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;
“JFCAS” means the
Jersey Family Court Advisory Service;
“Law” means the Adoption (Jersey) Law 1961;[3]
“Minister” means the
Minister for Health and Social Services.[4]
(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.
(3) References
in these Rules to the appointment of or anything done by JFCAS are references
to the appointment of or anything done by an officer or servant of JFCAS duly
authorized in that behalf.[5]
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 Judicial Greffier shall appoint JFCAS to be the guardian ad litem of the infant for the purposes of the
application.[6]
9 [7]
(1) If
the applicant desires that some body or person other than JFCAS 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.[8]
(2) If
the applicant asks for the appointment of a guardian ad litem other than JFCAS,
the Court may appoint any other suitably qualified body or person as guardian
ad litem.[9]
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.[10]
(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.[11]
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 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.[12]
14 [13]
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 [14]
(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 [15]
(1) If
the guardian ad litem believes that the infant is able to understand the nature
of an adoption order, the Court shall not make an 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.
(2) If
the guardian ad litem does not believe that the infant is able to understand
the nature of an adoption order, the Court may make an order in the presence or
in the absence of the infant as the Court thinks fit.
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,[16] as it applies to an adoption order or interim order made under the Law.
25A-25E Declarations
in relation to overseas adoptions
25A [17]
Rules 25B to 25E apply to an
application for a declaration that an adoption appears to the Court to be an
overseas adoption; and “application” and “applicant” in
those Rules shall be construed accordingly.
25B [18]
(1) An
application shall be made by representation to the Court, which shall
state –
(a) the date and place of the birth of the
person who is the subject of the overseas adoption;
(b) the date and place of any order or other
instrument giving effect to the overseas adoption and the court or other
tribunal or authority which made it;
(c) the grounds on which the application is made
and all material facts in support of the making of the declaration; and
(d) the domicile of the applicant and his or her
place of habitual residence on the date of the filing of the application.
(2) An
application shall be supported by an affidavit verifying the content of the
application and giving particulars of any person whose interest may be affected
by the proceedings and his or her relationship to the person who is the subject
of the overseas adoption.
(3) There
shall be annexed to the application a copy of the birth certificate of the
person who is the subject of the overseas adoption and, unless otherwise
directed, a certified copy of the order or other instrument giving effect to
the overseas adoption under the law of the relevant country.
(4) Where
a document produced by virtue of paragraph (3) is not in English, it
shall, unless otherwise directed, be accompanied by a translation certified by
a notary public or authenticated by affidavit.
(5) On
the making of an application or at any other stage of the proceedings the Court
may –
(a) give directions relating to –
(i) the
appointment of a person or body to act as guardian ad litem of any child who is
a party to the proceedings,
(ii) reports,
(iii) affidavits,
and
(iv) any
other evidence;
(b) direct that –
(i) the
Attorney General,
(ii) JFCAS,
or
(iii) any
other person or body,
be given notice of, or be made
a party to, the proceedings and direct that any one or more of them be given
notice of or, as the case may be, joined as a party to the proceedings;
(c) give directions with regard to –
(i) tracing
parents or any other person the Court considers to be relevant to the
proceedings,
(ii) service
of documents,
(iii) disclosure
of information and evidence to the parties.
(6) A
direction that a confidential report be disclosed to any party to the
proceedings may include a direction that certain information be deleted,
including information which discloses, or is likely to disclose, the identity
of a person who has been assigned a serial number under Rule 3; or the
Court may direct that the report will not be disclosed to a party.
25C [19]
(1) Any
affidavit for the purposes of an application required to be sworn by a person
who is a minor shall, unless otherwise directed, be made by the person’s
next friend.
(2) An
affidavit for the purposes of Rule 25B(2) may contain statements of
information or belief with the sources and grounds thereof.
25D [20]
(1) Persons or bodies given
notice of proceedings pursuant to directions given under Rule 25B(5)(b)
shall within 21 days after service of the notice upon them be entitled to apply
to the Judicial Greffier to be joined as parties, or, in the case of the
Attorney General, to intervene in the proceedings.
(2) The
Judicial Greffier shall send a copy of the application, and every document
accompanying it, to any person or body joined as a party to the proceedings.
(3) Any
person or body joined as a party to the proceedings may file an answer to the
application within 21 days after receiving a copy of the application.
