Adoption (Jersey)
Law 1961[1]
A LAW relating to the adoption of children
Commencement [see endnotes]
Part 1
General
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“adoption order”
has the meaning assigned to it by Article 10;
“adoption rules”
has the meaning assigned to it by Article 18(2);
“Committee” means the Health and Social
Services Committee;[2]
“Court” means the Inferior Number of the
Royal Court;
“father”, in relation to an illegitimate
infant, means the natural father;
“infant” means a person under the age of
majority, but does not include a person who is or has been married;[3]
“mental nursing home” has the same meaning
as in the Nursing and Residential Homes
(Jersey) Law 1994;[4]
“panel” has the meaning assigned to it by
Article 7;[5]
“prescribed” means prescribed by Adoption Rules;
“registered medical practitioner” means a
physician or surgeon registered under the enactments for the time being
regulating the exercise in Jersey of the profession of medical practitioner;
“relative”, in relation to an infant, means
a grand-parent, brother, sister, uncle or aunt, whether of the full blood or
half blood or by affinity, and includes –
(a) where an adoption order has been made in
respect of the infant or any other person by a court of competent jurisdiction
in the British Islands any person who would be a relative of the infant within
the meaning of this definition if the adopted person were the child of the
adopter born in lawful wedlock;
(b) where the infant is illegitimate, the father
of the infant and any person who would be a relative of the infant within the
meaning of this definition if the infant were the legitimate child of the
infant’s mother and father.
(2) For
the purposes of this Law, the upper limit of the compulsory school age shall be
construed in accordance with Article 2 of the Education (Jersey) Law 1999.[6]
(3) For
the purposes of this Law, a person shall be deemed to make arrangements for the
adoption of an infant if the person enters into or makes any agreement or
arrangement for, or for facilitating, the adoption of the infant by any other person,
whether the adoption is effected, or is intended to be effected, in pursuance
of an adoption order or otherwise, or if the person initiates or takes part in
any negotiations of which the purpose or effect is the conclusion of any
agreement or the making of any arrangement therefor, or if the person causes
another to do so.
(4) This
Law applies to citizens of the Republic of Ireland as it applies to British
subjects, and references in this Law to British subjects shall be construed
accordingly.
(5) Any
reference in this Law to any other enactment shall be construed as a reference
to that enactment as amended by any subsequent enactment; and in this paragraph
“enactment” includes an enactment of the United Kingdom.[7]
2 Establishment
of Adoption Service[8]
(1) The
Committee shall establish and maintain in Jersey a service designed to meet the
needs, in relation to adoption, of –
(a) infants who have been or may be adopted;
(b) parents
and guardians of such infants; and
(c) persons
who have adopted or may adopt an infant,
and for that purpose shall
provide the facilities referred to in paragraph (2), or secure that they
are provided by approved adoption societies.
(2) The
facilities to be provided as part of the service maintained under
paragraph (1) include –
(a) arrangements
for assessing infants and prospective adopters, and placing infants for
adoption;
(b) counselling
for persons with problems relating to adoption.
(3) The
services maintained by the Committee under paragraph (1) may be
collectively referred to as the “Adoption Service”.
(4) In
paragraph (1) the reference to “approved adoption societies”
is a reference to an adoption society approved under the Adoption Act 1976 of the United Kingdom
and to that Committee of the States of Guernsey with the responsibility for
matters relating to the adoption of infants.
3 Duty
to promote welfare of infant[9]
In reaching any decision relating
to the adoption of infants the Court or the Committee shall have regard to all
the circumstances, first consideration being given to the need to safeguard and
promote the welfare of the infant throughout the infant’s childhood, and
shall, so far as practicable, ascertain the wishes and feelings of the infant
regarding the decision and give due consideration to them, having regard to the
infant’s age and understanding.
4 Religious
upbringing of adopted child[10]
The Committee shall in placing an
infant for adoption have regard, so far as is practicable, to any wishes of an
infant’s parents and guardians as to the religious upbringing of the
infant.
5 Duty
to use approved adoption societies[11]
(1) The
Committee shall, if it cannot place an infant for adoption in Jersey or in
Guernsey, use approved adoption societies for such placement.
(2) In
paragraph (1) “approved adoption society” means an adoption
society approved under the Adoption Act 1976
of the United Kingdom.
6 Restriction
on arranging adoptions and placing of children[12]
(1) A
person other than the Committee shall not make arrangements for the adoption of
an infant, or place an infant for adoption, unless –
(a) the
proposed adopter is a relative of the infant; or
(b) the
proposed adopter is acting in pursuance of an order of the Court.
(2) A
person who –
(a) takes
part in the management or control of a body of persons which exists wholly or
partly for the purpose of making arrangements for the adoption of infants;
(b) contravenes
paragraph (1); or
(c) receives
an infant placed with the person in contravention of paragraph (1),
shall be guilty of an offence and
liable on conviction to imprisonment for a term not exceeding 3 months or to a
fine not exceeding level 3 on the standard scale or to both.
(3) In
any proceedings for an offence under paragraph (2)(a), proof of things
done or of words written, spoken or published (whether or not in the presence
of any party to the proceedings) by any person taking part in the management or
control of a body of persons, or in making arrangements for the adoption of
infants on behalf of the body, shall be admissible as evidence of the purpose
for which that body exists.
7 Adoption
Panel[13]
(1) There
is established an Adoption Panel (in this Law referred to as the “panel”) –
(a) to carry out such of the powers and duties
of the Committee as may be determined pursuant to Article 8; and
(b) to recommend to the Committee where an
allowance payable under Article 9 is appropriate.
(2) Subject
to paragraph (3), the panel shall comprise such members or officers of the
Committee and such members of the public as the Committee shall from time to
time think fit.
(3) Nothing
in paragraph (2) shall be construed as a requirement that a member of the Committee
shall at all times be a member of the panel.
8 Delegation
to the Panel[14]
The Committee may delegate to the
panel such of its powers and duties in relation to the maintenance of the
Adoption Service as it may by Order determine.
