........................
|
......................................................
|
|
(Date)
|
(Address)
|
|
|
|
|
FORM NO. 3
|
|
Rule 4
|
|
MEDICAL CERTIFICATE AS TO
HEALTH OF APPLICANT
|
|
I
examined ...................................... on
.............................................. and have formed the opinion
that he (or she) is physically, mentally and emotionally suitable to adopt a
child.
|
|
Signature.....................................................................
|
Date...................
|
|
Qualifications
............................................................................................
|
|
Address
.....................................................................................................
|
|
|
|
FORM NO 4
|
|
Rule 5
|
|
MEDICAL REPORT ON HEALTH
OF INFANT
|
|
Note
–
|
|
This form is for a
medical report on a child who may be adopted. The report is for the benefit
of the adopters and the Court. In order that
the adopters may benefit fully from the report, it is important that the
certifying doctor should explain to the adopters the nature and extent of any
disability or abnormality disclosed by the examination which might affect
their decision whether or not to adopt the child.
|
|
Child’s name
.................................................. Date of
birth.....................
|
|
Sex .............................
Weight ............................ Height..........................
|
|
A
|
General
condition
|
|
|
Skin
|
|
|
Eyes (including vision)
|
|
|
Ears (including hearing)
|
|
|
Nose and throat
|
|
|
Speech
|
|
|
Cardio-vascular system
|
|
|
Respiratory system
|
|
|
Alimentary system
|
|
|
Genito-urinary system (including examination of
urine for albumen, sugar and phenylpyruvic acid)
|
|
|
Skeletal and articular system (including
examination for congenital dislocation of hip)
|
|
|
Nervous system (including fits)
|
|
|
Lymphatic system
|
|
|
Any other comments
|
|
|
Is the child physically normal having
regard to the child’s age ?
|
|
B
|
Are there any
items in the child’s history or examination which suggest that the child may be mentally abnormal having regard
to the child’s age ?
|
|
C
|
Particulars of any illnesses from which
the child has suffered.
|
|
D
|
If known,
|
|
|
Weight at
birth (if child is under one year of age)
|
|
|
Details of birth, including result of
mother’s serological tests for syphilis
|
|
|
Particulars, with dates, of vaccination or immunization against
–
|
|
|
Tuberculosis (state result of Mantoux test or
whether child has been successfully vaccinated with B.C.G. vaccine)
|
|
|
Smallpox
|
|
|
Diphtheria
|
|
|
Whooping
cough
|
|
|
Poliomyelitis
|
|
|
Tetanus (active)
|
|
|
Any other
disease.
|
|
E
|
Result of
suitable serological test of the child’s blood for syphilis taken 6weeks or later after birth (please specify test).
|
|
F
|
I examined the child on the ........................... day of
...................... 20 .............., and I have informed the
adopters of the state of health of the child disclosed by the examination.
|
|
Signature
.............................................................. Date
...........................
|
|
Qualifications
...........................................................................................
|
|
Address .....................................................................................................
|
|
FORM No. 5
|
|
|
Rule 6
|
|
|
CONSENT TO AN ADOPTION ORDER
OR A PROVISIONAL ADOPTION ORDER
|
|
|
(GENERAL TITLE – FORM 1)
|
|
|
Whereas
an application is to be/has been made by ..............................
……................../and...............................................................
[or under the serial number
.........………............](1) for an adoption order/a
provisional adoption order in respect of
.................................................................(2), an infant;
|
|
|
[And
whereas the infant is the person to whom the
birth certificate(3) now produced and
shown to me marked “A” relates](4)
|
|
|
I,
the undersigned ................................., of
...................................... being(5) the mother(6)/father(7)/guardian(8) of the infant,
hereby state as follows –
|
|
|
1. I
understand that the effect of an adoption order
will be to deprive me permanently of my rights as a parent/guardian and to
transfer them to the applicant(s) [or
I understand that the effect of a provisional adoption order will be to enable the applicant(s) to remove
the infant from Jersey for the purpose of adopting the
infant abroad and to give the applicant(s) custody of the infant
pending the infant’s adoption]; and in
particular I understand that, if an order is
made, I shall have no right to see or get in touch with the infant or to have
the infant returned to me.
|
|
|
2. I
further understand that the Court cannot make an adoption order without the consent of each parent or
guardian of the infant unless the Court dispenses with a consent on the
ground that the person concerned has
abandoned, neglected or persistently ill-treated the infant, or cannot be
found, or is incapable of giving consent, or is unreasonably withholding
consent or has persistently failed without reasonable cause to discharge the
obligations of a parent or guardian.
|
|
|
3. I
further understand that, when the application for an adoption order is heard, this document may be used as
evidence of my consent to the making of the order
unless I inform the Court that I no longer consent(9).
|
|
|
4. I
hereby consent to the making of an adoption order/a
provisional adoption order in pursuance of
the application [on condition that the religious persuasion in which the
infant is proposed to be brought up is
..................................................](10).
|
|
|
5. As
far as I know, no other person or body has
taken part in the arrangements for placing
the infant in the care and possession of the applicant(s) [except
.................................................................................