(4) The
Attorney General, in deciding whether it is necessary or expedient to intervene
in the proceedings, may have a search made for, and may inspect and bespeak a
copy of, any document filed or lodged with the Court which relates to any other
family proceedings referred to in proceedings.
25E [21]
On the hearing of an application,
evidence that an overseas adoption has been effected may, with the leave of the
Court, be given by the production of a document purporting to be –
(a) a
certified copy of an entry made, in accordance with the law of the country or
territory concerned, in a public register relating to the recording of
adoptions and showing that the adoption has been effected; or
(b) a
certificate that the adoption has been effected, signed or purporting to be
signed by a person authorized by the law of the country or territory concerned
to sign such a certificate, or a certified copy of such certificate.
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,[22] 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.[23]
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[24]
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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 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
………………………………..
a child.
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Notes to
applicants
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·
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Before filling in this form, please read the guidance notes on
completing the form.
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·
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Please complete every Part. If you are not sure of the answer to any
question, or you do not think that it applies to you, please say so.
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·
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If there is not enough room on the form for your reply, you may
continue on a separate sheet. If you do continue on a separate sheet, please
put at the head of the sheet:
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○
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the child’s full name,
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○
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the number of the Part of this form that you are completing and
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○
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the paragraph reference.
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·
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Please use black ink when filling in the form.
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I/We the undersigned
………………………………….……………………………
(and
…………………………………………………………………………………..)
wish to adopt
………………………………………………………..………………[1]
and
give the following details in support of my/our application
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IF YOU WANT YOUR IDENTITY TO BE KEPT
CONFIDENTIAL, you must say so:
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I/We want
my/our identity to be kept confidential and wish to apply for a serial number[2]
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5 Yes 5 No
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Part 1 About You
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First applicant
a) Title
5 Mr 5 Mrs 5 Miss
5 Ms 5 Other ..................
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Second applicant
a) Title
5 Mr 5 Mrs 5 Miss
5 Ms 5 Other ..................
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b) My
name is[3]
First
name(s) in full
Last
name
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b) My
name is3
First
name(s) in full
Last
name
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c) My
address is (including
postcode)
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c) My
address is (including
postcode)
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d) My
telephone number is
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d) My
telephone number is
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e) My
date of birth is
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e) My
date of birth is
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f) My
nationality is
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f) My
nationality is
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g) My
occupation is[4]
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g) My
occupation is4
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h) I
am
5 Male 5 Female
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h) I
am
5 Male 5 Female
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i) My
relationship to the child is[5]
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i) My
relationship to the child is5
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j) My/Our
advocate or solicitor in these proceedings is
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Name of advocate or solicitor
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Name of firm
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Address
(including
postcode)
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Telephone no.
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Fax no.
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Email address
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Domicile and residence[6]
k) I am/We
are/One of us, namely
………………….………………………
is
domiciled
in Jersey or in another part of the British Islands
[If you are applying for a provisional order:6A
I
am/We are/One of us, namely
………………………..…………….……….
is
domiciled
in
………………….…………………………………………………]
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Status
If you are applying to adopt as a couple, please go straight to Part 2 About the Child.
Paragraphs (l) to (r) do not apply to you.
If you are applying to adopt alone, please tick the box at (l) to
(r) below that applies to you. If you
tick (l), (m), (q) or (r) please give the additional information asked for.
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l) 5 I
am the partner of the child’s
5 Father 5 Mother
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If you have ticked box (l), please go
straight to Part 2 About the Child. Paragraphs (m) to (r) do not apply
to you[7].
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m) 5 I
am the partner (not the spouse or civil partner) of a person who is not the
child’s parent and I am applying to adopt alone because –
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If you have
ticked box (m), please go straight to Part 2 About the Child. Paragraphs
(n) to (r) do not apply to you[8].
