Children and Civil
Status (Consequential Amendments) (Jersey) Amendment Regulations 2025
Made 5 February 2025
Coming into
force in accordance with
Regulation 43
1 Adoption
(Jersey) Law 1961
amended
(1) This
Regulation amends the Adoption
(Jersey) Law 1961.
(2) In
Article 1(1) (interpretation) –
(a) Before
the definition “Adoption and Children Act” there is
inserted –
“Adopted Children Register”
means the register maintained under Article 24;
(b) after
the definition “child” there is inserted –
“Children Law”
means the Children
(Jersey) Law 2002;
“Circumstance A”,
“Circumstance B”, “Circumstance C” and “Circumstance D” have the meanings given
in Schedule A1 (fertility treatment and artificial insemination) to the Children
Law;
(c) in
the definition “father” for “natural” there is substituted
“biological”;
(d) after
the definition “guardian” there is inserted –
(e) after
the definition “Minister” there is inserted –
“mother” has the
same meaning as in the Children Law;
(f) for
the definitions “parent” and “parental responsibility”
there is substituted –
“parent” has the
same meaning as in the Children Law;
“parental responsibility”
has the same meaning as in the Children Law;
(g) for
paragraph (b) of the definition “relative” there is substituted –
(b) if
the child is illegitimate, the parents of the child and any person who would be
a relative of the child within the meaning of this definition if the child were
the legitimate child of the child’s parents.
(h) after
the definition “relative” there is inserted –
“second parent”
has the same meaning as in the Children Law;
(3) In
the following places –
(a) for
“Children
(Jersey) Law 2002” there is substituted “Children
Law” –
(i) Article 1(1)
in the definition “guardian”,
(ii) Article 12B(4)(a)(i),
(iii) Article 20(2)(a)(ii),
(iv) Article 33(3)
and (4)(d);
(b) for
“Marriage and
Civil Status (Jersey) Law 2001” there is substituted “Marriage
and Civil Status Law” –
(i) Article 24(3),
(ii) Article 30(2),
(iii) Article 46(4).
(4) In
Article 10 (power to make adoption orders) –
(a) in
paragraph (1A)(c) “(and for this purpose it is irrelevant whether
the 2 persons are of different genders or the same gender)” is deleted;
(b) after
paragraph (1A) there is inserted –
(1AA) For
the purpose of paragraph (1A) it is irrelevant whether the 2 persons are
of the same gender or of different genders.
(c) in
paragraph (3) for “mother or father” there is substituted
“mother, father or second parent”.
(5) In
Article 11(1)(a) and (2)(a) (age and sex of applicant) for “mother
or father” there is substituted “mother, father or second
parent”.
(6) In
Article 12(7) (freeing child for adoption) there is
substituted –
(7) Paragraph
(7A) applies in the case of a child whose father does not have parental
responsibility for the child.
(7A) The
Court must, before making an order under this Article, satisfy itself in
relation to any person claiming to be the father of the child that –
(a) the
person has no intention, within the next 6 months,
of applying for –
(i) registration as
the father of the child under Part 5 of the Marriage and Civil Status Law,
or
(ii) parental
responsibility under Article 9C of the Children Law; or
(b) if
the person did make an application under sub-paragraph (a)(ii) it would be
likely to be refused.
(7B) The
Court must, before making an order under this Article in the case of a child
who has a second parent who does not have parental responsibility for the
child, satisfy itself in relation to a person claiming to be the second parent
of the child that –
(a) the
person has no intention, within the next 6 months,
of applying for –
(i) registration as
the second parent of the child under Part 5 of the Marriage and Civil
Status Law, or
(ii) parental
responsibility under Article 9D of the Children Law; or
(b) if
the person did make an application under sub-paragraph (a)(ii) it would be
likely to be refused.
(7) In
Article 12B (revocation of Article 12 order) –
(a) in
paragraph (1) after “his or her former parent” there is
inserted “or a person who, immediately before the making of the order was
treated in law as a parent of the child”;
(b) in
paragraph (3) for sub-paragraphs (b) and (c) there is
substituted –
(b) to
give parental responsibility –
(i) if the child was
conceived as a result of intercourse, to the child’s mother, and if a man
is named as the child’s father in the register of births maintained under
Article 50 of the Marriage and Civil Status Law, to that man,
(ii) if
any of Circumstances A to D apply, to the child’s birth mother and the
other person (if any) who is to be treated as the parent of the child in whichever
Circumstance applies;
(c) to
revive any of the following extinguished by the making of the Article 12
order –
(i) parental responsibility
acquired by a father under Article 9C(1)(a) of the Children Law,
(ii) a
parental responsibility agreement under Article 9C(1)(b), 9D(b) or 9E(a)
of the Children Law,
(iii) an
order under Article 9C, 9D, 9E or 9G of the that a person is to have
parental responsibility,
(iv) an
appointment of a guardian in respect of the child (whether by a court or
otherwise).
(8) For
Article 13(6) (parental agreement) there is substituted –
(6) Paragraph (7)
applies in the case of a child whose father does not have parental
responsibility for the child.
(7) The
Court must, before making an order under this Article, satisfy itself in
relation to any person claiming to be the father of the child that –
(a) the
person has no intention, within the next 6 months,
of applying for –
(i) registration as
the father of the child under Part 5 of the Marriage and Civil Status Law,
or
(ii) parental
responsibility under Article 9C of the Children Law; or
(b) if
the person did make an application under sub-paragraph (a)(ii) it would be
likely to be refused.
(8) The
Court must, before making an order under this Article in the case of a child
who has a second parent who does not have parental responsibility for the
child, the Court must satisfy itself, in relation to a person claiming to be
the second parent of the child that –
(a) the
person has no intention, within the next 6 months,
of applying for –
(i) registration as
the second parent of the child under Part 5 of the Marriage and Civil
Status Law, or
(ii) parental
responsibility Article 9D of the Children Law; or
(b) if
the person did make an application under sub-paragraph (a)(ii) it would be
likely to be refused.
(9) In
Article 22(1) and (2) (orders and agreements for maintenance of
illegitimate children) after “the father” there is inserted
“or second parent”.
(10) In
Article 25 (registration of adoptions) –
(a) for
paragraph (1) there is substituted –
(1) Every
adoption order must –
(a) contain
a direction to the Superintendent Registrar to make an entry in the Adopted
Children Register containing the information specified in Schedule 1; and
(b) specify
the particulars to be entered in accordance with items 2 to 13 of that
Schedule.
(b) for
paragraph (3) there is substituted –
(3) In
item 5 of Schedule 1, if a child was born in Jersey but the parish in which the
birth took place is not proved to the satisfaction of the Court, or if the
child is treated by virtue of paragraph (2)(b) as born in Jersey, “St. Helier”
must be entered as the parish.
(c) in
paragraph (4) “or the Adoption of Children (Jersey) Law 1947”
is deleted;
(d) in
paragraph (5) for “shall” there is substituted “must”;
(e) in
paragraph (6) –
(i) for “The
Judicial Greffier shall” there is substituted “The Judicial
Greffier must, as soon as reasonably practicable,”, and
(ii) for
“the Superintendent Registrar shall” there is substituted
“the Superintendent Registrar must”.
(11) In
Article 32 (legitimation: marking of entries on re-registration of births)
for “Article 56 or 57 of the Marriage and Civil
Status (Jersey) Law 2001” there is substituted “Article 56,
56A, 56B, 56C or 57 of the Marriage and Civil Status Law”.