......................, of
................................................................................](11)
|
|
|
....................................................
|
|
|
(Signature)
|
|
|
This
form, duly completed, was signed by the said
..........................
.......................................................................before
me(12) at ................... on the
................... day of ......................................, 20
..............
|
|
|
Signature
.............................................
|
|
|
Address
................................................
|
|
|
Description
..........................................
|
|
|
WARNING.
|
|
It is an offence to receive or give any reward or payment for, or
in consideration of, the adoption of the infant or for giving consent to the
making of an adoption order, other than a
payment to an administration of the States or a parochial authority for their
expenses incurred in connection with the adoption.
|
|
Notes:
|
|
(1)
|
Insert either the name of the applicant or the serial number
assigned to the applicant for the purposes of the application.
|
|
(2)
|
Insert the name(s) and surname as known
to the consenting party.
|
|
(3)
|
If the infant has previously been adopted, a certified copy of the
entry in the Adopted Children Register should be attached and not a certified
copy of the original entry in the Registers of Births; and the description of
the consenting party should include the words “by adoption” where
appropriate.
|
|
(4)
|
Delete the words in square brackets except where the consenting
party is the mother or father of the infant and the birth certificate has not
already been identified by the other parent.
|
|
(5)
|
Delete all but one of the descriptions
which follow.
|
|
(6)
|
The mother’s consent cannot be given before the infant is 6weeks old.
|
|
(7)
|
“Father” does not include the natural father of an
illegitimate child.
|
|
(8)
|
“Guardian” means a person
sworn as such before the Royal Court.
|
|
(9)
|
Notice will be given of the date of the hearing of the application
by the Court. After the making of the application the consenting parent or
guardian cannot remove the infant from the care and possession of the
applicant except with the leave of the Court.
|
|
(10)
|
Delete the words in square brackets if the applicant is named or
if, although the applicant is not named, the consenting party does not desire
to impose a condition as to religious upbringing.
|
|
(11)
|
Enter the name of any administration of the States, parochial
authority or person who is known to have
arranged, or to have taken part in the
arrangements, for the infant to be placed in the care and possession of the
applicant.
|
|
(12)
|
In Jersey the document should be signed before a Jurat of the
Royal Court, an advocate or solicitor of the Royal Court, a notary public or
an officer of an administration of the States for which the Minister of
Health and Social Services is assigned responsibility. Outside Jersey it
should be signed before a person authorized
to administer an oath for any judicial or legal purpose, a British consular
officer, a notary public or, if the person
signing it is serving in the armed forces, a commissioned officer.
|
|
|
|
|
FORM No. 6
|
|
Rule 14
|
|
NOTICE TO APPLICANT THAT
THE INFANT’S PRESENCE IS REQUIRED AT THE HEARING
|
|
(GENERAL
TITLE – FORM No. 1)
|
|
To
.................................................. of
.........................................................
|
|
Whereas an
application has been made by you for an adoption order/a
provisional adoption order in respect of the
above-named infant;
|
|
And whereas the said application will be heard in the Royal Court,
Royal Square, Jersey, on the ................... day of
..................., 20 ..............., at
............................. o’clock:
|
|
Take notice that
no order can be made unless the infant is
present at the hearing and the Court is satisfied that the infant has been informed of the nature of the order.
|
|
Dated
the ................... day of ..................., 20
...................
|
|
Guardian
ad litem.
|
|
FORM No. 7
|
|
|
Rule 22
|
|
|
NOTICE TO RESPONDENT OF
FURTHER HEARING OF AN APPLICATION FOR AN ADOPTION ORDER OR A PROVISIONAL
ADOPTION ORDER
|
|
|
(GENERAL
TITLE – FORM No. 1)
|
|
|
To
............................................................ of
..............................................