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(please give reasons below, continuing on a separate sheet if
necessary)
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n) 5 I
am not married/I do not have a civil partner[9]
or
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o) 5 I am
divorced/my civil partnership has been dissolved9
or
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p) 5 I
am a widow/a widower/a surviving civil partner9
or
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q) 5 I
am married/I have a civil partner, and I can satisfy the Court that[10] –
5 my
husband/wife/civil partner cannot be found
or
5 I
have separated from my husband/wife/civil partner, we are living apart and
the separation is likely to be permanent
or
5 my
husband/wife/civil partner is not capable of making an application due to
ill-health
or
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r) 5 I
am applying alone for an adoption order in respect of my own child and I can
satisfy the Court that[11] –
5 the
other natural parent has died
or
5 the
other natural parent cannot be found
or
5 the
other natural parent’s exclusion from this application is justified (please give reasons below)
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Part 2 About the child
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a) The child
is a
5 Boy 5 Girl
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b) The child
was born on[12]
55/55/5555
and
is the person to whom the attached certified copy of the entry in the
Register of Births or the Adopted Children Register relates
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or To the
best of my/our knowledge the child was born on or about12
55/55/5555
in
(give place and country of birth)
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c) The
child’s nationality is
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d) I/we confirm that the child is
not and has never been married or been a civil partner[13]
5 Yes 5 No
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e) The
child has had his/her home with me/us continuously since
55/55/5555
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f) The
child was placed with me/us for adoption by the Fostering and Adoption
Service on
55/55/5555
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g) I/We have notified in writing the
Fostering and Adoption Service of my/our intention to apply for an adoption
order (give details)[14]
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Date
notified
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Name of your
contact in the Fostering and Adoption Service
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Telephone
No.
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h) 5 No freeing order has been made in respect of
the child[15]
or
5 the following freeing order has been made in
respect of the child
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Court
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Case number
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Type of order
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Date of order
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Care
i) 5 The Minister does not have parental
responsibility for the child
or
5 The Minister does have parental responsibility
for the child
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Maintenance
j) 5 No maintenance order/agreement has been made
in respect of the child[16]
or
5 The following maintenance order/agreement has
been made
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Person
liable to pay
maintenance
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Address
(including postcode)
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Court and
date
of order
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Date of
maintenance
agreement
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About other orders or proceedings that
affect the child
k) 5 To
the best of my/our knowledge, no proceedings relating to the child (other
than any freeing order, or any maintenance order as given above) have been
completed or commenced in any court[17].
or
5 The
following proceedings relating to the child have been completed/commenced (in
addition to any freeing order, or maintenance order given above)
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Type of order made
(or
applied for)
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Date of order
(or
date of next hearing)
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Name of court
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Case number
(or
serial number)
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Case concerning a related child
l) 5 To
the best of my knowledge, no proceedings relating to a full, half or step
brother or sister of the child have been completed or commenced in any court.
or
5 The
following proceedings relating to a full, half or step brother or sister of
the child have been completed/commenced (please give details
below and, if you were a party to any proceedings that have been completed,
attach a copy of the final order)
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Relationship to child (e.g. sister,
half-brother)
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Type of order made
(or
applied for)
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Date of order made (or date of next hearing)
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Name of Court
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Case number
(or
serial number)
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Part 3
About the child’s parents or guardian
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The
child’s mother[18]
a) The
name of the child’s mother is
First
name(s) in full
Last
name
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The
child’s father18
d) The
name of the child’s father is
First
name(s) in full
Last
name
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b) Her
address is (if deceased, please write ‘Deceased’ in the address box)
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e) His address is (if deceased,
please write ‘Deceased’ in the address box)
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c) Her
nationality is
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f) His nationality is
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g) Does he have parental
responsibility for the child?[19]
5 Yes 5 No
If No, does
he intend to apply for an order under Article 5 of the Children (Jersey)
Law 2002 (a parental responsibility order) or a residence or contact order in
respect of the child?
5 Yes 5 No
5 Don’t know
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The child’s guardian[20]
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h) The name
of the child’s guardian is
First
name(s) in full
Last
name
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i) His/Her
address is
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Parent/guardian consent to
adoption
Note: You do not need to complete
paragraph (j) or (k) if the child you are applying to adopt is the
subject of a current freeing order[21] [22].
Instead, go straight to Part 4 General.
