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 –
these Rules, unless the context otherwise requires –
“adoption order” includes a provisional
adoption order within the meaning of Article 41 of the Law;
“interim order” means an interim order made
under Article 17 of the Law;
“JFCAS” means the
Jersey Family Court Advisory Service;
“Law” means the Adoption (Jersey) Law 1961;
“Minister” means the
Minister for Health and Social Services.
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.
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.
application for an adoption order shall be made by filing in the Judicial
Greffe an application in Form 1.
proposed adopter shall be the applicant and the persons mentioned in Rule 13
shall be the respondents.
as provided in Rule 10 no person shall be served with a copy of the
notice to be served on every respondent shall be in Form 2 and a copy shall be
served on the guardian ad litem.
note of service or non-service shall be indorsed on a copy of Form 2.
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
Except where the applicant or one
of the applicants is the mother or father 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.
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.
report may, if the applicant so desires, be in Form 4.
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.
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
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.
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.
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
(a) in the case of a document executed in
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.
with agreement of spouse or civil partner
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
applicant must –
(a) give notice of the request in the
application form or at any later stage by lodging with the Judicial Greffe 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
spouse or civil partner cannot be found;
spouse or civil partner is incapable of giving agreement;
spouse or civil partner is unreasonably withholding agreement; or
welfare of the child, as the paramount consideration, justifies the making of
the order without the agreement of the spouse or civil partner.
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.
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 –
spouse or civil partner unless the spouse or civil partner cannot be found;
Fostering and Adoption Service.
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.
of guardian ad litem
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
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.
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
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.
of the guardian ad litem
a view to safeguarding the interests of the child before the Court the guardian
ad litem shall, so far as is reasonably
(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.
completing the investigations the guardian ad litem
shall make a confidential report in writing to the Court.
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.
of the application
the guardian ad litem has made the report to
the Court pursuant to Rule 11(2), the Judicial Greffier, after giving such
directions (if any) as the Judicial Greffier thinks necessary, shall fix a date
for the hearing of the application by the Court.
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 –
person, not being an applicant, whose consent to the making of the order is
required under Article 12(2) of the Law;
person having the rights and powers of a parent of the child by virtue of any
person liable by virtue of any order or agreement to contribute to the
maintenance of the child;
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;
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;
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.
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
to paragraph (2), the Court shall not make an adoption order or an interim
order unless the applicant has attended personally before the Court.
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).
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.
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.
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
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
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.
Every application for an adoption order
shall be heard and determined in camera.
application for a provisional adoption order shall provide evidence of the law
of adoption in the country in which the applicant is domiciled.
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.
the applicant intends to make use of any such affidavit, the applicant shall
file it with the application.
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.
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.
and transmission of orders
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.
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.
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.
Rule applies to an adoption order or an interim order made under the Adoption of Children (Jersey) Law 1947, as it applies to an adoption order or interim order made under the Law.
in relation to overseas adoptions
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.
application shall be made by representation to the Court, which shall
(a) the date and place of the birth of the
person who is the subject of the overseas adoption;
(b) the date and place of any order or other
instrument giving effect to the overseas adoption and the court or other tribunal
or authority which made it;
(c) the grounds on which the application is made
and all material facts in support of the making of the declaration; and
(d) the domicile of the applicant and his or her
place of habitual residence on the date of the filing of the application.
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.
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.
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.
the making of an application or at any other stage of the proceedings the Court
(a) give directions relating to –
appointment of a person or body to act as guardian ad litem of any child who is
a party to the proceedings,
(b) direct that –
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 –
parents or any other person the Court considers to be relevant to the
of information and evidence to the parties.
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.
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
affidavit for the purposes of Rule 25B(2) may contain statements of
information or belief with the sources and grounds thereof.
(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.
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.
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.
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.
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 –
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
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.
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 –
out-of-pocket expenses incurred by the guardian ad
expenses incurred by any respondent in attending the hearing, or such part of
those expenses as the Court thinks proper.
of register and documents
The register in which proceedings
under the Law or under the Adoption of Children
(Jersey) Law 1947, 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.
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.
information to an adopted person
Rule applies where an application to the Court is made under Article 32B
of the Law for copies of documents.
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
(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.
application shall be made by filing in the Judicial Greffe an application in
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.
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
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.
Unless otherwise directed, any
document under these Rules may be served –
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;
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.
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.
These Rules may be cited as the
Adoption Rules 1962.