172 Adoption Of Children

AuthorRalph Hone
Pages#4

CHAPTER 172.

ADOPTION OF CHILDREN.

ARRANGEMENT OF SECTIONS.

SECTION.

  1. SHORT TITLE.

  2. INTERPRETATION.

  3. POWER TO MAKE ADOPTION ORDERS.

  4. ALIEN INFANTS.

  5. APPLICATION BY Two SPOUSES JOINTLY.

  6. RESTRICTIONS ON MAKING OF ADOPfION ORDERS.

  7. CONSENT OF PARENT OR GUARDIAN.

  8. MATTERS WITH RESPECT TO WHICH COURT TO BE SATISFIED.

  9. TERMS AND CONDITIONS OF ORDER.

  10. EVIDENCE OF PATERNITY.

  11. EFFECT OF ADOPTION ORDER.

  12. PROVISIONS RELATING TO DEVOLUTION OF REAL AND PERSONAL PROPERTY.

  13. DEFINITION OF 'RELATIVE'.

  14. PROHIBITED DEGREES OF CONSANGUINITY.

  15. POWER OF COURT TO MAKE INTERIM ORDER.

  16. POWER TO MAKE SUiSEQUENT ORDER IN CASE OF INFANT SUBJECT TO ORDER.

  17. RULES.

  18. COURT TO APPOINT GUARDIAN ad litem.

  19. PROmBITION OF PAYMENT OR REWARD.

  20. PROVISIONS AS To EXISTING de facto ADOPTIONS.

  21. ADOPTED CHILDREN REGISTER.

  22. GOVERNOR MAY MAKE CERTAIN RULES.

    SCHEDULE.

    FORM OF ENTRY TO BE MADE IN REGISTER.

    CHAPTER 172.

    ADOPTION OF CHILDREN.

    AN ACT TO MAKE PROVISION FOR THE ADOPTION OF INFANTS.

    [22nd July 1954.1

  23. This Act may be cited as The Adoption of Children Act.

    52 of 1954.

    46 of 1964.

    Short title.

  24. In this Act, unless the context otherwise Interpretation.

    requires'adopted child' means any infant authorized by the court to be adopted;

    'adopter' means a person authorized by the court to adopt an infant;

    'adoption order' means an order made under section 3 of this Act;

    'the court' means the Supreme Court;

    'infant' means a person under the age of twentyone;

    'Registrar' means the Registrar General and includes the Assistant Registrar General;

    'Registry' means the Registrar General's Department;

    'relative' in relation to an infant means a grandparent, brother, sister, uncle or aunt, whether of the full blood, of the half blood or by affinity, and includes(a) where an adoption order has been made in respect of the infant or any other person, 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.

    wFi would be a relative of the infant within the meaning of this definition if the infant were the legitimate child of its mother and father.

    Power to make adoption orders.

    Alien infants.

    Application by two spouses jointly.

    Restrictions on making of adoption orders.

  25. Upon an application in the prescribed manner being made by any person desirous of being authorized to adopt an infant who has never been married the court may, subject to the provisions of this Act, make an order (in this Act referred to as an adoption order) authorizing the applicant to adopt the infant, and it is hereby declared that the power of the court to make adoption orders shall include power to make an adoption order authorizing the adoption of an infant by the mother or father of the infant, either alone or jointly with her or his spouse.

  26. An adoption order may be made in respect of an infant who is not a British subject.

  27. Where an application for an adoption order is made by two spouses jointly the court may make the order authorizing the two spouses jointly to adopt, but save as aforesaid, no adoption order shall be macre authorizing more than one person to adopt an infant.

  28. -(1) An adoption order shall not be made unless the applicant or, in the case of a joint application, one of the applicants(a) has attained the age of twenty-five and is at least twenty-one years older than the infant in respect,of whom the application is made; or (b) has attained the age of twenty-one and is a relative of the infant; or (c) is the mother or father of the infant.

    (2) An adoption order shall not be made in any case where the sole applicant is a male and the infant in respect of whom the application is made is a female unless the court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order.

    (3) An adoption order shall not be made upon the application of one of two spouses without the consent of the other of them:

    Provided that the court may dispense with any consent required by this subsection if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving such consent or that the spouses have separated and are living apart and that the separation is likely to be permanent.

  29. -(1) An adoption order shall not be made except with the consent of every person or body who is a parent or guardian of the infant, or who is liable by virtue of any order or agreement to contribute to the maintenance of the infant:

    Provided that the court may dispense with any consent required by this subsection if it is satisfied(a) in the case of a parent or guardian of the infant, that he has abandoned, neglected or persisently ill-treated the infant;

    (b) in the case of a person liable as aforesaid to contribute to the maintenance of the infant, that he has persistently neglected or refused so to contribute;

    (c) in any case, that the person whose consent is required cannot be found, or is incapable of giving his consent or that his consent is unreasonably withheld.

    (2) The consent of any person to the making of an adoption order in pursuance of an application may be given (either unconditionally or subject to conditions with respect to the religious persuasion in which the infant is to be brought up) without knowing the identity of the applicant for the order; and where consent so given by any person is subsequently withdrawn on the ground only that he does not know the identity of the applicant, his consent shall be deemed for the purposes of this section to be unreasonably withheld.

    (3) Where any person whose consent to the making of an adoption order is required by this section does not attend in the proceedings for the purpose of giving it, a document signifying his consent to the making of such an order shall, if the person in whose favour the order is made is named or otherwise described in the document, be admissible as evidence of that consent, whether the document is executed before or after the commencement of the proceedings; and where any such document is attested by a justice of the peace or notary public (or, if executed outside the Colony, by a person of any such class...

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