(12) For
Schedule 1 (form of entry in Adopted Children Register) there is
substituted –
Schedule 1
(Article 25)
particulars to be entered in the adopted children register
1. Number of
the entry in the register
2. Full name
of child, including any middle names
3. Sex of
child
4. Date of
birth
5. Place of
birth (including, in the case of a child born in Jersey, the parish)
6. Full name
of adopter, including any middle names and birth surname (if applicable)
7. Occupation
of adopter
8. Full name
of adopter, including any middle names and birth surname (if applicable)
9. Occupation
of adopter
10. Address of adopter or
adopters
11. Date of adoption order
12. Date of registration
13. Name of Superintendent
Registrar
2 Aircraft
Registration (Births, Deaths and Missing Persons) (Jersey) Regulations 2015
In Schedule 1 (birth) to the Aircraft Registration (Births, Deaths and
Missing Persons) (Jersey) Regulations 2015 –
(a) in
items 6 and 7 after “father” there is inserted “or
second parent within the meaning of the Children (Jersey) Law 2002”;
(b) in
note (g) for “Except in the circumstances mentioned at (e) above only one
person (usually the mother or father) should act as informant” there is
substituted “Both parents must act as informants”.
3 Bank (Recovery and Resolution) (Jersey) Law
2017 amended
For Article 116(3)(a)
(definitions relating to transactions at an undervalue and preferences) of the Bank (Recovery and
Resolution) (Jersey) Law 2017 there is substituted –
(a) a
relationship of the half-blood is treated as a relationship of the whole blood;
(aa) the
following are treated as the child of an individual –
(i) the
person’s stepchild,
(ii) the
person’s adopted child,
(iii) a
child of a person who is the child’s father under Schedule A1
(fertility treatment and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child of a person who is the child’s second parent under that Schedule,
(v) a child who is the subject
of a parental order or a recognition order (having the meanings given to those
terms in that Law), in which the person is named as the child’s parent;
and
4 Bankruptcy (Désastre) (Jersey) Law 1990 amended
For Article 17B(3)(a)
(certain definitions in respect of Articles 17 and 17A) of the Bankruptcy
(Désastre) (Jersey) Law 1990 there is substituted –
(a) a
relationship of the half-blood is treated as a relationship of the whole blood;
(aa) the
following are treated as the child of a person –
(i) the
person’s stepchild,
(ii) the
person’s adopted child,
(iii) a
child of a person who is the child’s father under Schedule A1 (fertility
treatment and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child of a person who is the child’s second parent under that Schedule,
(v) a child who is the
subject of a parental order or a recognition order within the meaning of that
Law, in which the person is named as the child’s parent; and
5 Capacity and Self-Determination (Capacity and
Liberty – Assessors) (Jersey) Regulations 2018 amended
In Regulation 2 (assessors –
criteria for appointment) of the Capacity and
Self-Determination (Capacity and Liberty – Assessors) (Jersey) Regulations 2018 –
(a) in
paragraph (2) “and for these purposes a relationship of the
half-blood shall be treated as a relationship of the whole blood and the
stepchild or adopted child of a person as his or her child” is deleted;
(b) after
paragraph (2) there is inserted –
(2A) For
the purposes of paragraph (2) –
(a) a
relationship of the half-blood is treated as a relationship of the whole blood;
(b) the
following are treated as the child of a person –
(i) the
person’s stepchild,
(ii) the
person’s adopted child,
(iii) a
child who is the subject of a parental order or a recognition order within the
meaning of the Children
(Jersey) Law 2002 in which the person is named as the child’s
parent.
6 Capacity and Self-Determination (Jersey) Law
2016 amended
(1) This
Regulation amends the Capacity
and Self-Determination (Jersey) Law 2016.
(2) In
Article 7(1) (excluded decisions) –
(a) for
sub-paragraph (a)(vii) there is substituted –
(vii) the person
undergoing fertility treatment that might result in the person becoming
pregnant, or
(viii) another person
undergoing fertility treatment that would or might result in the person
becoming a parent under the circumstances set out in Schedule A1 (fertility
treatment and artificial insemination) of the Children (Jersey) Law 2002;
or
(b) after
sub-paragraph (b) there is inserted –
(c) a
decision to be made, on behalf of another person, that would result in the
person becoming a parent under Schedule A1 of the Children (Jersey) Law 2002.
(3) In
Article 27(2) (specific provision which may be made under this Part as to
P’s health and welfare) after sub-paragraph (c) there is
inserted –
(d) consent
to the making of a parental order or a recognition order (within the meaning of
the Children (Jersey)
Law 2002) in P’s name; or
(e) consent
to the including of P’s name as a second parent or father on a
child’s birth certificate under Schedule A1 to that Law.
7 Civil Partnership (Jersey) Law 2012 amended
In Schedule 2
(prohibited degrees of relationship) to the Civil Partnership
(Jersey) Law 2012 –
(a) for
the list in paragraph (1) there is substituted –
Adoptive child
Child
Child via parental order
Former adoptive child
Former child via parental order
Grandchild
Adoptive grandchild
Grandchild via parental order
Former grandchild via parental order
Parent’s sibling
Sibling of a person who is a parent via parental order
Sibling
Sibling via parental order
Sibling of the child of a person who is a parent via parental order.
(b) for
the list in paragraph 3(b) there is substituted –
Adoptive child of former civil partner
Child via parental order of former civil partner
Adoptive child of former spouse
Child via parental order of former spouse
Adoptive grandchild of former civil partner
Grandchild via parental order of former civil partner
Adoptive grandchild of former spouse
Grandchild via parental order of former spouse
Child of former civil partner
Child of former spouse
Grandchild of former civil partner
Grandchild of former spouse.
(c) for
paragraph 4 there is substituted –
“child of the family”,
in relation to another person, means a person who –
(a) has
lived in the same household as that other person; and
(b) has
been treated by that other person as a child of that person’s family;
“via parental order”
means –
(a) a
parental order or a recognition order, within the meanings given in the Children (Jersey) Law
2002, has been made conferring parental responsibility in respect of a
child; and
(b) the
child is treated in law as the child of the person conferred with parental
responsibility under that order.
8 Companies
(Jersey) Law 1991 amended
In the Companies (Jersey) Law 1991 –
(a) in
Article 1(1) (interpretation) after the definition “paid up”
there is inserted –
“parental order” has
the meaning given in Article 1(1) of the Children (Jersey) Law 2002
and includes a recognition order made under Article 9N of that Law;
(b) after
Article 58A(9) (Treasury shares) there is inserted –
(10) In
paragraph (9) the following are treated as the child of a
person –
(a) the
person’s adopted child;
(b) a
child who is the subject of a parental order in which the person is named as
the child’s parent.
(c) in
Article 74ZA(2) (persons connected with director for purposes of Article 74) –
(i) in sub-paragraph (c)
for “step-children” there is substituted “stepchildren, including
adopted children and children the subject of a parental order in which the
director is named as their parent”,
(ii) in
sub-paragraph (d) for “step-children” in both places there is
substituted “stepchildren”;
(d) for
Article 176B(3)(a) (definitions relating to transactions at an undervalue
and preferences) there is substituted –
(a) a
relationship of the half-blood is treated as a relationship of the whole blood;
(aa) the
following are treated as the child of a person –
(i) the
person’s stepchild,
(ii) the
person’s adopted child,
(iii) a
child of a person who is the child’s father under Schedule A1 (fertility
treatment and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child of a person who is the child’s second parent under that Schedule,
(v) a child who is the
subject of a parental order, in which the person is named as the child’s
parent; and
9 Control of Housing and Work (Residential and
Employment Status) (Jersey) Regulations 2013 amended
For Regulation 2(7)
(conditions for Entitled status and loss of status) of the Control of Housing and
Work (Residential and Employment Status) (Jersey) Regulations 2013
there is substituted –
(7) In
this Regulation “child” includes –
(a) a
child adopted under an adoption order made by a court of competent jurisdiction
in the British Islands or elsewhere; and
(b) a
child who is the subject of a parental order under the Children (Jersey) Law 2002
or a parental order made under the Human Fertilisation and Embryology Act 2008
of the United Kingdom, made by a court referred to in sub-paragraph (a).