9 Allowances[15]
The Committee may, after
considering a recommendation of the panel, pay an allowance to persons who have
adopted, or intend to adopt, infants, where the Committee is satisfied that
such an adoption is not practicable without payment of an allowance.
Part 2
Making of Adoption Orders
10 Power to make
adoption orders
(1) Subject
to the provisions of this Law, the Court may, upon an application made in the
prescribed manner by a person domiciled in Jersey, make an order (in this Law
referred to as an “adoption order”)
authorizing the applicant to adopt an infant.
(2) An
adoption order may be made on the application of 2 spouses authorizing them
jointly to adopt an infant; but an adoption order shall not in any other case
be made authorizing more than one person to adopt an infant.
(3) An
adoption order may be made authorizing the adoption of an infant by the mother
or father of the infant, either alone or jointly with his or her spouse.
(4) An
adoption order may be made in respect of an infant who has already been the
subject of an adoption order made by a court of competent jurisdiction in the
British Islands; and in relation to an application for an adoption order in
respect of such an infant, the adopter or adopters under the previous or last
previous adoption order shall be deemed to be the parent or parents of the
infant for all the purposes of this Law.
(5) An
adoption order shall not be made unless the applicant and the infant reside in Jersey,
subject however to Article 19.
11 Age and sex of
applicant
(1) Subject
to paragraph (2), an adoption order shall not be made in respect of an
infant unless the applicant –
(a) is the mother or father of the infant; or
(b) is a relative of the infant, and has
attained the age of 20 years; or
(c) has attained the age of 25 years.
(2) An
adoption order may be made in respect of an infant on the joint application of 2
spouses –
(a) if either of the applicants is the mother or
father of the infant; or
(b) if the condition set out in
paragraph (1)(b) or (c) is satisfied in the case of one of the applicants,
and the other of them has attained the age of 20 years.
(3) An
adoption order shall not be made in respect of a female infant in favour of a
sole applicant who is a male, unless the Court is satisfied that there are
special circumstances which justify as an exceptional measure the making of an
adoption order.
12 Freeing infant
for adoption[16]
(1) Where,
on an application by the Committee, the Court is satisfied in the case of each
parent or guardian of the infant that –
(a) the
person freely, and with full understanding of what is involved, agrees
generally and unconditionally to the making of an adoption order; or
(b) the
person’s agreement to the making of an adoption order should be dispensed
with on a ground specified in Article 13(2),
the Court shall make an order
declaring the infant free for adoption.
(2) No
application shall be made under paragraph (1) unless –
(a) it
is made with the consent of a parent or guardian of an infant; or
(b) the
Committee is applying for dispensation under paragraph (1)(b) of the
agreement of each parent or guardian of the infant, and the infant is in the
care of the Committee.
(3) No
agreement required under paragraph (1)(a) shall be dispensed with under
paragraph (1)(b) unless the infant is already placed for adoption or the
Court is satisfied that it is likely that the infant will be placed for
adoption.
(4) An
agreement by the mother of the infant is ineffective for the purposes of this Article
if given less than 6 weeks after the infant’s birth.
(5) On
the making of an order under this Article all rights, duties, obligations and
liabilities of the parents or guardian of the infant are given to the Committee.
(6) Before
making an order under this Article, the Court shall satisfy itself, in relation
to each parent or guardian of the infant who can be found, that the person has
been given an opportunity of making, if the person so wishes, a declaration
that he or she prefers not to be involved in future questions concerning the
adoption of the infant, and any such declaration shall be recorded by the
Court.
13 Parental
agreement[17]
(1) An
adoption order shall not be made unless in the case of each parent or guardian
of the infant the Court is satisfied that –
(a) the
person freely, and with full understanding of what is involved, agrees
unconditionally to the making of an adoption order, whether or not he or she
knows the identity of the applicants; or
(b) the
person’s agreement to the making of the adoption order should be
dispensed with on a ground specified in paragraph (2).
(2) The
grounds mentioned in paragraph (1)(b) are that the parent or
guardian –
(a) cannot
be found or is incapable of giving agreement;
(b) is
withholding his or her agreement unreasonably;
(c) has
persistently failed without reasonable cause to exercise his or her rights,
duties, obligations and liabilities as a parent or guardian in respect of the
infant;
(d) has
abandoned or neglected the infant;
(e) subject
to paragraph (4) has persistently ill-treated the infant;
(f) has
seriously ill-treated the infant;
(g) is
incapable of caring for the infant or is of such habits or mode of life as to
be unfit to have the care of the infant.
(3) Agreement
is ineffective for the purposes of paragraph (1)(a) if given by the mother
less than 6 weeks after the infant’s birth.
(4) Paragraph
(2)(e) does not apply unless because of the ill-treatment or for other reasons,
the rehabilitation of the infant within the household of the parent, or
guardian is unlikely.
(5) Where
there has been a finding by a court of competent jurisdiction as to any grounds
specified in paragraph (2)(c), (d), (e), (f) or (g) in the course of
earlier proceedings to which the parent or guardian was given the opportunity
of being a party, that finding shall be sufficient but not conclusive evidence
of those grounds.
14 Evidence of
consent of parent or guardian
(1) Where
a parent or guardian of an infant does not attend in the proceedings on an
application for an adoption order for the purpose of giving his or her consent
to the making of the order, a document signifying his or her consent to the
making of such an order shall –
(a) if the person in whose favour the order is
to be made is named in the document or (where the identity of that person is
not known to the consenting party) is distinguished therein in the prescribed
manner; and
(b) if the document is attested by a person of
any such class as may be prescribed,
be admissible as evidence of that
consent and of the signature of the document by the person by whom it is
executed:
Provided that a document
signifying the consent of the mother of an infant shall not be admissible under
this Article unless the infant is at least 6 weeks old on the date of the
execution of the document.
(2) For
the purposes of this Article, a document purporting to be attested in the
manner provided by paragraph (1) shall be deemed to be so attested, and to
be executed and attested on the date and at the place specified in the
document, unless the contrary is proved.
