Adoption (Amendment No. 3) Rules 2012

Made                                                                        15th March 2012

Coming into force                                        in accordance with Rule 5

THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 18 of the Adoption (Jersey) Law 1961[1] and Article 69 of the Civil Partnership (Jersey) Law 2012[2], has made the following Rules –

1        Interpretation

In these Rules “principal Rules” means the Adoption Rules 1962[3].

2        Rule 16 amended

For Rule 16 of the principal Rules there shall be substituted the following Rule –

“16

(1)     Subject to paragraph (2), the Court shall not make an adoption order or an interim order unless the applicant has attended personally before the Court.

(2)     Where the application is made jointly by 2 spouses, or jointly by two civil partners, the Court may dispense with the personal attendance of one of the applicants if the application is verified by a declaration made by that applicant and attested by a person specified in Rule 6(2).”.

3        Schedule 1 amended

(1)     The Forms in Schedule 1 to the principal Rules shall be amended in accordance with this Rule.

(2)     In Form No. 1 –

(a)     for paragraph 4 there shall be substituted the following paragraph –

“4.

I am unmarried/a widow/widower/surviving civil partner/I am [married to] [civil partner of] …………..…. of …..………… / We are [married to] [civil partners of] each other and are the persons to whom the attached [marriage certificate (or other evidence of marriage)] [certificate of civil partnership (or other evidence of the civil partnership] relates.”.

(b)     in paragraph 5 for the words “husband/wife” (in both places they appear) there shall be substituted the words “[husband/wife] [civil partner]”;

(c)     in paragraph 7 after the word “married” there shall be inserted the words “or entered into a civil partnership”;

(d)     in footnote (3) –

(i)      after the word “spouse” there shall be inserted the words “or civil partner”,

(ii)      after the word “spouses” there shall be inserted the words “or civil partners”;

(e)     in footnote (4) after the word “wife” there shall be inserted the words “or jointly by civil partners”.

(3)     In each of Form Nos. 8, 9 and 10 after the words “[and ..................., that person’s wife or husband]” there shall be inserted the words “[and ..................., that person’s civil partner]”.

4        Schedule 2 amended

In Schedule 2 to the principal Rules for sub-paragraph 1(e) there shall be substituted the following sub-paragraph –

“(e)    in the case of an application by one only of 2 spouses, or one only of 2 civil partners, why the other spouse or civil partner, as the case may be, does not join in the application;”.

5        Citation

These Rules may be cited as the Adoption (Amendment No. 3) Rules 2012 and shall come into force immediately after Article 69 of the Civil Partnership (Jersey) Law 2012[4] comes into force.

p. matthews

Deputy Judicial Greffier

 


 



[1]                                    chapter 12.050

[2]                                    L.4/2012

[3]                                    chapter 12.050.50

[4]                                    L.4/2012


Page Last Updated: 16 Jun 2015