10 Criminal
Law (Child Abduction) (Jersey) Law 2005
(1) This
Regulation amends the Criminal
Law (Child Abduction) (Jersey) Law 2005.
(2) For
Article 1(1) (interpretation) there is substituted –
“care order”, “guardian”, “parental responsibility”, “parent”, “residence order” and “second parent” have the same meanings as
in Article 1(1) of the Children Law;
“Children Law”
means the Children
(Jersey) Law 2002;
“parental order”
has the meaning given in Article 1(1) of the Children Law and includes a recognition
order made under Article 9N of that Law.
(3) In
Article 2 (abduction of child by parent etc.) –
(a) in
paragraph (2)(b) after “to each other” there is inserted
“, or civil partners of each other,”;
(b) in
paragraph (2) after paragraph (e) there is inserted –
(f) the
person is the second parent of the child.
(c) in
paragraph (3)(a) after clause (iv) there is inserted –
(v) a person who is a
second parent of the child;
(4) For
Article 3(2) (abduction of child by other persons) there is
substituted –
(2) The
offence in paragraph (1) does not apply to –
(a) the
child’s parents, if they were married to each other, or civil partners of
each other, at the time of the child’s birth;
(b) the
child’s mother, if, at the time of the child’s birth, she was
not –
(i) married to or the
civil partner of the child’s father, or
(ii) married
to or the civil partner of the child’s second parent;
(c) a
guardian of the child;
(d) a
person in whose favour a residence order is in force with respect to the child;
(e) a
person in whose favour a parental order is in force with respect to the child;
(f) a
person who is the child’s second parent; or
(g) a
person who has custody of the child.
(5) In
Article 3(3)(a) for “were not married to each other” there is substituted
“were not married to each other, nor civil partners of each
other,”.
(6) After
Article 3(3)(a) there is inserted –
(aa) the
person is the child’s second parent, and the second parent and mother of
the child were not married or in a civil partnership at the time of the
child’s birth; or
(7) In
the Schedule (modifications of “appropriate consent” for the
purposes of Article 2) at the end there is inserted –
|
6.
|
A child who is the subject of a pending
application for a parental order.
|
The leave of the Royal Court.
|
11 Criminal
Procedure (Jersey) Law 2018
amended
For Article 68(1) (non-selection of person for jury service -
family relationship) of the Criminal Procedure (Jersey) Law 2018 there is
substituted –
(1) This
Article applies if it appears to the Bailiff that the panel list contains both
of –
(a) a
parent and child;
(b) 2
persons married to each other;
(c) 2
persons in a civil partnership with each other;
(d) 2
siblings.
12 Data
Protection (Jersey) Law 2018
In Article 61(8) (health, education and social work) of the Data Protection (Jersey) Law 2018 for the definition
“proceedings relating to families or children” there is substituted –
“proceedings relating to families or children”
includes proceedings relating to –
(a) adoption;
(b) matrimonial
matters;
(c) guardianship;
(d) the
making of parental orders under Article 9G of the Children (Jersey) Law 2002; or
(e) the
making of recognition orders under Article 9N of that Law;
13 Education
(Grants and Allowances) (Jersey) Order 2018 amended
In the Education (Grants and Allowances) (Jersey) Order 2018 –
(a) in
Article 1 (interpretation) for the definition “parent” there
is substituted –
(b) in
Article 2(1)(e) (dependent and independent students) “natural or
adoptive” is deleted.
14 Employers’
Liability (Compulsory Insurance) (Jersey) Law 1973 amended
In Article 1(2)(a) (interpretation) of the Employers’ Liability (Compulsory
Insurance) (Jersey) Law 1973 for “father, mother” there is
substituted “parent (as defined in Article 1(1) of the Children (Jersey) Law 2002)”.
15 Employment (Jersey) Law 2003 amended
(1) This Regulation amends
the Employment (Jersey) Law 2003.
(2) In Article 1(1)
(interpretation and application) after the definition “officer acting for
the purposes of this Law” there is inserted –
“parental order” has the meaning given in
Article 1(1) of the Children (Jersey) Law 2002 and includes a recognition
order made under Article 9N of that Law;
(3) After Article 31(3)(c)(ii)
(the right not to suffer detriment) there is inserted –
(iia) the
making of a parental order in respect of a child,
(4) In Article 55A(1)
(interpretation for the purposes of Part 5A) –
(a) before
the definition “adopter” there is inserted –
“2002 Law” means the Children (Jersey) Law 2002;
“2008 Act” means the Human Fertilisation
and Embryology Act 2008 of the United Kingdom;
(b) in
the definition “childbirth” for “surrogate parent”
there is substituted “receiving parent”;
(c) for
the definition “parental responsibility” there is
substituted –
“parental responsibility” has the meaning
given by Article 1(1) of the 2002 Law;
(d) for
the definition “partner” there is substituted –
“partner”, in the case of parental leave
or parental bereavement leave, means a person (whether of a different sex or
the same sex) who –
(a) lives
with a parent, adopter or receiving parent and the child in an enduring family
relationship; and
(b) is
not the parent’s or adopter’s or receiving parent’s relative;
(e) after
the definition “partner” there is inserted –
(f) in
the definition “relative” for “surrogate” there is
substituted “receiving”;
(g) after
the definition “relative” there is inserted –
“second parent”
has the meaning given by Article 1(1) of the 2002 Law;
(h) the
definition “surrogate parent” is deleted.
(5) In Article 55B(4)(c)
(right to time off for ante-natal or pre-adoption appointments) –
(a) in
clause (ii) after “father” there is inserted “or second
parent”;
(b) for
clause (iii) there is substituted –
(iii) a
potential applicant for a parental order in respect of the expected child, or
(iv) the
partner of the applicant.
(6) In Article 55D (entitlement
to parental leave) –
(a) in paragraph (2) –
(i) in sub-paragraph (a)
after “mother” there is inserted “or the receiving
parent”,
(ii) in
sub-paragraph (b)(i) for “or adopter” there is substituted
“, adopter or receiving parent”;
(b) For
paragraph (7) there is substituted –
(7) For
the purposes of this Article, if 1 of the conditions in paragraph (7A) is
met, a person has a “qualifying relationship” with –
(a) a
child;
(b) the
child’s mother;
(c) the
child’s adopter; or
(d) a
person named in a parental order in respect of a child.
(7A) The
conditions are that the person is –
(a) at
the date of childbirth, the date of making of a parental order or the date of placement
for adoption, married to, or the civil partner or partner of –
(i) the
child’s mother (but not of a surrogate mother as defined in Article 1(1)
of the Children (Jersey) Law 2002),
(ii) if
only 1 person is matched with the child, the child’s adopter, or
(iii) if
only 1 person is named in the parental order made in respect of the child, that
person;
(b) the
father or second parent of the child; or
(c) a
receiving parent of the child.
(7) In Article 55HA(1)
(parental bereavement leave) –
(a) in
sub-paragraph (b) after “father” there is inserted “or
second parent”;
(b) in
sub-paragraph (d) for “surrogate” there is substituted
“receiving”.
(8) In Article 67(1)
(dismissal for family or other reasons) after sub-paragraph (b) there is
inserted –
(ba) the
fact that a parental order has been made conferring parental responsibility for
a child on the employee;
(9) In Article 71(2)(a)
(replacements) for “or adoption” there is substituted “, adoption
or the making of a parental order”.
