Adoption
Rules 1962[1]
THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 18 of the Adoption (Jersey)
Law 1961, 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;
“file” means
file in the Judicial Greffe (and “filed” and “filing”
are to be read accordingly);
“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;
“Minister”
means the Minister for Children and Families.[2]
(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.[3]
2-5 Commencement
of proceedings[4]
2
(1) An
application for an adoption order shall be made by filing an application in
Form 1.[5]
(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, father or second parent of
the child or the child 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.[6]
5
(1) Any
report on the health of the child which is to be used for the purposes of an
application for an adoption order shall be filed with the application.[7]
(2) The
report may, if the applicant so desires, be in Form 4.
6 Agreements
and consents[8]
(1) This
Rule applies where –
(a) the
agreement of a child aged 14 or over is required under Article 3A of
the Law to his or her adoption;
(b) the
agreement of a spouse or civil partner is required under Article 10A of
the Law to the making of an order authorizing the adoption of a child;
(c) the
consent of a parent or guardian requires to be signified to the making of an
adoption order for the purposes of Article 14 of the Law.
(2) Any
document signifying or evidencing the agreement of the child for the purposes
of Article 3A of the Law shall be in Form 5, and
shall be filed with the application.
(3) Any
document signifying or evidencing the agreement of a spouse or civil partner
for the purposes of Article 10A of the Law shall be in Form 5A, and shall be filed with the application.
(4) Any
document signifying the consent of a parent or guardian to the making of an
adoption order for the purposes of Article 14 of the Law shall be in
Form 6 and, if executed before the commencement of the proceedings, shall
be filed with the application.
(5) The
document referred to in paragraph (4) is sufficiently attested for the
purposes of Article 14(1) of the Law if it is attested by one witness
being –
(a) in
the case of a document 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.
6A Dispensing
with agreement of spouse or civil partner[9]
(1) This
Rule applies where the applicant wishes to ask the Court to dispense with the
agreement of his or her spouse or civil partner under Article 10A of the
Law.
(2) The
applicant must –
(a) give
notice of the request in the application form or at any later stage by filing a
written statement setting out the reasons for the request; and
(b) lodge
a statement of facts setting out a summary of the history of the case and any
other facts to satisfy the Court that –
(i) the spouse or
civil partner cannot be found;
(ii) the
spouse or civil partner is incapable of giving agreement;
(iii) the
spouse or civil partner is unreasonably withholding agreement; or
(iv) the
welfare of the child, as the paramount consideration, justifies the making of
the order without the agreement of the spouse or civil partner.[10]
(3) If
a serial number has been assigned to the applicant under Rule 3, the
statement of facts supplied under paragraph (2)(b) must be framed so that
it does not disclose the identity of the applicant.
(4) On
receipt of the notice of the request the Judicial Greffier shall –
(a) inform
the spouse or civil partner of the request unless the spouse or civil partner
cannot be found; and
(b) send
a copy of the statement of facts lodged in accordance with paragraph (2)(b)
to –
(i) the spouse or
civil partner unless the spouse or civil partner cannot be found;
(ii) the
Fostering and Adoption Service.
7 Previous
proceedings
If it appears that the
applicant has previously made an application for an adoption order in respect
of the same child 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.[11]
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 child for the purposes of the application.[12]
9 [13]
(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.[14]
(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.[15]
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 child 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.[16]
(2) On
completing the investigations the guardian ad litem shall make a confidential report in
writing to the Court.[17]
(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
(1) When
the guardian ad litem has made the report to
the Court under Rule 11(2), directions may be given as necessary by a
Family Judge or by the Judicial Greffier.
(2) The
Judicial Greffier shall, once the report has been made to the Court or, if
applicable, once directions have been given under paragraph (1), fix a
date for the hearing of the application by the Court.[18]
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 child by virtue of any enactment;
(c) any person
liable by virtue of any order or agreement to contribute to the maintenance of
the child;
(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 child;
(f) any
other person, not being the child, 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.[19]
14 [20]
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 [21]
(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 [22]
(1) If
the guardian ad litem believes that the child is able to
understand the nature of an adoption order, the Court shall not make an order
unless –
(a) the child
has attended personally before the Court, or it appears to the Court that there
are special circumstances making the child’s attendance unnecessary; and
(b) the
Court is satisfied that the child has been informed of the nature of the order.[23]
(2) If
the guardian ad litem does not believe that the child 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 child as the Court thinks fit.[24]
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 child 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 child whom the applicant desires to adopt shall be deemed, unless
the contrary appears, to be identical with the child to whom the form of
consent refers.[25]
(2) Where
the child 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.[26]
(3) If
the child was the subject of a previous parental order (as defined in the Children (Jersey) Law
2002), paragraph (1) of this Rule applies as if –
(a) for a
reference to a birth certificate there is substituted a reference to a certified
copy of an entry in the Parental Orders Register maintained under
Article 61A of the Marriage and Civil
Status (Jersey) Law 2001; and
(b) for a
reference to the Registers of Births there is substituted a reference to the
Parental Orders Register.[27]
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,[28] as it applies to an adoption order or interim order made under the Law.
25A-25E Declarations
in relation to overseas adoptions
25A [29]
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 [30]
(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
the application is made.[31]
(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 [32]
(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 [33]
(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 [34]
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,[35] 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.
28A Disclosing
information to an adopted person[36]
(1) This
Rule applies where an application to the Court is made under Article 32B
of the Law for copies of documents.
(2) The
application may be made for copies of the following documents –
(a) the
application form for an adoption order (but not the documents attached to that
form);
(b) the
adoption order, a provisional adoption order, an interim order, the freeing
order and any other orders relating to the adoption proceedings;
(c) orders
containing any provision for contact with the child after the adoption order
was made;
(d) any
transcript or written reasons of the Court’s decision with
regard to the adoption in question; and
(e) a
report made to the Court by the Fostering and Adoption Service or the guardian ad litem.
(3) The
application shall be made by filing an application in Form 11.[37]
(4) The
application must –
(a) have
attached to it a certified copy of the entry in the Adopted Children Register
relating to the applicant; and
(b) be
accompanied by evidence of the applicant’s identity showing a photograph
and signature, such as a certified copy of the applicant’s passport or
driving licence.
(5) Before
a copy of any document or order referred to in paragraph (2) is given to
the applicant, the Judicial Greffier will, in accordance with Article 32B(3) of the Law, redact the restricted information
prescribed in paragraph (6).
(6) The
restricted information prescribed is information which would be restricted
information under Article 32A of the Law if the Adoption Service gave the
information and not the Court.
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.[38]
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.