|
|
|
Whereas
an application for an adoption order/a
provisional adoption order in respect of
.................................................................(1), an infant of the ............................ sex born on the
.................................................. day of
..................., 19/20 .............., was made [by
..................................... and ................................. ](2) or [under the serial
number ........................ ];
|
|
|
And
whereas ......................................, of
............................................. is the guardian ad litem of the said infant;
|
|
|
And
whereas the determination of the said
application was postponed and an interim order
made by the Court on the ................... day of
..................., 20 .................:
|
|
|
Take notice –
|
|
|
A(3) [That the said application will
be heard further in the Royal Court, Royal Square, Jersey, on the
................... day of ..................., 20 ............, at
............................... o’clock, and that you may then appear
and be heard on the question whether an adoption order/a
provisional adoption order should be made.]
|
|
|
B(3) [That if you wish to appear and be heard on the question whether
an adoption order/a provisional adoption order should be made, you should give notice to
the undermentioned advocate/solicitor on or before the ...................
day of .........................., 20 ............, in order that a time may be fixed for your
appearance.]
|
|
|
It
would assist the Court if you would complete the attached form and return it
to me.
|
|
|
Dated
the ........................... day of ............................., 20
.................
|
|
|
Advocate/Solicitor
for the applicant(s)
|
|
|
Notes:
|
|
(1)
|
Enter the name(s) and surname of the infant as shown
in the heading of Form No. 1.
|
|
(2)
|
The name of the applicant(s) must not be given where
a serial number is specified in the application (entry No. 22) and the notice
is addressed to an individual other than the spouse of the applicant. In that
case complete the second entry in square brackets.
|
|
(3)
|
Paragraph A should be completed and paragraph
B struck out where the notice is addressed to an administration of the
States, a parochial authority, any other body of persons or the spouse of the
applicant, or where the applicant does not desire his
or her identity to be kept confidential (see the application, entry
No. 22). Where a serial number is specified in that entry and the notice is
addressed to an individual respondent other than the spouse of the applicant,
paragraph A must be struck out and paragraph B completed.
|
|
Perforation
|
|
To
................................................ Advocate/Solicitor.
|
|
|
No.
.....................
|
|
|
I have received
notice of the further hearing of the application for an adoption order/a provisional adoption order in respect of
......................................................, an infant.
|
|
|
*Delete
one or other alternative.
|
I *do/do not wish to oppose the
application.
I
*do/do not wish to appear and be heard on the question whether an adoption order/a provisional adoption order should be made.
|
|
|
............................................................
|
|
|
(Signature)
|
|
|
.......................................
|
............................................................
|
|
|
(Date)
|
(Address)
|
|
|
|
|
|
|
|
|
FORM No. 8
|
|
Rule 23
|
|
ADOPTION ORDER OR
PROVISIONAL ADOPTION ORDER (1)
|
|
(GENERAL
TITLE – FORM No. 1)
|
|
Whereas
an application has been made by
.............................................. of
........................................., whose occupation is
............................... [and ..................., that person’s wife or husband] [and
..................., that person’s civil partner] (hereinafter called
the applicant(s)) for an adoption order/a
provisional adoption order in respect of
...................(1), an infant of the
sex, the child/adopted child of ....................................... [and
.......................................... ];
|
|
And
whereas the Court is satisfied that the applicant is/applicants are qualified
in accordance with the provisions of the Adoption
(Jersey) Law 1961, to be granted an adoption order/a provisional adoption order in respect of the infant and that all
conditions precedent to the making of such an order
have been fulfilled;
|
|
It
is ordered that the applicant(s) be authorized to adopt the infant [or that the applicant(s) be authorized
to remove the infant from Jersey for the purpose of adopting the infant under the law
of or within the country in which the applicant is/applicants are domiciled
and that the applicant(s) do have the custody of the infant pending the infant’s adoption as aforesaid];
|
|
[And
the following payment or reward is sanctioned ..............................
......................................;]
|
|
[And
as regards costs it is ordered that ........................................