15 Care and
possession of infants before adoption, and notification to Committee
(1) An
adoption order shall not be made in respect of any infant unless the infant has
been continuously in the care and possession of the applicant for at least 3
consecutive months immediately preceding the date of the order, not counting
any time before the date which appears to the Court to be the date on which the
infant attained the age of 6 weeks.
(2) Except
where the applicant or one of the applicants is a parent of the infant, an
adoption order shall not be made in respect of an infant who at the hearing of
the application is below the upper limit of the compulsory school age unless
the applicant has, at least 3 months before the date of the order, given notice
in writing to the Committee of his or her intention to apply for an adoption order
in respect of the infant.
(3) Where
an application for an adoption order in respect of an infant is pending, a
parent or guardian of the infant who has signified his or her consent to the
making of an adoption order in pursuance of the application shall not be
entitled, except with the leave of the Court, to remove the infant from the
care and possession of the applicant, and in considering whether to grant or
refuse such leave the Court shall have regard to the welfare of the infant.
16 Functions of Court
as to adoption orders
(1) The
Court before making an adoption order shall be satisfied –
(a) that every person whose consent is necessary
under this Law, and whose consent is not dispensed with, has consented to and
understands the nature and effect of the adoption order for which application
is made, and in particular in the case of any parent understands that the
effect of the adoption order will be permanently to deprive him or her of his
or her parental rights;
(b) that the order if made will be for the
welfare of the infant; and
(c) that the applicant has not received or
agreed to receive, and that no person has made or given or agreed to make or
give to the applicant, any payment or other reward in consideration of the
adoption except such as the Court may sanction.
(2) In
determining whether an adoption order if made will be for the welfare of the
infant, the Court shall have regard (among other things) to the health of the
applicant, as evidenced, in such cases as may be prescribed, by the certificate
of a registered medical practitioner, and shall give due consideration to the
wishes of the infant, having regard to the infant’s age and
understanding.
(3) The
Court in an adoption order may impose such terms and conditions as the Court
may think fit, and in particular may require the adopter by bond or otherwise
to make for the infant such provision (if any) as in the opinion of the Court
is just and expedient.
17 Interim orders
(1) Subject
to the provisions of this Article, the Court may, upon any application for an
adoption order, postpone the determination of the application and make an
interim order giving the custody of the infant to the applicant for a period
not exceeding 2 years by way of a probationary period upon such terms as
regards provision for the maintenance and education and supervision of the
welfare of the infant and otherwise as the Court may think fit.
(2) All
such consents as are required to an adoption order shall be necessary to an
interim order but subject to a like power on the part of the Court to dispense
with any such consent.
(3) An
interim order shall not be made in any case where the making of an adoption order
would be unlawful by virtue of Article 15.
(4) Where
an interim order has been made giving the custody of an infant to the applicant
for a period of less than 2 years, the Court may by order extend that period,
but the total period for which the custody of the infant is given to the
applicant under the order as varied under this paragraph shall not exceed 2
years.
(5) An
interim order shall not be deemed to be an adoption order within the meaning of
this Law.
18 Procedure
(1) In
this Law “Adoption Rules” means
rules made under paragraph (2).
(2) Rules
in regard to any matter to be prescribed under this Law and dealing generally
with all matters of procedure and incidental matters arising out of this Law
and for carrying this Law into effect shall be made by the Superior Number of
the Royal Court.
(3) Adoption
Rules may provide for applications for adoption orders to be heard and
determined otherwise than in open court.
(4) Article 3
of the Official Publications (Jersey) Law 1960,[18] shall apply to Adoption Rules as it applies to enactments mentioned
in that Article and, accordingly, as soon as may be after any such rules are
made, the Judicial Greffier shall transmit a certified copy thereof to the
Greffier of the States.
(5) In
all proceedings, whether oral or written, under this Law, any member of the
Court and any party or person engaged or concerned in such proceedings or
giving evidence therein may use the English language.
(6) For
the purposes of any application for an adoption order, the Court shall, subject
to Adoption Rules, appoint some person or body to act as guardian ad litem of the infant upon the hearing of the
application with the duty of safeguarding the interests of the infant before
the Court.
19 Modification of
foregoing provisions in the case of applicants not ordinarily resident in Jersey
(1) An
adoption order may, notwithstanding anything in this Law, be made on the
application of a person who is not ordinarily resident in Jersey and, in
relation to such an application, Article 10(5) shall not apply.
(2) Where
an application for an adoption order is made jointly by spouses who are not, or
one of whom is not, ordinarily resident in Jersey, the notice required by
Article 15(2) may be given by either of the applicants; and the provisions
of paragraph (1) of that Article shall be deemed to be complied with if
they are complied with in the case of one of the applicants and the applicants
have been living together in Jersey for at least one of the 3 months mentioned
in that paragraph.
(3) This
Article shall not affect the construction of Article 15(1) in its
application to any joint application to which paragraph (2) of this
Article does not apply.
Part 3
Effects of Adoption Orders
20 Rights and duties
of parents and capacity to marry
(1) Upon
an adoption order being made, all rights, duties, obligations and liabilities
of the parents, and, subject to the provisions of paragraph (3), of the
guardian, if any, of the infant in relation to the future custody, maintenance
and education of the infant, including all rights to consent or give notice of
dissent to marriage, shall be extinguished, and all such rights, duties,
obligations and liabilities shall vest in and be exercisable by and enforceable
against the adopter as if the infant were a child born to the adopter in lawful
wedlock; and in respect of the matters aforesaid and in respect of the
liability of a child to maintain his or her parents the infant shall stand to
the adopter exclusively in the position of a child born to the adopter in
lawful wedlock.
(2) In
any case where 2 spouses are the adopters, the spouses shall in respect of the
matters aforesaid, and for the purpose of the jurisdiction of any court to make
orders as to the custody and maintenance of and right of access to children,
stand to each other and to the infant in the same relation as they would have
stood if they had been the lawful father and mother of the infant and the
infant shall stand to them in the same relation as to a lawful father and
mother.