16 Fatal Accidents (Jersey) Law 1962 amended
In Article 1
(interpretation) of the Fatal Accidents (Jersey)
Law 1962 –
(a) in
paragraph (1) for the definition “parent” there is
substituted –
“parent” –
(a) has
the meaning given in Article 1(1) of the Children (Jersey) Law 2002;
and
(b) includes
a grandfather or grandmother;
“parental order”
has the meaning given in the Children (Jersey) Law
2002 and includes a recognition order made under Article 9N of that
Law;
(b) before
paragraph (2)(a) there is inserted –
(aa) a person
who is the subject of a parental order is treated as the child of the person or
persons named in the parental order and not as the child of any other person;
17 Financial Services
(Investment Business (Qualifying Segregated Managed Accounts –
Exemption)) (Jersey) Order 2014 amended
In Article 1
(interpretation) of the Financial Services (Investment Business (Qualifying Segregated
Managed Accounts – Exemption)) (Jersey) Order 2014 in the definition “relative” for sub-paragraph (a)
there is substituted –
(a) a
relationship of the half-blood is treated as a relationship of the whole blood;
(aa) the
following are treated as the child of a person –
(i) the
person’s stepchild,
(ii) the
person’s adopted child,
(iii) a
child of a person who is the child’s father under Schedule A1 (fertility
treatment and artificial insemination) to the Children
(Jersey) Law 2002,
(iv) a
child of a person who is the child’s second parent under that Schedule,
(v) a
child who is the subject of a parental order or recognition order (having the
meanings given to those terms in the Children
(Jersey) Law 2002), in which the person is
named as the child’s parent; and
18 Gambling Commission (Jersey) Law 2010 amended
In Schedule 1
(constitution and operation of Commission), paragraph 1(4)(a)(iv)
(appointment of commissioners) to the Gambling Commission
(Jersey) Law 2010 after “adopted by the applicant” there
is inserted “or who is the subject of a parental order or a recognition
order (having the meanings given to those terms in the Children (Jersey) Law 2002)
in which the applicant is named as the child’s parent”.
19 Gender Recognition (Jersey) Law 2010 amended
(1) This
Regulation amends the Gender
Recognition (Jersey) Law 2010.
(2) In
Article 10 (parenthood) for “father or mother” there is
substituted “father, mother or second parent (as defined in Article 1(1)
of the Children
(Jersey) Law 2002)”.
(3) In
the Schedule (alteration of registers) after paragraph 2 there is
inserted –
2A Parental Orders Register
(1) This
paragraph applies if a parental order is entered in the Parental Orders
Register in respect of a person to whom a full certificate is issued.
(2) The
Court must send a copy of the certificate to the Superintendent Registrar.
(3) The
Superintendent Registrar must amend the entry for the person in the Parental
Orders Register to record –
(a) the
person’s acquired gender; and
(b) the
person’s acquired name.
(4) The
Superintendent Registrar must amend the index to the Parental Orders Register
to accord with the requirements of sub-paragraph (3).
(5) The
amendments made under sub-paragraphs (3) and (4) must be made in a way
that the reason for re-registration would not be disclosed –
(a) to a
person searching the index; or
(b) in a
certified copy of the entry in the Parental Orders Register.
(6) If,
under Article 6, there is a correction of a certificate that affects the
person’s acquired name –
(a) the
Court must send a copy of the corrected certificate to the Superintendent
Registrar; and
(b) the
Superintendent Registrar must cause the amended entry made under
sub-paragraph (3) to be corrected accordingly.
(7) If,
under Article 7, a certificate is revoked –
(a) the
Court must send a copy of its order revoking the certificate to the
Superintendent Registrar; and
(b) the
Superintendent Registrar must cancel any entries and markings made under
sub-paragraph (3) or (4).
20 Incorporated Limited Partnerships (Jersey)
Regulations 2011 amended
In Regulation 47(3) (definitions
relating to transactions at an undervalue and preferences) of the Incorporated Limited
Partnerships (Jersey) Regulations 2011 for sub-paragraph (a)
there is substituted –
(a) a
relationship of the half-blood is treated as a relationship of the whole blood;
(aa) the
following are treated as the child of a person –
(i) the
person’s stepchild,
(ii) the
person’s adopted child,
(iii) a
child of a person who is the child’s father under Schedule A1 (fertility
treatment and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a child
of a person who is the child’s second parent under that Schedule,
(v) a child who is the
subject of a parental order or a recognition order (having the meanings given to
those terms in the Children
(Jersey) Law 2002), in which the person is named as the child’s
parent; and
21 Limited
Liability Companies (Winding Up and Dissolution) (Jersey) Regulations 2022 amended
For Regulation 32(2)(b)
(interpretation) of the Limited Liability
Companies (Winding Up and Dissolution) (Jersey) Regulations 2022 there
is substituted –
(b) a
person is a relative of an individual if the person is that individual’s
brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal
descendant, for which purpose –
(i) a relationship of
the half-blood is treated as a relationship of the whole blood,
(ii) the
following are treated as the child of a person –
(A) the
person’s stepchild,
(B) the
person’s adopted child,
(C) a
child of a person who is the child’s father under Schedule A1 (fertility
treatment and artificial insemination) to the Children (Jersey) Law 2002,
(D) a child of
a person who is the child’s second parent under that Schedule,
(E) a
child who is the subject of a parental order or a recognition order (having the
meanings given to those terms in the Children (Jersey) Law
2002), in which the person is named as the child’s parent; and
(iii) an
illegitimate child is to be treated as the legitimate child of the
child’s mother and the person regarded as the father;
22 Marriage and Civil Status (Jersey) Law 2001 amended
In Schedule 1
(relations whom it is prohibited to marry) to the Marriage and Civil
Status (Jersey) Law 2001 –
(a) for
paragraph 1(2) and (3) there is substituted –
(2) The
list referred to in sub-paragraph (1) is as follows –
Adoptive child
Child
Child via parental order
Former adoptive child
Former child via parental order
Grandchild
Adoptive grandchild
Grandchild via parental order
Former grandchild via parental order
Parent’s sibling
Sibling of a person who is a parent via parental order
Sibling
Sibling via parental order
Sibling’s child
Sibling of the child of a person who is a parent via parental order
(3) In
the list in sub-paragraph (2) –
“sibling” means a brother, sister, half-brother or
half-sister;
“via parental order” means –
(a) a
parental order or a recognition order, within the meanings given in the Children (Jersey) Law
2002, has been made conferring parental responsibility in respect of a
child; and
(b) the
child is treated in law as the child of the person conferred with parental
responsibility under that order.
(b) for
paragraph 2(2) there is substituted –
(2) The
list referred to in sub-paragraph (1) is –
Adoptive child of former civil partner
Child via parental order of former civil partner
Adoptive child of former spouse
Child via parental order of former spouse
Adoptive grandchild of former civil partner
Grandchild via parental order of former civil partner
Adoptive grandchild of former spouse
Grandchild via parental order of former spouse
Child of former civil partner
Child of former spouse
Grandchild of former civil partner
Grandchild of former spouse
(3) In
the list in sub-paragraph (2) “via parental order”
means –
(a) a
parental order is made under Article 9G of the Children (Jersey)
Law 2002, or a recognition order is made under Article 9N of that
Law, conferring parental responsibility in respect of a child; and
(b) the
child is treated in law as the child of the person conferred with parental
responsibility under that order.
23 Marriage and Civil Status (Jersey) Order 2018 amended
In Schedule 1A (particulars
to be recorded in the Parental Orders Register) to the Marriage and Civil
Status (Jersey) Order 2018 –
(a) for
item 7 there is substituted –
7. Full name of
parent, including any middle names and birth surname (if applicable)
(b) for
item 9 there is substituted –
9. Full name of
parent, including any middle names and birth surname (if applicable)
(c) item 11
is deleted.
24 Mental Health (Jersey) Law 2016 amended
(1) This
Regulation amends the Mental
Health (Jersey) Law 2016.