You should give the details of the freeing order in Part 2 About the
Child above. Otherwise, please tick the box that applies to your
circumstances and give any further information requested.
|
|
j) 5 The
child’s parent(s)/guardian(s) has/have consented to the making of an
adoption order [and if available
his/her/their written consent in Form 5 is attached]
or
|
|
5 The
child was placed with me/us for adoption by the Fostering and Adoption
Service with the consent of each parent/guardian (and the mother’s
consent was given when the child was at least 6 weeks old), and no
parent/guardian opposes the making of an adoption order
or
|
|
k) 5 The
following parent(s)/guardian(s) of the child has/have not consented to the
making of an adoption order: (give name(s) below)
|
|
|
|
|
and I/we ask the Court to dispense with
his/her/their consent on the following grounds: (please tick the grounds that apply)
5 he/she/they cannot be found
5 he/she is/they are incapable of
giving consent
5 he/she is/they are withholding
consent unreasonably
5 he/she/they has/have persistently
failed without reasonable cause to exercise his/her/their rights, duties,
obligations and liabilities as a parent or guardian in respect of the child
5 he/she has/they have abandoned or neglected
the child
5 he/she has/they have persistently
ill-treated the child and for that reason the rehabilitation of the child
within his/her/their household is unlikely
5 he/she has/they have seriously
ill-treated the child
5 he/she is/they are incapable of
caring for the child or are of such habits or mode of life as to be unfit to
have care of the child
You
must attach a brief statement of facts setting out a summary of the history
of the case and any other facts to satisfy the Court that the grounds for
your request apply.
|
|
IMPORTANT: The Court will send a copy of your
statement of facts to each parent or guardian of the child. If you intend to
ask the Court to keep your identity confidential, you should make sure that
the statement of facts does not include any information that could identify
you, where you live, or where the child goes to school or nursery.
|
|
|
|
|
Part 4 General
|
|
Child’s name on the adoption order[23]
If the adoption order is
made, I/We want the child to be known as –
|
|
First name(s) in full
|
|
Last name
|
|
|
|
|
|
Health reports[24]
Separate reports on my/our health and the health of the child made by
a registered medical practitioner on (give date(s))
|
|
|
|
|
|
|
|
are attached to this application
|
|
Declarations
I/We accordingly apply for an adoption
order [a provisional adoption order] in respect of the child.
[If
you are applying for a provisional order:
I/we intend to adopt the child under the
law of or within […………
name of country] which is the country of my/our domicile, and evidence as
to the law of adoption in that country is lodged with this application.
I/we desire to remove the child from
Jersey.]
I/We have not received or given payment or reward in respect of the
proposed adoption (except as follows –) (give details below)
|
|
|
|
To the best of my/our knowledge, only person(s) or organisation(s)
named in Part 2 of this application have taken part in the arrangements
for the child’s adoption.
|
|
|
|
|
|
|
|
|
Part 5 Statement of
truth
|
|
I believe
that the facts stated in this application are true.
Signature of first
applicant
Print full name
|
|
I believe
that the facts stated in this application are true.
Signature of second
applicant
Print full name
|
|
|
|
|
|
Signed
|
|
Signed
|
|
|
|
|
|
Date
|
|
Date
|
|
|
|
|
|
What to do now
|
|
Once you have completed and signed this form, you should take or send
the form and three copies to the
Court, [together with the court fee*] and the following documents:
|
|
·
|
a certified copy of the full entry in the
Register of Births that relates to the child or, where the child has been
adopted, a certified copy of the entry in the Adopted Children Register;
|
|
·
|
a form of consent in Form 5 of any
parent or guardian whose consent is required, or, if you are asking the Court
to dispense with the consent of any parent or guardian to the adoption, a
brief statement of the facts relied on in support of the request, and two
copies of the statement;
|
|
·
|
a copy of any freeing order relating to the
child;
|
|
·
|
if you were a party to any other
proceedings relating to the child –
|
|
|
·
|
a copy of any other final order relating to
the child that has effect and, if possible, a copy of any maintenance
agreement or maintenance award relating to the child, and
|
|
|
·
|
a copy of any final order relating to a
full, half or step brother or sister of the child that has effect;
|
|
·
|
a copy of each of the reports by a
registered medical practitioner on the health of the child and the
applicant(s).