..............................;]
|
|
[And
whereas the precise date of the infant’s birth has not been proved to
the satisfaction of the Court but the Court has determined the probable date
of the infant’s birth to be the day of
..............................., 19/20 ..............;]
|
|
[And
whereas the country of birth of the infant has not been proved to the
satisfaction of the Court [but it appears probable that the infant was born
within the United Kingdom, the Channel Islands or the Isle of Man];]
|
|
[And
whereas the infant was born in Jersey but the parish
in which the birth took place has not been proved to the satisfaction of the
Court;]
|
|
[And
whereas it has been proved to the satisfaction of the Court that the infant
was born in ........................... on the ................... day of
........................................, 19/20 ..........;]
|
|
[And
whereas it has been proved to the satisfaction of the Court that the infant
is identical with ..................................... to whom the entry
numbered ............... made on the ........... day of .................., 19/20
.........., in the Registers of Births for the parish
of ................... relates [or
with ................... to whom the entry numbered
........................... and dated the ................... day of
..................., 19/20 ............, in the Adopted Children
Register relates];]
|
|
[And
whereas the name or names and surname stated in the application as those by
which the infant is to be known are
...........................................................;]
|
|
It
is directed that the Superintendent Registrar shall make in the Adopted
Children Register an entry recording the particulars set out in the Schedule to this Order;
|
|
[And
it is further directed that the aforesaid entry in the Registers of
Births/Adopted Children Register be marked with the word
“Adopted” “Re-adopted” “Provisionally
adopted” “Provisionally re-adopted”](2).
|
|
Dated this
................................... day of
..............................., 20 ..............
|
|
Judicial Greffier.
|
SCHEDULE
|
Date (3) and country (4) of birth of child
|
Parish (5)
|
Name
and surname of child (6)
|
Sex
of child (7)
|
Name
and surname, address (8) and occupation
of adopter or adopters
|
Date
of adoption order (9)
|
|
|
|
|
|
|
|
|
Notes:
|
|
(1)
|
Enter the name(s) and surname of the infant as shown in the
heading of Form No. 1.
|
|
(2)
|
This paragraph should be deleted
where the infant is not proved to be identical with a child to whom an entry
in the Registers of Births or Adopted Children Register relates.
|
|
(3)
|
Where the precise date of the infant’s birth is not proved,
enter the date determined by the Court to be the probable date.
|
|
(4)
|
Where the country of the infant’s birth is not proved, the
particulars of the country of birth may be omitted unless it appears probable
that the infant was born within the United Kingdom, the Channel Islands or
the Isle of Man. In that event enter Jersey as the country of birth.
|
|
(5)
|
Where the infant was born in Jersey but the parish in which the birth took place is not
proved, or where the infant is treated in accordance with Note (4) as born in
Jersey, enter the parish of St. Helier.
|
|
(6)
|
Enter the name or names and surname stated in Form No. 1 as those
by which the infant is to be known or, if no name or surname is so stated,
the original name or names of the infant and the surname of the applicant.
|
|
(7)
|
Enter “boy” or
“girl”, as the case may be.
|
|
(8)
|
If the applicant is not ordinarily resident in Jersey, enter the
place abroad where the applicant ordinarily
resides.
|
|
(9)
|
In the case of a provisional adoption order
enter the words “Provisional adoption order”
followed by the date of the order.
|
|
|
|
|
|
|
|
|
FORM No. 9
|
|
Rule 23
|
|
ADOPTION ORDER OR
PROVISIONAL ADOPTION ORDER (II)
|
|
(GENERAL
TITLE – FORM No. 1)
|
|
Whereas
an application has been made by ............................................
of ..................................................... [and
................................................ that
person’s wife or husband,] [and ..................., that
person’s civil partner] for an adoption order/a
provisional adoption order in respect of
........................................(1), an infant:
|
|
It
is ordered that the applicant(s) be authorized to adopt the infant [or that the applicant(s) be authorized
to remove the infant from Jersey for the purpose of adopting the infant under the law
of or within the country in which the applicant is/the applicants are
domiciled and that the applicant(s) do have the custody of the infant pending
the infant’s adoption as aforesaid];
|
|
And
it is directed that the Superintendent Registrar shall make in the Adopted
Children Register an entry recording the particulars set out in the Schedule to this order.
|
|
Dated this ................................ day of
.................................20 ............
|
|
Judicial
Greffier.
|
SCHEDULE(2)
|
Date
and country of birth of child
|
Parish
|
Name
and surname of child
|
Sex
of child
|
Name
and surname, address and occupation of adopter or adopters
|
Date
of adoption order
|
|
|
|
|
|
|
|
|
Notes –
|
|
(1)
|
Enter the name(s) and surname of the infant as shown
in the heading of Form No. 1.
|
|
(2)
|
Enter in the Schedule
the particulars set out in the Schedule to
Form No. 8.