(3) Where
it becomes necessary to appoint a guardian for an adopted child, the adopter or
adopters and the relatives of the adopter or adopters shall, in all matters
appertaining to the formation of the guardianship, be deemed to be the
relatives of the adopted child, and, where an adoption order is made in respect
of an infant who is under guardianship, the Court shall order that the
guardianship be reconstituted unless it is of the opinion that it is in the
interests of the child that the guardianship be maintained.
(4) For
the purposes of the law relating to marriage, an adopter and the person whom the
adopter has been authorized to adopt under an adoption order shall be deemed to
be within the prohibited degrees of consanguinity; and the provisions of this paragraph
shall continue to have effect notwithstanding that some person other than the
adopter is authorized by a subsequent order to adopt the same infant.
21 Friendly
societies, insurance, etc.
(1) For
the purposes of the enactments for the time being in force relating to friendly
societies, collecting societies or industrial insurance companies, an adopter
shall be deemed to be the parent of the infant whom the adopter is authorized
to adopt under an adoption order.
(2) Where,
before the making of an adoption order in respect of an infant, the natural
parent of the infant has effected an insurance with any such society or company
for the payment, on the death of the infant, of money for funeral expenses, the
rights and liabilities under the policy shall by virtue of the adoption order
be transferred to the adopter and the adopter shall, for the purposes of the said
enactments, be treated as the person who took out the policy.
22 Orders and
agreements for maintenance of illegitimate infants
(1) Where
an adoption order is made in respect of an infant who is illegitimate, then,
unless the adopter is the infant’s mother and the mother is a single
woman, any order or agreement whereby the father of the infant is required or
has undertaken to make payments specifically for the benefit of the infant,
shall cease to have effect, but without prejudice to the recovery of any
arrears which are due under the order or agreement at the date of the adoption order.
(2) After
an adoption order has been made in respect of an infant who is illegitimate, no
order requiring the father of the infant to make payments specifically for the
benefit of the infant shall be made unless the adoption order was made on the
application of the mother of the infant alone.
23 Intestacies, etc.[19]
(1) Where,
at any time after the making of an adoption order, the adopter or the adopted person
or any other person dies intestate in respect of any real or personal property
(other than personal property subject to an entailed interest under a
disposition to which paragraph (3) does not apply), that property shall
devolve in all respects as if the adopted person were the child of the adopter
born in lawful wedlock and were not the child of any other person.
(2) For
all the purposes of the law relating to the indefeasible right of a person to
succeed to the personal property of the person’s ascendants, an adopted person
shall be deemed to be the child of the adopter born in lawful wedlock and not
the child of any other person.
(3) In
any disposition of real or personal property made, whether by instrument inter vivos or by will (including codicil), after the
date of an adoption order –
(a) any reference (whether express or implied)
to the child or children of the adopter shall, unless the contrary intention
appears, be construed as, or as including, a reference to the adopted person;
(b) any reference (whether express or implied)
to the child or children of the adopted person’s natural parents or
either of them shall, unless the contrary intention appears, be construed as
not being, or as not including, a reference to the adopted person; and
(c) any reference (whether express or implied)
to a person related to the adopted person in any degree shall, unless the
contrary intention appears, be construed as a reference to the person who would
be related to the adopted person in that degree if the adopted person were the
child of the adopter born in lawful wedlock and were not the child of any other
person.
(4) For
the purposes of paragraph (3), a disposition made by will or codicil shall
be treated as made on the date of the death of the testator.
(5) For
the avoidance of doubt, it is hereby declared that an adopted child born before
a natural child shall rank as principal heir in preference to the natural
child.
(6) In
the application of the law regarding the devolution of acquired real property (acquets) and personal property (meubles) and for the purposes of the construction of
any such disposition as is mentioned in this Article, an adopted person shall
be deemed to be related to any other person being the child or adopted child of
the adopter or (in the case of a joint adoption) of either of the
adopters –
(a) where the adopted person was adopted by 2
spouses jointly, and that other person is the child or adopted child of both of
them, as brother or sister of the whole blood;
(b) in any other case, as brother or sister of
the half-blood.
(7) Notwithstanding
anything in this Article, an executor of the will or an administrator of the
personal estate of a deceased person may distribute any personal property to or
among the persons entitled thereto without having ascertained that no adoption order
has been made by virtue of which any person is or may be entitled to any
interest therein, and shall not be liable to any such person of whose claim the
executor of the will or an administrator of the personal estate has not had
notice at the time of the distribution; but nothing in this paragraph shall
prejudice the right of any such person to follow the property, or any property
representing it, into the hands of any person who may have acquired it by means
of devolution or descent.
(8) Where
an adoption order is made in respect of a person who has been previously
adopted, the previous adoption shall be disregarded for the purposes of this Article
in relation to the devolution of any property on the intestacy of, or any right
to the personal property of, any person dying after the date of the subsequent
adoption order, and in relation to any disposition of property made, or taking
effect on the death of a person dying, after that date.
(9) References
in this Article to an adoption order and to an adopted person include
references to an adoption order made before 24th November 1963 either
under this Law or under the Adoption of Children (Jersey) Law 1947 and to a person
adopted under such an order, but nothing in this Article shall affect the
devolution of any property on the intestacy of, or any right to the personal
property of, any person who died before that date, or affect any disposition
made before that date.[20]
Part 4
Registration
24 Adopted Children Register
(1) The
Superintendent Registrar shall maintain a register, to be called the Adopted
Children Register, in which shall be made such entries as may be directed to be
made therein by adoption orders, but no other entries.
(2) A
certified copy of an entry in the Adopted Children Register, if purporting to
be signed by the Superintendent Registrar shall, without any further or other
proof of that entry, be received as evidence of the adoption to which it
relates and, where the entry contains a record of the date of the birth or the
country or the parish of the birth of the adopted person, shall also be
received as aforesaid as evidence of that date or country or parish in all
respects as if the copy were a certified copy of an entry in the Registers of
Births.