|
|
·
|
Note: You do not have to supply health reports
if:
|
|
|
·
|
he/she is your
child, or the child of your spouse who is applying with you;
|
|
|
·
|
the child has
reached the upper limit of the compulsory school age;
|
|
·
|
where a parent of the child has died, a
certified copy of the entry in the Register of Deaths;
|
|
·
|
if you are submitting evidence of marriage
or civil partnership, a certified copy of the entry in the Register of
Marriages or the Register of Civil Partnerships;
|
|
·
|
where your husband, wife or civil partner
has died, a certified copy of the entry in the Register of Deaths;
|
|
·
|
a copy of any decree absolute of divorce or
decree of nullity of your marriage;
|
|
·
|
in relation to a civil partnership, a copy
of any dissolution order or nullity order of your civil partnership;
|
|
·
|
any documentary evidence supporting the
reasons why you are applying to adopt the child without your husband, wife or
civil partner, such as a decree of judicial separation;
|
|
·
|
if your name as entered on the application
form is different from the name shown on any evidence of marriage or civil
partnership you are sending with your application, any documentary evidence
to explain the difference.
|
|
APPLICATION FOR AN ADOPTION
ORDER (Form No. 1)
|
|
Notes on completing the
Form
|
|
Important
In these notes, any reference to a birth certificate, death
certificate, marriage certificate or certificate of civil partnership means a
certified copy of the entry in the Register of Live Births, the Register of
Deaths, the Register of Marriages or the Register of Civil Partnerships, as
appropriate. A photocopy is not acceptable. The birth certificate you send to
the Court for the child you are applying to adopt must be a certified copy of
the full entry in the Register of Births.
Take or send the completed application form to the Judicial Greffe
together with the court stamps and any documents you are attaching in support
of your application. If you are not sure about the court fee payable for your
application, or you think that you may be exempt from paying all or part of
the fee, you should contact the Judicial Greffe, or go to www.gov.je/familycare for information.
|
|
Notes on the application
form
|
|
Note 1
|
Enter the name of the child you are applying to adopt, surname last.
You must enter the full first name(s) and the surname of the child exactly as
they are shown on the birth certificate (or, if the child has previously been
adopted, the certified copy of the entry in the Adopted Children Register)
you are sending with your application (see note 12).
|
|
Note 2
|
If you do not want your identity to be made known to the parents or
guardians of the child you are intending to adopt, the Court will issue you
with a serial number. Any documents sent to the parents/guardians will show
the serial number, not your personal details. If you are required to attend
the same court hearing, the court will make arrangements to ensure that your
identity is protected.
|
|
|
Part 1 About You
|
|
Note 3
|
If the name you have entered is different from your name as it is
shown on any evidence of marriage or civil partnership you are sending with
your application form (for example, because you have changed your name by
deed poll), please attach a continuation sheet explaining the reason for the
difference, and a copy of any supporting documents (such as the deed poll).
|
|
Note 4
|
The occupation you give here will appear on the adoption order and
will subsequently be entered in the Adopted Children Register. Please note
that failure to give full details may result in a delay in issuing the
child’s adoption certificate. It is important that you enter the full
title of your occupation (or former occupation if you are retired), for
example, ‘secondary school teacher’ or ‘ballet
teacher’, not ‘teacher’; ‘self-employed carpenter’,
not ‘self-employed’; ‘retired police officer’, not
‘retired’. Abbreviations or general descriptions such as
‘self-employed’, ‘part-time worker’, or
‘retired’, cannot be accepted. Please note also that company
names cannot be entered in the Register and it is not sufficient to enter
that you are an ‘employee’ or ‘worker’ with any
particular company; you must give your occupation. If you are unemployed or
currently unable to work because of disability, you should give your last
occupation. If you are a member of H.M. Forces, you should give your
rank and/or profession.
|
|
Note 5
|
Enter your relationship to the child you are applying to adopt, for
example, step-parent, foster parent, grandparent, aunt, uncle, other relative
(please specify). If you do not currently have any relationship to the child
other than as prospective adopter, please enter ‘none’.
|
|
Note 6
|
An adoption order cannot be made unless you are domiciled in a part
of the United Kingdom, the Channel Islands or the Isle of Man.
‘Domicile’ is normally taken to mean the place where you have
your permanent home. If you are in any
doubt as to whether you meet these conditions, you should seek legal advice.
|
|
Note 6A
|
You do not need to be domiciled in Jersey if you are applying for a
provisional order. You must insert the country in which you are domiciled.