(2) In
Article 1(1) (interpretation) –
(a) after
the definition “nearest person” there is inserted –
“parental order”
has the meaning given in the Children (Jersey) Law 2002 and includes a recognition order made under Article 9N
of that Law;
(b) after
the definition “responsible medical officer” there is inserted –
(3) In
Article 8 (definition of ‘nearest relative’) –
(a) for
paragraph (3)(c) there is substituted –
(c) father,
mother or second parent;
(b) in
paragraph (5) –
(i) after
sub-paragraph (b) there is inserted –
(ba) a person
who is the subject of a parental order is treated as the child of the person or
persons named in the parental order;
(ii) for
sub-paragraph (c)(ii) there is substituted –
(ii) if
the child’s father or second parent has parental responsibility for the
child, as the child of their father or second parent.
(c) in
paragraph (6)(c) for “father or mother of the patient” there
is substituted “father, mother or second parent of the patient”.
(4) For
Article 9(4)(b) (‘nearest relative’ of certain patients aged
under 18) there is substituted –
(b) by
virtue of a separation agreement made between –
(i) the
patient’s father and mother,
(ii) the
patient’s father and second male parent,
(iii) the
patient’s mother and second female parent, or
(iv) the
people named as the patient’s parents in a parental order,
25 Nursing Homes (Jersey) Law 1994 amended
In Article 2
(meaning of “relative”) of the Nursing Homes (Jersey)
Law 1994 –
(a) for
paragraph (1)(c) there is substituted –
(c) father,
mother or second parent;
(b) for paragraph (2)(a)
there is substituted –
(a) a
relationship by marriage or civil partnership is treated as a relationship by blood;
(aa) a
relationship of the half-blood is treated as a relationship of the whole blood;
(ab) the
following are treated as the child of a person –
(i) the
person’s stepchild,
(ii) the
person’s adopted child,
(iii) a
child who is the subject of a parental order or a recognition order (having the
meanings given to those terms in the Children (Jersey) Law 2002),
in which the person is named as the child’s parent; and
26 Public Employees (Contributory Retirement Scheme)
(Jersey) Regulations 1967 amended
In Regulation 1(1) (interpretation)
of the Public Employees
(Contributory Retirement Scheme) (Jersey) Regulations 1967 –
(a) in
the definition “child” –
(i) for sub-paragraph (a)
there is substituted –
(a) a
child of that individual whether or not born of a marriage or civil partnership
entered into by that individual;
(ii) after
sub-paragraph (c) there is inserted –
(ca) a child
subject to a parental order in which the person is named as the child’s
parent; or
(b) after
the definition “normal retiring age” there is inserted –
“parental order”
has the meaning given in Article 1(1) of the Children (Jersey) Law 2002
and includes a recognition order made under Article 9N of that Law;
(c) for
the definition “relations” there is substituted –
“relations”
means –
(a) the
widow, widower or surviving civil partner of the contributory member or any
former husband, wife or civil partner of the contributory member;
(b) a
child of the contributory member, including –
(i) a stepchild,
(ii) a
legally adopted child,
(iii) a
child via 1 of Circumstances A to D in Schedule A1 (fertility treatment
and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child named in a parental order in which the member is named as the
child’s parent, and
(v) a child to whom, in the
opinion of the Committee of Management, the contributory member or other person
as appropriate stands, or would but for the contributory member’s death
have stood, in loco parentis;
(c) the
surviving spouse or surviving civil partner of a child under sub-paragraph (b);
(d) a
descendent of a child under sub-paragraph (b), and the surviving spouse or
surviving civil partner of that descendent;
(e) a
parent or other ancestor of the contributory member and the surviving spouse or
surviving civil partner of that parent or ancestor; and
(f) a
sibling of the contributory member, including –
(i) a whole blood or half-blood
sibling,
(ii) an
adoptive sibling,
(iii) a
sibling via 1 of the Circumstances A to D in Schedule A1 (fertility
treatment and artificial insemination) to the Children (Jersey) Law 2002,
and
(iv) a
sibling via parental order ;
(d) after
the definition “United Kingdom transferring arrangement” there is
inserted –
“via parental order”
means –
(a) a
parental order has been made conferring parental responsibility in respect of a
child; and
(b) the
child is treated in law as the child of the person conferred with parental
responsibility under that order.
27 Public Employees (Contributory Retirement
Scheme) (Existing Members) (Jersey) Regulations 1989 amended
In Regulation 1
(interpretation) of the Public
Employees (Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989 –
(a) in
the definition “child” –
(i) for sub-paragraph (a)
there is substituted –
(a) a
child of that individual whether or not born of a marriage or civil partnership
entered into by that individual;
(ii) after
sub-paragraph (c) there is inserted –
(ca) a child
subject to a parental order in which the person is named as the child's parent;
or
(b) after
the definition “normal retiring age” there is inserted –
“parental order”
has the meaning given in Article 1(1) of the Children (Jersey) Law 2002
and includes a recognition order made under Article 9N of that Law;
(c) for
the definition “relations” there is substituted –
“relations”
means –
(a) the
widow, widower or surviving civil partner of the member or any former husband,
wife or civil partner of the member;
(b) a
child of the member, including –
(i) a stepchild,
(ii) a
legally adopted child,
(iii) a
child via 1 of Circumstances A to D in Schedule A1 (fertility treatment
and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child named in a parental order in which the member is named as the
child’s parent, and
(v) a child to whom in the
opinion of the Committee the member or other person as appropriate stands, or
would but for the member’s death have stood, in loco parentis;
(c) the
surviving spouse or surviving civil partner of a child under sub-paragraph (b);
(d) a
descendent of a child under sub-paragraph (b), and the surviving spouse or
surviving civil partner of that descendent;
(e) a
parent or other ancestor of the member and the surviving spouse or surviving
civil partner of that parent or ancestor; and
(f) a
sibling of the member, including –
(i) a whole blood or
half-blood sibling,
(ii) an
adoptive sibling,
(iii) a
sibling via 1 of Circumstances A to D in Schedule A1 (fertility treatment
and artificial insemination) to the Children (Jersey) Law 2002,
and
(iv) a
sibling via parental order;
(d) after
the definition “United Kingdom transferring arrangement” there is
inserted –
“via parental order”
means –
(a) a
parental order has been made conferring parental responsibility in respect of a
child; and
(b) the
child is treated in law as the child of the person conferred with parental responsibility
under that order.
28 Public Employees (Contributory Retirement
Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992 amended
In Regulation 1 of
the Public Employees
(Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992 –
(a) in
the definition “child” –
(i) for sub-paragraph (a)
there is substituted –
(a) a
child of that individual whether or not born of a marriage or civil partnership
entered into by that individual;
(ii) after
sub-paragraph (c) there is inserted –
(ca) a
child subject to a parental order in which the person is named as the
child’s parent; or
(b) after
the definition “normal retiring age” there is inserted –
“parental order” has the meaning given in
Article 1(1) of the Children (Jersey) Law 2002 and includes a recognition
order made under Article 9N of that Law;
(c) for
the definition “relations” there is substituted –
“relations” means –
(a) the
widow, widower or surviving civil partner of the member or any former husband,
wife or civil partner of the member;
(b) a
child of the member, including –
(i) a
stepchild,
(ii) a
legally adopted child,
(iii) a
child via 1 of Circumstances A to D in Schedule A1 (fertility treatment
and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child named in a parental order in which the member is named as the
child’s parent, and
(v) a
child to whom in the opinion of the Committee the member or other person as
appropriate stands, or would but for the member’s death have stood, in
loco parentis;
(c) the
surviving spouse or surviving civil partner of a child under sub-paragraph (b);
(d) a
descendent of a child under sub-paragraph (b), and the surviving spouse or
surviving civil partner of that descendent;
(e) a
parent or other ancestor of the member and the surviving spouse or surviving
civil partner of that parent or ancestor; and
(f) a
sibling of the member, including –
(i) a
whole blood or half-blood sibling,
(ii) an
adoptive sibling,
(iii) a
sibling via 1 of the Circumstances A to D in Schedule A1 (fertility
treatment and artificial insemination) to the Children (Jersey) Law 2002, and
(iv) a
sibling via parental order;
(d) after
the definition “United Kingdom transferring arrangement” there is
inserted –
“via parental order” means –
(a) a
parental order has been made conferring parental responsibility in respect of a
child; and
(b) the
child is treated in law as the child of the person conferred with parental
responsibility under that order.