(3) The
Superintendent Registrar shall cause an index of the Adopted Children Register
to be made and kept in the Superintendent Registrar’s office and every person
shall be entitled to search that index and to have a certified copy of any
entry in the Adopted Children Register in all respects upon and subject to the
same terms and conditions as to payment of fees and otherwise as are applicable
under the Marriage and Civil Status
(Jersey) Law 2001[21] in respect of searches in other indexes kept in the office of the
Superintendent Registrar and in respect of the supply by the Superintendent
Registrar of certified copies of entries in the Registers of Births, Deaths and
Marriages.[22]
(4) The
Superintendent Registrar shall, in addition to the Adopted Children Register
and the index thereof, keep such other registers and books, and make such
entries therein, as may be necessary to record and make traceable the
connection between any entry in the Registers of Births which has been marked
“Adopted” pursuant to Article 25 or any enactment at the time
in force, and any corresponding entry in the Adopted Children Register.
(5) The
registers and books kept under paragraph (4) shall not be, nor shall any
index thereof be, open to public inspection or search and, except under an order
of the Royal Court, the Superintendent Registrar shall not furnish any person
with any information contained in or with any copy or extract from any such
registers or books.
25 Registration of
adoptions
(1) Every
adoption order shall contain a direction to the Superintendent Registrar to
make in the Adopted Children Register an entry in the form set out in the Schedule,
and (subject to paragraph (2)) shall specify the particulars to be entered
under the headings in columns 2 to 6 of that Schedule.
(2) For
the purpose of compliance with the requirements of
paragraph (1) –
(a) where the precise date of the infant’s
birth is not proved to the satisfaction of the Court, the Court shall determine
the probable date of the infant’s birth and the date so determined shall
be specified in the order as the date of the infant’s birth;
(b) where the country of birth of the infant is
not proved to the satisfaction of the Court, then, if it appears probable that
the infant was born within the United Kingdom, the Channel Islands or the Isle
of Man, the infant shall be treated as having been born in Jersey, and in any
other case the particulars of the country of birth may be omitted from the order
and from the entry in the Adopted Children Register,
and the names to be specified in
the order as the name and surname of the infant shall be the name or names and
surname stated in that behalf in the application for the adoption order, or, if
no name or surname is so stated, the original name or names of the infant and
the surname of the applicant.
(3) The
particulars to be entered in the Adopted Children Register under the heading in
column 2 of the Schedule shall include, in the case of an infant born in Jersey,
the parish in which the birth took place; and where the infant was born in Jersey
but the parish in which the birth took place is not proved to the satisfaction
of the Court, or where the infant is treated by virtue of paragraph (2)(b)
as born in Jersey, the infant shall be treated for the purposes of this paragraph
as born in the parish of St. Helier.
(4) Where
upon any application for an adoption order in respect of an infant (not being
an infant who has previously been the subject of an adoption order under this Law
or the Adoption of Children (Jersey) Law 1947),[23] there is proved to the satisfaction of the Court the identity of
the infant with a child to whom an entry in the Registers of Births relates,
any adoption order made in pursuance of the application shall contain a
direction to the Superintendent Registrar to cause the entry in the Registers
of Births to be marked with the word “Adopted”.
(5) Where
an adoption order is made in respect of an infant who has previously been the
subject of an adoption order made under this Law or any enactment at the time
in force, the order shall contain a direction to the Superintendent Registrar
to cause the previous entry in the Adopted Children Register to be marked with
the word “Re-adopted”.
(6) The
Judicial Greffier shall cause every adoption order to be communicated to the
Superintendent Registrar, and upon receipt of the communication the
Superintendent Registrar shall cause compliance to be made with the directions
contained in the order.
26 Amendment of
orders and rectification of registers
(1) The
Court may, on the application of the adopter or of the adopted person, amend an
adoption order by the correction of any error in the particulars contained
therein, and may –
(a) if satisfied on the application of the
adopter or of the adopted person that within one year beginning with the date
of the order any new name has been given to the adopted person (whether in
baptism or otherwise), or taken by the adopted person, either in lieu of or in
addition to a name specified in the particulars required to be entered in the
Adopted Children Register in pursuance of the order, amend the order by
substituting or adding that name in those particulars, as the case may require;
(b) if satisfied on the application of any person
concerned that a direction for the marking of an entry in the Registers of
Births or the Adopted Children Register included in the order in pursuance of
Article 25(4) or (5) was wrongly so included, revoke that direction.
(2) Where
an adoption order is amended or a direction revoked under paragraph (1),
the Judicial Greffier shall cause the amendment to be communicated to the
Superintendent Registrar, who shall –
(a) cause the entry in the Adopted Children
Register to be amended accordingly; or
(b) cause the marking of the entry in the
Registers of Births or the Adopted Children Register to be cancelled.
(3) Where
an adoption order has been amended, any certified copy of the relevant entry in
the Adopted Children Register which may be issued pursuant to
Article 24(3) shall be a copy of the entry as amended, without the
reproduction of any note or marking relating to the amendment or of any matter
cancelled pursuant thereto; and a copy or extract of an entry in any register,
being an entry the marking of which has been cancelled, shall be deemed to be
an accurate copy if and only if both the marking and the cancellation are
omitted therefrom.
27 Adoption Contact Register[24]
(1) In
this Article –
(a) “relative”
means any person, other than an adoptive relative, who is related to the
adopted person by blood or marriage; and
(b) “address”
includes any address at or through which the person concerned may be contacted.
(2) The
Superintendent Registrar shall maintain at the Superintendent Registrar’s
Office a register to be called the Adoption Contact Register.
(3) The
register shall be in 2 parts –
(a) Part
I: Adopted Persons; and
(b) Part
II: Relatives.