You 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.
|
|
Note 7
|
If you are applying to adopt alone and you are the partner (including
husband, wife or civil partner) of the child’s father or mother or other
parent, you should complete paragraph (l) and then go straight to
Part 2 About the Child. Paragraphs (m) to (r) do not apply to you.
|
|
Note 8
|
If you are applying to adopt alone and you are the partner (but not
the husband, wife or civil partner) of a person who is not the parent of the
child you wish to adopt, you should complete paragraph (m). Please give
your reasons for applying to adopt alone. If there is not enough room for
your reply, you may continue on a separate sheet. You should then go straight
to Part 2 About the Child. Paragraphs (n) to (r) do not apply to you.
|
|
Note 9
|
If you are applying to adopt alone and
|
|
|
·
|
you have never been married/had a civil partner, please complete
paragraph (n);
|
|
|
·
|
you are divorced, or your civil partnership has been dissolved,
please complete paragraph (o) and attach a copy of the Decree Absolute
or the Dissolution Order to your application;
|
|
|
·
|
you are a widow or widower or a surviving civil partner, please
complete paragraph (p) and attach the death certificate of your deceased
husband, wife or civil partner to your application.
|
|
Note 10
|
If you are applying to adopt alone and you are married or you have a
civil partner, you may need to satisfy the Court that:
|
|
|
·
|
your husband/wife or civil partner cannot be found, or
|
|
|
·
|
you have separated from your husband/wife or civil partner, you are
living apart, and the separation is likely to be permanent, or
|
|
|
·
|
your husband/wife or civil partner is physically incapable of making
an application or lacks the mental capacity to do so.
|
|
|
You must show on the application form which of these three grounds
applies in your case by ticking the appropriate box.
You should attach your marriage certificate (or other evidence of
marriage) or certificate of civil partnership (or other evidence of civil
partnership) to your application, together with any other documentary
evidence on which you propose to rely, such as a decree of judicial
separation, or medical evidence of physical incapability or a lack of
capacity. You should also supply the name and address (if known) of your
husband/wife or civil partner.
|
|
Note 11
|
If you are applying alone for an adoption order in respect of your
own child you will need to satisfy the court that:
|
|
|
·
|
the other natural parent has died, or
|
|
|
·
|
the other natural parent cannot be found, or
|
|
|
·
|
there is some other reason (which you must set out on your
application form) justifying the other parent’s exclusion from your
application.
|
|
|
You must show on the application form which of those grounds applies in
your case by ticking the appropriate box.
You should also attach to your application any documentary evidence
on which you propose to rely, such as the death certificate.
|
|
|
Part 2 About the Child
|
|
Note 12
|
If the child 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 full
entry in the Register of Births. Where you are unable to attach a
certificate, enter the place (including the country) of the child’s birth,
if known.
No application
may be made in respect of a person who is aged 18 or more at the time of the
application.
|
|
Note 13
|
The Court cannot
make an adoption order in relation to any person who is or has been married,
or any person who is or has been a civil partner.
|
|
Note 14
|
Except where the
applicant or one of the applicant’s is a parent of the child, you must
notify the Fostering and Adoption Service in writing of your intention to
apply for an adoption order. You must give notice of your intention not less
than 3 months before the date of your application to the Court. If the
child has been living outside the British Islands, or you are applying for a
provisional order, this needs to be done 6 months before the date of your
application to the Court.
|
|
Note 15
|
Give details of
the name of the court that made the freeing order, the nature of the order,
the case number and the date the order was made.
|
|
Note 16
|
If some person
or body is liable to pay maintenance for the child under a court order, or a
maintenance agreement, give the name and address of the person or body liable
to pay. In the case of a maintenance order, give the name of the court and
the date the order was made; otherwise, give the date of the maintenance
agreement.
|
|
Note 17
|
If there are
earlier, or current, court proceedings relating to the child you are applying
to adopt (for example, proceedings for a care order, a contact order, a
parental responsibility order or a residence order), give the name of the
court, the nature of the proceedings and the date and effect of any order
made, or the date of the next hearing if proceedings are current. You do not
need to repeat the details of any freeing order, or maintenance order or
agreement you have already given.
Important: if you have previously applied for an adoption order in respect of
the same child and the order was refused, you will need to satisfy the court
that there has been a change of circumstances since you last applied, or that
there is some other reason why the court should hear your current
application. Please set out your reasons for making this application on a
separate sheet, explaining why you think the application should be heard.