29 Public
Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations
1989
In Regulation 1 (interpretation)
of the Public Employees
(Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989 –
(a) in
the definition “child” –
(i) for sub-paragraph (a)
there is substituted –
(a) a
child of that individual whether or not born of a marriage or civil partnership
entered into by that individual;
(ii) after
sub-paragraph (c) there is inserted –
(ca) a child
subject to a parental order in which the person is named as the child’s
parent; or
(b) after
the definition “normal retiring age” there is inserted –
“parental
order” has the meaning given in Article 1(1)
of the Children
(Jersey) Law 2002 and includes a recognition order made under Article 9N
of that Law;
(c) for
the definition “relations” there is substituted –
“relations”
means –
(a) the
widow, widower or surviving civil partner of the member or any former husband,
wife or civil partner of the member;
(b) a
child of the member, including –
(i) a stepchild,
(ii) a
legally adopted child,
(iii) a
child via 1 of Circumstances A to D in Schedule A1 (fertility treatment
and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child named in a parental order under the Children (Jersey) Law 2002
in which the member is named, and
(v) a child to whom in the
opinion of the Committee the member or other person as appropriate stands, or
would but for the member’s death have stood, in loco parentis;
(c) the
surviving spouse or surviving civil partner of a child under sub-paragraph (b);
(d) a
descendent of a child under sub-paragraph (b), and the surviving spouse or
surviving civil partner of that descendent;
(e) a
parent or other ancestor of the member and the surviving spouse or surviving
civil partner of that parent or ancestor; and
(f) a
sibling of the member, including –
(i) a whole blood or half-blood
sibling,
(ii) an
adoptive sibling,
(iii) a
sibling via 1 of the Circumstances A to D in Schedule A1 to the Children (Jersey) Law 2002,
and
(iv) a
sibling via parental order;
(d) after
the definition “United Kingdom transferring arrangement” there is
inserted –
“via parental order”
means –
(a) a
parental order has been made conferring parental responsibility in respect of a
child; and
(b) the
child is treated in law as the child of the person conferred with parental
responsibility under that order.
30 Public Employees (Pension
Scheme) (Membership and Benefits) (Jersey) Regulations 2015 amended
(1) This
Regulation amends the Public Employees
(Pension Scheme) (Membership and Benefits) (Jersey) Regulations 2015.
(2) In
Regulation 1 (interpretation) –
(a) after
the definition “opening balance” there is inserted –
“parental order”
has the meaning given in Article 1(1) of the Children (Jersey) Law
2002 and includes a recognition order made under Article 9N of that
Law;
(b) after
the definition “uniformed member” there is inserted –
“via parental order”
means –
(a) a
parental order has been made conferring parental responsibility in respect of a
child; and
(b) the child is treated in
law as the child of the person conferred with parental responsibility under
that order.
(3) For
Regulation 2(1) (meaning of “eligible child”) there is
substituted –
(1) An
“eligible child”, in relation to a deceased active, deferred or
pensioner member, means a child who –
(a) meets
1 of the descriptions in paragraph (1A); and
(b) meets
any of the conditions in paragraph (2).
(1A) The
descriptions are –
(a) an
adopted child of the member who was born before the member’s death;
(b) a
child of the member, born before the member’s death or within 12 months
after the member’s death, who is –
(i) a natural child,
(ii) a
child via 1 of Circumstances A to D under Schedule A1 (fertility treatment
and artificial insemination) to the Children (Jersey) Law 2002,
or
(iii) a
child subject to a parental order in which the member is named as the
child’s parent;
(c) a
stepchild or child accepted by the deceased member as a member of the family,
who was dependent on the member at the date of death.
(4) In
Regulation 49(2) (bankruptcy and non-assignment of Scheme benefits) –
(a) in
sub-paragraph (a) for “, if that child is a natural or adopted child
of that member, or is a stepchild or child accepted by that member as a member
of the family and” there is substituted “to whom sub-paragraph (aa)
applies and who”; and
(b) after
sub-paragraph (a) there is inserted –
(aa) This
sub-paragraph applies to –
(i) a natural child,
(ii) an
adopted child,
(iii) a
child via 1 of Circumstances A to D under Schedule A1 to the Children (Jersey) Law 2002,
(iv) a
child who is the subject of a parental order in which the member is named as
the child’s parent, or
(v) a stepchild or child
accepted by the member as a member of the family.
31 Regulation of Care (Jersey) Law 2014 amended
In Schedule 1 (regulated
activities) to the Regulation
of Care (Jersey) Law 2014 –
(a) in
paragraph 2 –
(i) for the
definition “parent” there is substituted –
“parent” has the
meaning given in Article 1(1) of the Children Law and includes a
child’s guardian appointed under Article 7 of that Law;
(ii) the
definition “parental responsibility” is deleted;
(b) in
paragraph 11(2)(a) for “mother or father” there is substituted
“mother, father or second parent (as defined in Article 1(1) of the
Children Law)”.
32 Regulation of Care
(Standards and Requirements) (Jersey) Regulations 2018 amended
(1) This
Regulation amends the Regulation of Care
(Standards and Requirements) (Jersey) Regulations 2018.
(2) In
Regulation 32 (application and interpretation of Part) for paragraph (5)
there is substituted –
(5) In
this Part and Schedules 1 to 3 –
“child’s permanence
report” has the meaning given in Regulation 41;
“medical adviser”
means a doctor appointed under Regulation 33;
“parent” means a
person with parental responsibility for a child and includes –
(a) the
child’s mother;
(b) the
child’s biological father;
(c) a man
who is the child’s father under Schedule A1 (fertility treatment and
artificial insemination) of the Children Law;
(d) a
woman who is the child’s second parent under Schedule A1 of the
Children Law;
(e) a
person named in a parental order as the child’s parent;
“parental order”
has the meaning given in Article 1(1) of the Children (Jersey) Law
2002 and includes a recognition order made under Article 9N of that
Law;
“proposed placement”
has the meaning given in Regulation 54;
“prospective adopter’s
assessment plan” means a plan prepared under Regulation 49;
“prospective adopter’s
matching plan” means a plan prepared under Regulation 53;
“prospective adopter’s
plan” means a plan prepared under Regulation 43;
“prospective adopter’s
report” means a report prepared under Regulation 50;
“prospective adopter’s
review report” means a report prepared under Regulation 52
“second parent”
has the meaning given in Article 1(1) of the Children (Jersey) Law 2002.
(6) Words
or expressions not otherwise defined in the Law or
these Regulations have the meanings given to them in the Adoption Law or the
Children Law, as the case may be.
(3) For
Regulation 38(4) and (5) (requirement to provide counselling and
information for, and ascertain wishes and feelings of, the parent or guardian
of the child and others) there is substituted –
(4) Paragraph (5)
applies if the adoption service knows of a person (“P”) who would
be a parent of the child if they had parental responsibility.
(5) If
the registered person is satisfied it is appropriate to do so, the registered
person must –
(a) carry
out in respect of P the requirements of paragraph (2); and
(b) ascertain
as far as possible if P –
(i) wishes to acquire
parental responsibility for the child under Part 1A of the Children Law,
or
(ii) intends
to apply for a residence order or a contact order under Article 10 of the
Children Law with respect to the child.