(4) The
Superintendent Registrar shall, on payment of such fee as may be prescribed,
enter in Part I of the register the name and address of any adopted person who
fulfils the conditions set out in paragraph (5) and who gives notice that he
or she wishes to contact any relative of his or hers.
(5) The
conditions referred to in paragraph (4) are that –
(a) a
record of the adopted person’s birth is kept by the Superintendent
Registrar; and
(b) the
adopted person has attained the age of 18 years and –
(i) has
been supplied by the Superintendent Registrar with information under
Article 30, or
(ii) has
satisfied the Superintendent Registrar that the adopted person has such
information as is necessary to enable the adopted person to obtain a certified
copy of the record of his or her birth.
(6) The
Superintendent Registrar shall, on payment of such fee as may be prescribed,
enter in Part II of the register the name and address of any person who fulfils
the conditions set out in paragraph (7) and who gives notice that he or
she wishes to contact an adopted person.
(7) The
conditions referred to in paragraph (6) are that –
(a) a
record of the adopted person’s birth is kept by the Superintendent
Registrar; and
(b) the
person giving notice under paragraph (6) has attained the age of 18
years and has satisfied the Superintendent Registrar that –
(i) the
person is a relative of the adopted person, and
(ii) the
person has such information as is necessary to enable him or her to obtain a
certified copy of the record of the adopted person’s birth.
(8) The
Superintendent Registrar shall, on receiving notice from any person named in an
entry in the register that he or she wishes the entry to be cancelled, cancel
the entry.
(9) Any
notice given under this Article shall be in such form as may be determined by
the Superintendent Registrar.
(10) The
Superintendent Registrar shall transmit to an adopted person whose name is
entered in Part I of the register the name and address of any relative in
respect of whom there is an entry in Part II of the register.
(11) Any
entry cancelled under paragraph (8) ceases from the time of cancellation
to be an entry for the purposes of paragraph (10).
(12) The
register shall not be open to public inspection or search and the
Superintendent Registrar shall not supply any person with information entered
in the register whether in an uncancelled or a cancelled entry except in
accordance with this Article.
(13) The
register may be kept by means of a computer.
28 Recording of
change of name in Public Registry of Contracts
Where, by virtue of Article 25
or 26, the name of an adopted child is changed, then, if the name of the child
is recorded in the books of the Public Registry of Contracts, the Judicial
Greffier shall record the change of name in those books in such manner as the
Court may direct.
29 Registration of
baptism
Where a child in respect of whom an
adoption order has been made is baptised, the entry to be made in the Register
of Baptisms shall describe the child as the adopted son or daughter of the person
or persons by whom the adopted person was adopted, instead of as the son or
daughter of the natural parents.
30 Disclosure of
birth records of adopted infants[25]
(1) Subject
to this Article, the Superintendent Registrar shall on an application made in
the prescribed manner by an adopted person a record of whose birth is kept by
the Superintendent Registrar and who has attained the age of 18 years
supply to him or her on payment of such fee as may be prescribed such
information as is necessary to enable that person to obtain a certified copy of
the record of his or her birth.
(2) On
an application made in the prescribed manner by an adopted person under the age
of 18 years, a record of whose birth is kept by the Superintendent
Registrar and who is intending to be married in Jersey, and on payment of such
fee as may be prescribed the Superintendent Registrar shall inform the
applicant whether or not it appears from information contained in the registers
of live births or other records that the applicant and the person whom he or
she intends to marry may be within the degrees of relationship prohibited or
restricted by Articles 3, 4, and 5 of the Marriage and Civil Status (Jersey) Law 2001.[26]
(3) Before
supplying any information to an applicant under paragraph (1), the
Superintendent Registrar shall inform the applicant that counselling services
are available to the applicant from the Committee.
(4) Where
an adopted person applies for information under paragraph (1) –
(a) it
shall be the duty of the Committee to provide counselling services for that person
if asked by him or her to do so; and
(b) the
Superintendent Registrar shall not supply the information unless the adopted person
has attended an interview with a counsellor arranged by the Committee.
31 Legitimation:
revocation of adoption orders and cancellations in registers
(1) Where
any person adopted by his or her father or mother alone has subsequently become
a legitimated person on the marriage of his or her father and mother, the Court
may, on the application of any of the parties concerned, revoke the relevant
adoption order.
(2) Where
an adoption order is revoked under this Article, the Judicial Greffier shall
communicate the revocation to the Superintendent Registrar who shall
cancel –
(a) the entry in the Adopted Children Register
relating to the adopted person; and
(b) the marking with the word “Adopted”
of any entry relating to the adopted person in the Registers of Births,
and a copy or extract of an entry
in any register, being an entry the marking of which is cancelled under this Article,
shall be deemed to be an accurate copy if and only if both the marking and the
cancellation are omitted therefrom.
(3) Where
any person legitimated by virtue of Article 2 of the Legitimacy (Jersey) Law 1963,[27] had been adopted by his or her father and mother before 16th
July 1963, the Court may, on the application of any of the parties
concerned, revoke the adoption order.[28]
(4) The
revocation of an adoption order under this Article shall not affect the
operation of Article 23 in relation to an intestacy which occurred, or a
disposition which was made, before the revocation.[29]
32 Legitimation:
marking of entries on re-registration of births
Without prejudice to the provisions
of Article 31 of this Law, where after an entry in the Registers of Births
has been marked with the word “Adopted”, the birth is re-registered under Article 56 or 57 of
the Marriage and Civil Status (Jersey) Law 2001,[30] the
entry made on the re-registration shall be marked in the like manner.[31]
Part 5
Supervision of Children
Awaiting Adoption
33 Meaning of
protected child
(1) Subject
to the following provisions of this Article, where notice of intention to apply
for an adoption order in respect of a child is given under Article 15(2),
then, while the child is in the care and possession of the person giving the
notice, the child is a protected child for the purposes of Articles 34 to
38.