Please put the child’s full name, the number of the Part and the
paragraph reference at the head of the sheet and attach it to your
application form.
|
|
|
Part 3 About the Child’s
Parent(s) or Guardian
|
|
Note 18
|
If the child has
previously been adopted, give the names of his/her adoptive parents, not
those of his/her natural parents.
|
|
Note 19
|
If the
child’s parents were not married to each other or not in a civil
partnership at the time of his/her birth, the child’s father may have
parental responsibility because:
|
|
|
·
|
the
child’s father and the child’s mother have married since the
child was born;
|
|
|
·
|
the child’s
father has a parental responsibility agreement with the mother, or has been
granted a parental responsibility order;
|
|
|
Give details of
any court order or agreement in respect of parental responsibility in
paragraph (k) of Part 2 About the child.
|
|
Note 20
|
If the child has
no guardian, enter ‘not applicable’. Otherwise, enter the details
of any person appointed to be the child’s guardian by deed or will or
otherwise in writing in accordance with Article 7 of the Children
(Jersey) Law 2002. If the child has more than one guardian, please give the
name and address of any other guardian(s) on a separate sheet, putting the
child’s full name, the number of the Part and the paragraph reference
at the head of the sheet.
|
|
Note 21
|
If the child you
are applying to adopt is already the subject of a current freeing order, you
do not need to ask the Court to dispense with the consent of the
child’s parent(s) or guardian(s) to your application. You do not have
to complete paragraph (j) or (k), but please ensure that you have entered the
details of the freeing order in Part 2, About the Child.
You do not need
to ask the Court to dispense with the consent of the child’s parent(s)
or guardian(s) to your application if:
|
|
|
·
|
the
child’s parent(s)/guardian(s) has/have consented to the making of an
adoption order; or
|
|
|
·
|
the child was
placed with you for adoption by an adoption agency with the consent of each
parent/guardian (and the mother’s consent was given when the child was
at least 6 weeks old), and no parent/guardian opposes the making of an
adoption order.
|
|
|
Please complete
paragraph (j) showing which of these conditions applies in your case.
If the
child’s father does not have parental responsibility for the child, you
do not need that parent’s consent to your application for an adoption
order.
|
|
Note 22
|
If you are
asking the court to dispense with the consent of any parent or guardian, the
Court can only dispense with that person’s consent on one or more of
the grounds shown at paragraph (k) on the Form. You must –
|
|
|
·
|
complete
paragraph (k) indicating which of these grounds applies to your request,
and
|
|
|
·
|
provide a brief
statement of the facts.
|
|
|
Part 4 General
|
|
Note 23
|
Please enter the name by which you want the child to be known
following the adoption. This is the name that will be entered on the Adopted
Children Register. You may wish the child to have a new name following the
adoption, but there is no obligation to change the child’s name if you
do not want to do so.
|
|
Note 24
|
You do not need to send a medical report on your health (or the
health of the other applicant, if there is one) or the health of the child
with your application if:
|
|
|
·
|
he/she is your child, or the child of your spouse, who is applying
with you; or
|
|
|
·
|
the child has reached the upper limit of the compulsory school age.
|
|
|
In any other
case you must attach separate health reports in
respect of each applicant and the child.
|
FORM NO. 2
|
|
Rule 2(4)
|
|
NOTICE OF AN APPLICATION
FOR AN ADOPTION ORDER OR A PROVISIONAL ADOPTION ORDER
|
|
(GENERAL TITLE – FORM 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........, has been made [by.............................................
........................................ and
..................................................] (2) or [under the serial
number
........................................................................];
|
|
And
whereas ............................................. of
......................................... has been appointed guardian ad litem of the said infant:
|
|
Take notice:
|
|
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.]
|
|
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.]
|
|
[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)
|
|
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 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
.....................................................................................................
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FORM No. 5
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Rule 6
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CONSENT TO AN ADOPTION ORDER
OR A PROVISIONAL ADOPTION ORDER
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(GENERAL TITLE – FORM 1)
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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;
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[And
whereas the infant is the person to whom the
birth certificate(3) now produced and
shown to me marked “A” relates](4)
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I,
the undersigned ................................., of
...................................... being(5) the mother(6)/father(7)/guardian of the infant, hereby state as follows –
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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.
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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.
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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(8).
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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
..................................................](9).
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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
................................................................................](10)
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....................................................
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(Signature)
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This
form, duly completed, was signed by the said
..........................
.......................................................................before
me(11) at ................... on the
................... day of ......................................, 20
..............
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Signature
.............................................
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Address
................................................
