ADOPTION OF CHILDREN
—(1) These Rules apply to proceedings under the Adoption of Children Act (Chapter 4) subject to the following Rules of this Order.
(2) In this Order —
“Act” means the Adoption of Children Act (Chapter 4);
“applicant” means the person or persons applying for an adoption order;
“infant” means the child proposed for adoption.
—(1) An application for an adoption order must be made by originating summons which shall seek the following reliefs:
that the Director of Social Welfare may be appointed guardian in adoption12 of the infant, whose original name shall be stated;
that an Order for the adoption of the infant, specifying the applicant’s intended name for the infant, may be made in pursuance of the Adoption of Children Act with all necessary directions;
that the costs of the application may be provided for as the Court may direct;
that service of the originating summons and the supporting affidavit on any persons as required under Rule 4 be dispensed with, where applicable.
(2) The proposed adopter shall be the applicant and the infant shall be named in the title of the originating summons.
3. Within 7 days after filing the originating summons, the applicant shall file an affidavit verifying the information in the Statement in Form 151 and there shall be exhibited thereto —
the Statement in Form 151; and
all certificates, consents and other documents proper for proving the averments in the affidavit.
4. The originating summons and the supporting affidavit must be served personally on —
the parent of the infant;
the guardian of the infant;
the person having the actual custody of the infant; or
the person liable to contribute to the support of the infant,
but the Court may in its discretion dispense with service on any of these persons or order the originating summons and the supporting affidavit to be served on any other person.
—(1) As soon as practicable after the filing of the originating summons and the supporting affidavit, the Registrar must appoint a day for the hearing of the originating summons for the appointment of a guardian in adoption12 to the infant and the originating summons and the supporting affidavit must be served on the proposed guardian in adoption12 within 7 days from the date of filing of the originating summons and the supporting affidavit.
(2) The Court may appoint the Director of Social Welfare, upon his consent, and upon the applicant undertaking to pay his costs, as such guardian in adoption12, but the Court may for special reasons appoint any other fit and proper person as such guardian in adoption12.
—(1) Every consent required under section 4 of the Act must be attested by a solicitor, a Commissioner for Oaths, a notary public or any person for the time being authorised by law in the place where the document is executed to administer oaths and must be in Form 152.
(2) An application for dispensation of consent must be in Form 153 and must be served on the person whose consent is to be dispensed with, unless the Court otherwise orders.
(3) An order for dispensation of consent must be in Form 154.
—(1) The guardian in adoption12 must file an affidavit before the further hearing of the originating summons setting out the result of any investigation made as to the circumstances of the infant and the applicant, and all other matters relevant to the proposed adoption with a view to safeguarding the interest of the infant, and as to the following questions in particular so far as he has been able to ascertain:
whether the averments in the affidavit are true;
whether any payment or other reward in consideration of the adoption has been received or agreed upon, and whether it is consistent with the welfare of the infant;
whether the means and status of the applicant are such as to enable him to maintain and bring up the infant suitably, and what right or interest in property the infant has; and
whether it is desirable for the welfare of the infant that the Court should be asked to make an interim order or to impose in making an adoption order any particular terms and conditions or to require the applicant to make any particular provision for the infant.
(2) Where the Director of Social Welfare is the guardian in adoption12 of the infant, the affidavit may be sworn by the Director or any public officer appointed by him to conduct the required investigation.
(3) The guardian in adoption12 shall send the affidavit filed under paragraph (1) or (2) to the business address of the solicitor (if any) who is acting for the applicant in the proceedings or if the applicant is unrepresented, to the applicant at his usual or last known address.
(4) The applicant or his solicitor shall file the guardian in adoption12’s affidavit before the further hearing of the originating summons.
—(1) When the applicant or his solicitor has filed the affidavit under Rule 7, the Registrar must appoint a day for the further hearing of the originating summons.
(2) The applicant or his solicitor shall file the notice of the further hearing in Form 155 and serve it on all parties at least 7 days before the date of the further hearing.
9. All documents filed in the proceedings shall be confidential and subject to the requirements of the Rules as to service of such documents no inspection thereof shall be given or copy thereof supplied except by the written authority of the Court.
Hearing in Chambers (O. 68, r. 10)
10. [Deleted by S 806/2005]
11. The Judge may refuse to make an adoption order or an interim order unless all parties including the infant attend before him, but he shall have power in his discretion to dispense with the attendance of any party including the infant, or to direct that any party attend separately and apart from the others, or that any party including the infant shall be interviewed privately by him.
12. If it appears that the applicant has made a previous application under the Act in respect of the same infant and that such application has been refused, the Court shall not make an adoption order or an interim order unless satisfied that there has been a substantial change in the circumstances of the case.
13. An interim order may provide for the supervision of the infant by the guardian in adoption12 or otherwise as the Court thinks just.
14. The Court may make such orders as to costs as it thinks just and may direct that all the costs of an originating summons under the Act shall be borne and paid by the applicant.
15. The Registrar shall keep in a place of special security all documents relating to any application or order made under the Act.