(2) A
child is not a protected child by reason of any such notice as is mentioned in
paragraph (1) while the child is in an approved school or in the care and
possession of any person in any such institution as is mentioned in
Article 13 of the Loi (1935)
appliquant à cette Ile certaines des dispositions de l’Acte de
Parlement intitulé “Children and Young Persons Act 1933”[32] nor while the child is –
(a) receiving treatment for mental disorder or,
as the case may be, for addiction under the provisions of Article 4 of the
Mental Health (Jersey) Law 1969[33]; or
(b) detained in a hospital or a mental nursing
home under the provisions of that Law.[34]
(3) A
protected child ceases to be a protected child on the making of an adoption order
in respect of the protected child or, if none is made, on the protected child
attaining the age of majority.[35]
(4) A
child in the care and possession of 2 spouses one of whom is a relative or
guardian of the child shall be deemed for the purposes of Article 36 to be
in the care and possession of that one of them.
34 Duty of Committee
to secure well-being of protected children
It shall be the duty of the Committee
to secure that protected children are visited from time to time by officers of
the Committee, who shall satisfy themselves as to the well-being of the
children and give such advice as to their care and maintenance as may appear to
be needed.
35 Power to inspect
premises
Any officer of the Committee
generally or specially authorized in writing in that behalf shall be entitled,
subject to the production by the officer if so required of evidence of his or
her authority, to enter and inspect any premises in which protected children
are to be or are being kept.
36 Notices and
information to be given to the Committee
(1) Where
a person who has a protected child in his or her care and possession changes
his or her permanent address, the person shall, not less than 2 weeks before
the change, or, if the change is made in an emergency, not later than one week
after the change, give to the Committee notice in writing specifying the new
address.
(2) If
a protected child dies, the person in whose care and possession the protected
child was at his or her death shall within 48 hours of the death give to the Committee
notice in writing of the death.
(3) A
person who has or proposes to have a protected child in his or her care and
possession shall at the request of the Committee give to the Committee the
following particulars, so far as known to the person, that is to say, the name,
sex and date and place of birth of the child, and the name and address of every
person who is a parent or guardian or acts as a guardian of the child or from
whom the child has been or is to be received.
37 Removal of
protected children from unsuitable surroundings
(1) If
the Court is satisfied, on a representation made by the Committee, that a
protected child is being kept or is about to be received by any person who is
unfit to have the protected child’s care, or in any premises or any
environment detrimental or likely to be detrimental to the protected child, the
Court may make an order for the protected child’s removal to such place
as the Court may direct until he or she can be restored to a parent, relative
or guardian of his or hers, or until other arrangements can be made with
respect to him or her:
Provided that, on proof that
there is imminent danger to the health or well-being of the child, the power to
make an order under this Article may be exercised by the Bailiff on an
application made by the President of the Committee.
(2) Where
a child is removed under this Article, the Committee shall, if practicable,
inform a parent or guardian of the child, or any person who acts as the
child’s guardian.
38 Offences in
relation to protected children
(1) A
person shall be guilty of an offence if –
(a) being required, under any provision of
Article 36, to give any notice or information, the person fails to give
the notice within the time specified in that provision or fails to give the
information within a reasonable time, or knowingly makes or causes or procures
another person to make any false or misleading statement in the notice or
information;
(b) the person refuses to allow the visiting of
a protected child by a duly authorized officer of the Committee or the
inspection, under the power conferred by Article 35, of any premises;
(c) the person refuses to comply with an order
under Article 37 for the removal of any child or obstructs any person in
the execution of such an order.
(2) A
person guilty of an offence under this Article
shall be liable to imprisonment for a term not exceeding 6 months or to a fine
not exceeding level 4 on the standard scale or to both such imprisonment and
such fine.[36]
Part 6
Miscellaneous
39 Prohibition of
certain payments
(1) Subject
to the provisions of this Article, it shall not be lawful to make or give to
any person any payment or reward for or in consideration of –
(a) the adoption by that person of an infant;
(b) the grant by that person of any consent
required in connection with the adoption of an infant;
(c) the transfer by that person of the care and
possession of an infant with a view to the adoption of the infant; or
(d) the making by that person of any
arrangements for the adoption of an infant.
(2) Any
person who makes or gives, or agrees or offers to make or give any payment or
reward prohibited by this Article, or who receives or agrees to receive or
attempts to obtain any such payment or reward, shall be liable to imprisonment
for a term not exceeding 6 months or to a fine not exceeding level 4 on the
standard scale or to both such imprisonment and such fine; and the Court may order
any infant in respect of whom the offence was committed to be removed to such
place as the Court may direct until the infant can be restored to his or her
parents or guardian or until other arrangements can be made for the infant.[37]
(3) This
Article does not apply to any payment made to an administration of the States
or a parochial authority by a parent or guardian of an infant or by a person
who adopts or proposes to adopt an infant, being a payment in respect of
expenses reasonably incurred by the administration of the States or parochial
authority in connection with the adoption of the infant, or to any payment or
reward authorized by the Court to which an application for an adoption order in
respect of an infant is made.
(4) This
Article does not apply to any allowance paid by the Committee pursuant to
Article 9.[38]
40 Restriction on
removal of infants for adoption outside British Islands
(1) Except
under the authority of an order under Article 41, it shall not be lawful
for any person to take or send an infant who is a British subject out of Jersey
to any place outside the British Islands with a view to the adoption of the
infant (whether in law or in fact) by any person not being a parent or guardian
or relative of the infant; and any person who takes or sends an infant out of Jersey
to any place in contravention of this paragraph, or makes or takes part in any
arrangements for transferring the care and possession of an infant to any person
for that purpose, shall be liable to imprisonment for a term not exceeding 6
months or to a fine not exceeding level 4 on the standard scale or to both such
imprisonment and such fine.[39]
(2) In
any proceedings under this Article, a report by a British consular officer or a
deposition made before a British consular officer and authenticated under the
signature of that officer shall, upon proof that the officer or the deponent
cannot be found in Jersey, be admissible as evidence of the matters stated
therein, and it shall not be necessary to prove the signature or official
character of the person who appears to have signed any such report or
deposition.