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Description
..........................................
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WARNING.
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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.
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Notes:
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(1)
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Insert either the name of the applicant or the serial number
assigned to the applicant for the purposes of the application.
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(2)
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Insert the name(s) and surname as known
to the consenting party.
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(3)
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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; and the description of
the consenting party should include the words “by adoption” where
appropriate.
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(4)
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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.
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(5)
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Delete all but one of the descriptions
which follow.
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(6)
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The mother’s consent cannot be given before the infant is 6weeks old.
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(7)
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“Father” does not include the natural father of an
illegitimate child.
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(8)
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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.
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(9)
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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.
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(10)
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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.
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(11)
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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.
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FORM No. 7
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Rule 22
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NOTICE TO RESPONDENT OF
FURTHER HEARING OF AN APPLICATION FOR AN ADOPTION ORDER OR A PROVISIONAL
ADOPTION ORDER
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(GENERAL
TITLE – FORM No. 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 .............., was made [by
..................................... and ................................. ](2) or [under the serial
number ........................ ];
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And
whereas ......................................, of
............................................. is the guardian ad litem of the said infant;
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And
whereas the determination of the said
application was postponed and an interim order
made by the Court on the ................... day of
..................., 20 .................:
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Take notice –
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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.]
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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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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(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.
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(3)
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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.
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Perforation
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To
................................................ Advocate/Solicitor.
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No.
.....................
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I have received
notice of the further hearing of the application for an adoption order/a provisional adoption order in respect of
......................................................, an infant.
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*Delete
one or other alternative.
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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.
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............................................................
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(Signature)
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.......................................
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............................................................
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(Date)
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(Address)
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FORM No. 8
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Rule 23
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ADOPTION ORDER OR
PROVISIONAL ADOPTION ORDER (1)
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(GENERAL
TITLE – FORM No. 1)
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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
.......................................... ];
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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;
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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];
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[And
the following payment or reward is sanctioned ..............................
......................................;]
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[And
as regards costs it is ordered that ........................................
..............................;]
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[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 ..............;]
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[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];]
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[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;]
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[And
whereas it has been proved to the satisfaction of the Court that the infant
was born in ........................... on the ................... day of
........................................, 19/20 ..........;]
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[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];]
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[And
whereas the name or names and surname stated in the application as those by
which the infant is to be known are
...........................................................;]
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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;
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[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).
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Dated this
................................... day of
..............................., 20 ..............
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Judicial Greffier.
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SCHEDULE
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Date (3) and country (4) of birth of child
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Parish (5)
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Name
and surname of child (6)
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Sex
of child (7)
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Name
and surname, address (8) and occupation
of adopter or adopters
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Date
of adoption order (9)
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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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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.
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(3)
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Where the precise date of the infant’s birth is not proved,
enter the date determined by the Court to be the probable date.
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(4)
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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.
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(5)
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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.
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(6)
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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.
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(7)
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Enter “boy” or
“girl”, as the case may be.
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(8)
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If the applicant is not ordinarily resident in Jersey, enter the
place abroad where the applicant ordinarily
resides.
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(9)
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In the case of a provisional adoption order
enter the words “Provisional adoption order”
followed by the date of the order.
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FORM No. 9
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Rule 23
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ADOPTION ORDER OR
PROVISIONAL ADOPTION ORDER (II)
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(GENERAL
TITLE – FORM No. 1)
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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:
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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];
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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.
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Dated this ................................ day of .................................20
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Judicial
Greffier.
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SCHEDULE(2)
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Date
and country of birth of child
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Parish
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Name
and surname of child
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Sex
of child
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Name
and surname, address and occupation of adopter or adopters
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Date
of adoption order
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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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Enter in the Schedule
the particulars set out in the Schedule to
Form No. 8.
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FORM No. 10
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Rule 24
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INTERIM ORDER
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(GENERAL
TITLE – FORM No. 1)
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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;
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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:
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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............................................................................].
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[And
as regards costs it is ordered that .................................................].
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[And
it is ordered that the application be further heard before the Court on the
.................... day of
.................................., 20..................., at
..............o’clock.]
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Dated
this ........................... day of
......................................., 20...........
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Judicial
Greffier.
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Note –
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(1)
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Enter the name(s) and surname of the infant as shown in the
heading to Form No. 1.
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SCHEDULE 2[25]
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.