(4) In
Regulation 41(3) (requirement to prepare child’s permanence report) –
(a) for
sub-paragraph (d) there is substituted –
(d) the
wishes and feelings of the following regarding the matters ascertained under
Regulation 38(2)(c) –
(i) the child’s
parent or guardian,
(ii) if
Regulation 38(5) applies, P, and
(iii) any
other person the registered person considers relevant;
(b) for
sub-paragraph (g) there is substituted –
(g) an
assessment of the parenting capacity of –
(i) the child’s
parent or guardian, or
(ii) if
Regulation 38(5) applies, P;
(5) For
Regulation 42(2)(c) (requirement to consider Adoption Panel’s
recommendation) there is substituted –
(c) if
their whereabouts are known to the adoption service, notify in
writing –
(i) the parent or
guardian, and
(ii) if
Regulation 38(4) applies and the agency considers it appropriate, P.
(6) For
Regulation 55(3)(c) (requirements in respect of adoption service’s
decision in relation to proposed placement) there is substituted –
(c) if
Regulation 38(4) applies and the registered person considers it is
appropriate, notify P in writing of the fact that the child is to be placed for
adoption; and
(7) In
Schedule 1 (information relating to the child) –
(a) for
Part 1 paragraph 1(13) there is substituted –
(13) The
current arrangements for and the type of contact between the child and –
(a) the
child’s parent or guardian;
(b) an
individual with parental responsibility for the child;
(c) a
person who would be a parent of the child if they had parental responsibility;
(d) any
relative, friend or other individual.
(b) in
Part 3 –
(i) for paragraph 4
there is substituted –
4 Interpretation
of this Part
In this Part, “parent” means –
(a) a
parent as defined in Regulation 32; and
(b) a
person who would be a parent of the child if they had parental responsibility.
(ii) in
paragraph 8(3) after “father” there is inserted “or
second parent”,
(iii) for
paragraph 8(4) there is substituted –
(4) If
the identity or whereabouts of the child’s father or second parent are
not known, the information about the father or second parent that has been ascertained
and from whom, and the steps that have been taken to establish parenthood.
(c) in Part 4
for paragraph 10 there is substituted –
9A Interpretation
of this Part
“biological parent”
means a person whose sperm or eggs contributed to the genetic makeup of the
child, whether or not that person is the child’s parent;
“biological sibling”
means a person, other than the child, who is the issue of 1 or both of the
biological parents;
“second parent”
has the meaning given in Article 1(1) of the Children (Jersey) Law
2002.
10 Information
relating to the health of the child’s biological parents and biological
siblings
(1) Name,
date of birth, sex, weight and height of each biological parent.
(2) A
health history of each biological parent, including details of any serious
physical or mental illness, any hereditary disease or disorder, drug or alcohol
misuse, disability, accident or hospital admission and in each case any treatment
given if the adoption service considers that information to be relevant.
(3) A
health history of the child’s biological siblings with details of any
serious physical or mental illness and any hereditary disease or disorder.
(4) A
summary of the birth mother’s obstetric history, including any problems
in the ante-natal, labour and post-natal periods, with the results of any tests
carried out during or immediately after the pregnancy.
(5) Details
of any present illness, including treatment and prognosis.
(6) Any
other relevant information that may assist the Adoption Panel and adoption
service.
(8) For
Schedule 2 (information relating to prospective adopter), paragraph 3(19)(h)
there is substituted –
(h) views
and feelings about contact between the child and –
(i) the child’s
parent or guardian,
(ii) another
individual with parental responsibility for the child,
(iii) a
person who would be a parent of the child if they had parental responsibility,
(iv) any
relative, friend or other individual.
33 Sexual Offences (Jersey) Law 2018 amended
In Article 34(2) (penetrative sex with a blood relative by
persons aged 16 or older) of the Sexual Offences (Jersey) Law 2018 –
(a) in
the introductory text “and (d)” is deleted;
(b) for
sub-paragraph (b) there is substituted –
(b) has
that relationship without reliance on –
(i) marriage
or civil partnership,
(ii) adoption,
(iii) Schedule A1
(fertility treatment and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
parental order as defined in Article 1(1) of that Law, or
(v) a
recognition order as defined in that Article.
34 Social
Security (Claims and Payments) (Jersey) Order 1974 amended
(1) This Regulation amends
the Social Security (Claims and
Payments) (Jersey) Order 1974.
(2) In Article 13(4)(a)
(time for claiming benefit) after “occurring” there is inserted
“, or a parental order being made,”.
(3) In Schedule 2,
Part 1, in item 2 of the table, in each of (a), (b) and (c), in column 2,
for “birth or adoption” there is substituted “birth, adoption
or making of a parental order”.
(4) In Schedule 2,
Part 2, paragraph 2(3) –
(a) for
“born or adopted” there is substituted “born, adopted or the
subject of a parental order”;
(b) for
“that woman” there is substituted “the birth mother of the
child”, in –
(i) sub-paragraph (a),
and
(ii) sub-paragraph (b);
(c) in
the bottom text for “birth or adoption” in each of the 3 places it occurs
there is substituted “birth, adoption or the making of a parental
order”.
35 Social Security (Death Grant) (Jersey) Order
1974 amended
In the Social Security (Death
Grant) (Jersey) Order 1974, in the following places, there is inserted
“or a person who is, or would have been, named in a parental order in
respect of a child under the Children (Jersey) Law 2002” –
(a) in Article 3
(children) after “Adoption (Jersey) Law 1961”;
(b) in Article 4(a)
(persons in full time educational training and incapacitated persons) after
“Adoption
(Jersey) Law 1961”.
36 Social Security (General Benefit) (Jersey)
Order 1975 amended
In Schedule 2
(prescribed relationships) to the Social Security (General
Benefit) (Jersey) Order 1975, in sub-paragraph (a) before
“and” there is inserted “including those who are lineal
descendants or ascendants as a result of Circumstance A, B, C or D described in
Schedule A1 (fertility treatment and artificial insemination) to the Children (Jersey) Law 2002
or as a result of a parental order,”.
37 Social Security (Jersey) Law 1974 amended
(1) This
Regulation amends the Social
Security (Jersey) Law 1974.
(2) In
Article 1 (interpretation) after the definition “parental
grant” there is inserted –
“parental order”
has the meaning given in Article 1(1) of the Children (Jersey) Law
2002 and includes a recognition order made under Article 9N of that
Law;
(3) In
Article 11A (interpretation of Part 3) –
(a) in
paragraph (1) –
(i) in the definition
“birth mother” for “host mother” there is substituted
“surrogate mother”,
(ii) the
definition “host mother” is deleted,
(iii) for
the definition “parent” there is substituted –
“parent” means a
person, other than a surrogate mother, who –
(a) is,
or is to be named on the birth certificate, adoption certificate or parental
order certificate of a child; and
(b) has,
or expects to have, responsibility for the upbringing of the child;
(iv) after
the definition “post-natal period” there is inserted –
“surrogate mother”
means a woman who gives birth to a child who is, or is to be, placed with a receiving
parent (as defined in Article 55A of the Employment Law.
(b) paragraph (3)
is deleted;
(c) after
paragraph (4)(a)(ii) there is inserted –
(iii) “parental
order certificate” means a certificate issued under Article 61A(3)
of the 2001 Law relating to a parental order registration under that Law;
(4) In
Article 21 (entitlement to parental grant) –
(a) in
paragraph (3)(b) –
(i) in clause (ii)
for “adoption” there is substituted “an adoption order or the
making of a parental order”,
(ii) in
clause (iii) for “birth certificate or adoption certificate”
there is substituted “birth certificate, adoption certificate or parental
order certificate”;
(b) in
paragraph (5) at the end there is inserted –
(c) in
the case of the making of a parental order in respect of more than one child as
part of the same arrangement.