|
|
FORM No. 10
|
|
Rule 24
|
|
INTERIM ORDER
|
|
(GENERAL
TITLE – FORM No. 1)
|
|
Whereas
an application has been made by
............................................... of
........................................... [and
................................................., that
person’s wife or husband] [and ..................., that
person’s civil partner] (hereinafter called the applicant(s)) for an
adoption order/a provisional adoption order in respect of
..............................................(1), an infant;
|
|
|
And
whereas the Court is satisfied that the applicant is/the applicants are
qualified in accordance with the provisions of the Adoption (Jersey) Law 1961, to be
granted an adoption order/a provisional
adoption order in respect of the infant and
that all conditions precedent to the making of such an order have been fulfilled:
|
|
|
It
is ordered that the determination of the application be postponed and that
the applicant(s) do have the custody of the infant until the
..................................... day of ........................................., 20.................,
by way of a probationary period [or
that the determination of the application be postponed to the
................... day of ..................., 20...................,
and that the applicant(s) do have the custody of the infant until that day by
way of a probationary period] [upon the following terms,
namely............................................................................].
|
|
|
[And
as regards costs it is ordered that .................................................].
|
|
|
[And
it is ordered that the application be further heard before the Court on the
.................... day of
.................................., 20..................., at
..............o’clock.]
|
|
|
Dated
this ........................... day of
......................................., 20...........
|
|
|
Judicial
Greffier.
|
|
|
Note –
|
|
(1)
|
Enter the name(s) and surname of the infant as shown in the
heading to Form No. 1.
|
|
|
|
SCHEDULE 2[14]
Rule 11
PARTICULAR DUTIES OF THE
GUARDIAN AD LITEM
1. The
guardian ad litem shall interview the applicant
and shall ascertain –
(a) particulars of all members of the
applicant’s household and their relationship (if any) to the applicant;
(b) particulars of the accommodation in the
applicant’s home and the condition of the home;
(c) the means of the applicant;
(d) whether the applicant suffers or has
suffered from any serious illness and whether there is any history of
tuberculosis, epilepsy or mental illness in the applicant’s family;
(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;
(f) whether any person specified in the
application as a person to whom reference may be made is a responsible person
and whether he or she recommends the applicant with or without reservations;
(g) whether the applicant understands the nature
of an adoption order and, in particular, that the order, if made, will render
him or her responsible for the maintenance and upbringing of the infant.
2. The
guardian ad litem shall ascertain and inform
the applicant –
(a) whether the infant has been baptised and, if
so, the date and place of baptism;
(b) what treatment the infant has received with
a view to immunising the infant against disease;
(c) whether the infant has any right to, or
interest in, any property;
(d) whether an insurance policy for the payment
on the death of the infant of money for funeral expenses has been effected.
3. The
guardian ad litem shall ascertain whether the
infant is able to understand the nature of an adoption order and, if he or she
is, whether he or she wishes to be adopted by the applicant.
4. The
guardian ad litem shall interview either in person
or by an agent appointed by him or her for the purpose every individual who is
a respondent or who appears to him or her to have taken part in the
arrangements for the adoption of the infant.
5.(1) The guardian ad litem shall obtain from every respondent, not
being an individual, such information concerning the infant as they have in
their possession and which they consider might assist the Court in deciding
whether or not the infant should be adopted by the applicant.
(2) Where
such information is given in the form of a written report, the guardian ad litem shall append it to his or her own report to
the Court.
6. The
guardian ad litem shall ascertain when the
mother of the infant ceased to have the care and possession of the infant and
to whom the care and possession was transferred.
7. The
guardian ad litem shall ascertain that every
consent to the making of an adoption order in pursuance of the application is
freely given and with full understanding of the nature and effect of an
adoption order.
8. Where
either parent of the infant is dead, the guardian ad
litem shall inform the Court if he or she learns of any relation of the
deceased parent who wishes to be heard by the Court on the question whether an
adoption order should be made.
9. Where
the infant is illegitimate but no one is liable as the putative father to
contribute to the maintenance of the infant by virtue of any order or
agreement, the guardian ad litem shall
forthwith inform the Court if he or she learns of any person, claiming to be
the father, who wishes to be heard by the Court on the question whether an
adoption order should be made.
10. The
guardian ad litem shall inform the Court if he
or she learns of any other person or body who
wishes or ought in his or her opinion to be
heard by the Court on the question whether an adoption order should be made.
11. Where
the applicant is not ordinarily resident in Jersey, the guardian ad litem shall endeavour to obtain a report on the
applicant’s home and living conditions from a suitable agency in the
country in which he or she is ordinarily resident.