41 Provisional
adoption by persons domiciled outside Jersey
(1) If
the Court is satisfied, upon an application being made by a person who is not domiciled
in Jersey, that the applicant intends to adopt an infant under the law of or
within the country in which the applicant is domiciled, and for that purpose
desires to remove the infant from Jersey either immediately or after an
interval, the Court may, subject to the provisions of this Article, make an order
(in this Article referred to as a “provisional adoption order”)
authorizing the applicant to remove the infant for the purpose aforesaid, and giving
to the applicant the custody of the infant pending his or her adoption as
aforesaid.
(2) A
provisional adoption order may be made in any case where, apart from the
domicile of the applicant, an adoption order could be made in respect of the
infant under this Law, but shall not be made in any other case.
(3) Subject
to the provisions of this Article, the provisions of this Law, other than this Article
and Article 23, shall apply in relation to a provisional adoption order as
they apply in relation to an adoption order, and references in those provisions
to adoption, to an adoption order, to an application or applicant for such an order
and to an adopter or a person adopted or authorized to be adopted under such an
order shall be construed accordingly.
(4) In
relation to a provisional adoption order, Article 15(1) and (2) shall have
effect as if for the word “3”, where it occurs in those paragraphs,
there were substituted the word “6”.
(5) Any
entry in the Registers of Births or the Adopted Children Register which is
required to be marked in consequence of the making of a provisional adoption order
shall, in lieu of being marked with the word “Adopted” or
“Re-adopted” be marked with the words “Provisionally
adopted” or “Provisionally re-adopted” as the case may
require.
42 Orders[40]
(1) The
Committee may make Orders for any purpose for which Orders may be made under
this Law and generally for the purposes of carrying this Law into effect.
(2) Without
prejudice to the generality of paragraph (1), Orders may specify –
(a) the procedures to be followed by the panel;
(b) the circumstances the panel shall take into
account in recommending to the Committee the payment of an allowance; and
(c) the procedure for review, variation and
termination of allowances.
(3) The
Subordinate Legislation (Jersey) Law 1960[41] shall apply to Orders made under this Law.
43 Service of
notices, etc.
Any notice or information required
to be given under this Law may be given by post.
44 Extension of
enactments referring to adoption[42]
(1) Any
provision, however expressed, in any enactment passed before 25th
June 1965 under which a person adopted in pursuance of an adoption order
is for any purpose treated as the child of the adopter, or any other
relationship is deduced by reference to such an order, shall have effect, as
respects anything done or any event occurring on or after 25th June 1965,
if it extends only to adoptions in pursuance of orders made in Jersey, as
extending also to adoptions in pursuance of orders made, whether before or on
or after 25th June 1965, in the United Kingdom, the Isle of Man or the
Bailiwick of Guernsey, and Article 23(7) shall extend to any such order as
is mentioned in this paragraph.
(2) An
order authorizing adoption made outside Jersey on or after 25th June 1965
shall also have the same effect as an adoption order for the purposes of
Article 21(2) and Articles 22 and 29, if the order is made in the
United Kingdom, the Isle of Man or the Bailiwick of Guernsey.
(3) Where
a person adopted in pursuance of an order made, whether before or on or after
25th June 1965, in the United Kingdom, the Isle of Man or the Bailiwick of
Guernsey has subsequently become a legitimated person, and the order is then
revoked, the revocation shall not affect the operation of Article 23 as
extended by paragraph (1) in relation to an intestacy which occurred, or a
disposition which was made, before the revocation.
(4) Any
such provision as is mentioned in paragraph (1) which, by virtue of
Article 41(3) applies in relation to orders under that Article shall, as
respects anything done on or after 25th June 1965, apply also in relation
to similar orders made, whether before or after the commencement of this Law,
in the United Kingdom, the Isle of Man or the Bailiwick of Guernsey, and shall
be construed accordingly, and any such order made on or after 25th
June 1965 shall also have the same effect as an adoption order for the
purposes of the provisions mentioned in paragraph (2).
45 Evidence of
adoptions, etc.[43]
Any document which, under a
provision of any enactment of the United Kingdom, the Isle of Man or the
Bailiwick of Guernsey corresponding to Article 24(2) is receivable as
evidence of any matter in any part of the United Kingdom, the Isle of Man or the
Bailiwick of Guernsey, as the case may be, shall be so receivable in Jersey.
46 Registration of
adoptions outside Jersey[44]
(1) Where
the Superintendent Registrar is notified by the authority maintaining a
register of adoptions in the United Kingdom, the Isle of Man or the Bailiwick
of Guernsey that an order has been made in that country authorizing the
adoption of an infant to whom an entry in the Registers of Births or the
Adopted Children Register relates, the Superintendent Registrar shall cause the
entry to be marked with the words “Adopted” or “Re-adopted”,
as the case may require, followed by the name, in brackets, of the country in
which the order was made.
(2) Where,
after an entry has been so marked, the Superintendent Registrar is notified as
aforesaid that the order has been quashed, that an appeal against the order has
been allowed or that the order has been revoked, the Superintendent Registrar
shall cause the marking to be cancelled, and a copy or extract of an entry in
any register, being an entry the marking of which is cancelled under this paragraph,
shall be deemed to be an accurate copy or extract if and only if both the
marking and the cancellation are omitted therefrom.
(3) The
preceding provisions of this Article shall apply in relation to orders
corresponding to orders under Article 41 as they apply in relation to
orders authorizing the adoption of an infant:
Provided that any marking of an
entry required by virtue of this paragraph shall consist of the word “Provisionally”
followed by the words mentioned in paragraph (1).
(4) Without
prejudice to paragraphs (2) and (3), where, after an entry in the
Registers of Births has been marked in accordance with this Article, the birth
is re-registered under Article 56 or 57 of the Marriage and Civil Status (Jersey) Law 2001,[45] the entry on the re-registration shall be marked in the like
manner.[46]
47 Citation
This Law may be cited as the
Adoption (Jersey) Law 1961.