(c) in
paragraph (6)(a) after “placement for adoption,” there is
inserted “or the making of a parental order”.
(5) In
Article 22 (entitlement to parental allowance) for “host
mother” there is substituted “surrogate mother”.
(6) In
Article 22A (period for which parental allowance is payable to a parent) –
(a) after
paragraph (1)(b) there is inserted –
(c) the
making of a parental order in respect of more than 1 child as part of the same
arrangement.
(b) in
paragraph (2)(b) for “host” there is substituted “surrogate”;
(c) in paragraph (3) –
(i) in the
introductory text after “adoption date” there is inserted “, expected
date of the making of the parental order or expected”,
(ii) in
sub-paragraph (a) after “adoption date” there is inserted
“or the date the parental order was made”.
(7) In
Article 22C(2) (payment of parental allowance) for “host”
there is substituted “surrogate”.
(8) In
Article 24(7)(a) (survivor’s benefit) after “the
survivor” there is inserted “or a child who is the subject of a
parental order in which the deceased or the survivor is named”.
(9) In
Article 26 (death grant) –
(a) after
paragraph (2)(b) there is inserted –
(c) a
person who would have been the subject of a parental order in which the
deceased would have been named.
(b) after
paragraph (3)(b) there is inserted –
(c) a
person who would have been named in a parental order of which the deceased
would have been the subject.
38 Social Security (Parental
Benefit) (Jersey) Order 2020 amended
(1) This
Regulation amends the Social Security
(Parental Benefit) (Jersey) Order 2020.
(2) For
Article 2(2) (application for parental grant) there is
substituted –
(2) A
person who is entitled to apply for a parental grant must apply to the Minister
within a period that –
(a) begins
on the day that is 13 weeks before –
(i) the week in which
the child is expected to be born or adopted, or
(ii) the
week in which a parental order in relation to the child is expected to be made;
and
(b) ends
on the day that is 6 months after –
(i) the date of the
child’s birth,
(ii) the
child’s adoption date (as defined in Article 22A of the Law), or
(iii) the
date that the parental order in relation to the child is made.
(3) For
Article 7(2) (application for parental allowance) there is
substituted –
(2) A
person who is entitled to apply for parental allowance must apply to the
Minister within a period that –
(a) begins
on the day that is 13 weeks before –
(i) the week in which
the child is expected to be born or adopted, or
(ii) the
week in which a parental order in relation to the child is expected to be made;
and
(b) ends
on the day that is 6 months after –
(i) the date of the
child’s birth,
(ii) the
child’s adoption date (as defined in Article 22A of the Law), or
(iii) the
date that the parental order in relation to the child is made.
(4) In
Article 8(3) and (4) (nomination of parents and period specified for
payment of parental allowance) for “the birth certificate or the adoption
certificate” there is substituted “the birth certificate, the
adoption certificate or the parental order”.
(5) In
Article 10(2)(a)(iii) (disqualification from receipt of parental
allowance) for “host mother” there is substituted “surrogate
mother (as defined in Article 11A of the Law)”.
39 Stamp Duties and Fees (Jersey) Law 1998 amended
In Schedule 1,
paragraph 3 (judicial fees) to the Stamp Duties and Fees
(Jersey) Law 1998,
in the second column of
item 47(a) for “parental responsibility (Article 5(1)(a) and
(2)” there is substituted “parental responsibility or the making of
a parental order (Article 9C(1)(c), 9D(c), 9E(b), 9G(4) and 9N(2)”.
40 Teachers’ Superannuation (Existing
Members) (Jersey) Order 1986 amended
(1) This
Regulation amends the Teachers’
Superannuation (Existing Members) (Jersey) Order 1986.
(2) In
Article 1(1) (interpretation) –
(a) in
the definition “child” for “(including an illegitimate or
adopted child)” there is substituted “(including an illegitimate or
adopted child or a child subject to a parental order in which the person is
named as the child’s parent)”;
(b) after
the definition “organiser” there is inserted –
“parental order”
has the meaning given in Article 1(1) of the Children (Jersey) Law
2002 and includes a recognition order made under Article 9N of that
Law;
(3) In
Article 63(1)(c) (nomination of beneficiaries) for “father or
mother” there is substituted “father, mother or second parent (as
defined in Article 1(1) of the Children (Jersey) Law
2002)”.
41 Teachers’ Superannuation (New Members)
(Jersey) Order 2007 amended
In Article 1
(interpretation) of the Teachers’
Superannuation (New Members) (Jersey) Order 2007 –
(a) in
the definition “child” –
(i) in sub-paragraph (a),
“natural” is deleted,
(ii) after
sub-paragraph (c) there is inserted –
(ca) a child
subject to a parental order in which that individual is named as the
child’s parent;
(b) after
the definition “organiser of teachers” there is
inserted –
“parental order”
has the meaning given in Article 1(1) of the Children (Jersey) Law
2002 and includes a recognition order made under Article 9N of that
Law;
(c) for
the definition “relations” there is substituted –
“relations”
means –
(a) the
widow, widower or surviving civil partner of the member or any former husband,
wife or civil partner of the member;
(b) a
child of the member, including –
(i) a stepchild,
(ii) a
legally adopted child,
(iii) a
child via 1 of Circumstances A to D in Schedule A1 (fertility treatment
and artificial insemination) to the Children (Jersey) Law 2002,
(iv) a
child subject to a parental order in which the member is named as the
child’s parent, and
(v) a child to whom, in the
opinion of the Management Board, the member or other person as appropriate
stands, or would but for the member’s death have stood, in loco parentis;
(c) the
surviving spouse or surviving civil partner of a child under sub-paragraph (b);
(d) a
descendent of a child under sub-paragraph (b), and the surviving spouse or
surviving civil partner of that descendent;
(e) a
parent or other ancestor of the member and the surviving spouse or surviving
civil partner of that parent or ancestor; and
(f) a
sibling of the member, including –
(i) a whole blood or half-blood
sibling,
(ii) an
adoptive sibling,
(iii) a
sibling via 1 of Circumstances A to D in Schedule A1 (fertility treatment and
artificial insemination) to the Children (Jersey) Law 2002,
and
(iv) a
sibling via parental order;
(d) after
the definition “Treasurer” there is inserted –
“via parental order”
means –
(a) a
parental order has been made conferring parental responsibility in respect of a
child; and
(b) the
child is treated in law as the child of the person conferred with parental
responsibility under that order.
42 Wills and Successions (Jersey) Law 1993 amended
In Article 18A (gamete
donors) of the Wills
and Successions (Jersey) Law 1993 –
(a) for
paragraph (2) there is substituted –
(2) Paragraph (1)
does not affect the operation of –
(a) Article 20
of the Adoption
(Jersey) Law 1961 if the child is adopted by the man; or
(b) Article 9G
or Article 9N of the Children (Jersey) Law 2002
if the child becomes subject to a parental order or a recognition order in
which the man is named as the child’s parent.
(b) for
paragraph (4) there is substituted –
(4) Paragraph (3)
does not affect the operation of –
(a) Article 20
of the Adoption
(Jersey) Law 1961 if the child is adopted by the woman first mentioned
in that paragraph;
(b) Article 9G
or Article 9N of the Children (Jersey) Law 2002
if the child becomes subject to a parental order or a recognition order in
which the woman first mentioned in that paragraph is named;
(c) Schedule A1
(fertility treatment and artificial insemination) of the Children (Jersey) Law 2002
if the woman whose ova are used is named on the child’s birth certificate
as the second female parent.
43 Citation
and commencement
These Regulations may be
cited as the Children and Civil Status (Consequential Amendments) (Jersey)
Amendment Regulations 2025 and come into force immediately after the Children
and Civil Status (Amendments) (Jersey) Law 2024.