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Adoption of Infants Ordinance

PITCAIRN ISLAND

Revised Edition 2009

CHAPTER XVIII

ADOPTION OF INFANTS

Section 11

ADOPTION OF INFANTS RULES 1976

Made by the Governor

Rules 8th November 1976.

Short title.

1. These Rules may be cited as the Adoption of Infants Rules.

Interpretation.

2. In these Rules— "ordinance" means the Adoption of Infants Ordinance;"applicant" means the person or persons making an application under the ordinance.

Application.

3.—(1) An application for an Adoption Order shall be in Form No.1 in the Schedule to these Rules and shall be made to the Magistrate's Court.

(2) The application shall be accompanied by—

(a) the original documents referred to therein;

(b) a copy of the application;

(c) a copy of every such original document.

(3) The application shall be supported by an affidavit made by the applicant in manner appearing in the said Form No.1.

(4) Any document signifying the consent of any person to the making of an Adoption Order for the purposes of section 5of the ordinance shall be in Form No.2 in the Schedule hereto and if executed before the commencement of the proceedings shall be attached to the application.

(5) A document executed outside Pitcairn Island signifying consent to the making of an Adoption Order shall be sufficiently attested for the purposes of subsection (3) of section 5 of the ordinance if it is attested by any of the following persons:—

(a) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;

(b) a British consular officer;

(c) a notary public; or

(d) 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 these forces.

Where previous application refused.

4. If it appears to the Court that the applicant has made a previous application under the ordinance 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.

Guardian at law to be appointed.

5.—(1) Subject to the provisions of Rule 4 of these Rules, the Court shall as soon as practicable after an application is made appoint a guardian at law of the infant and shall furnish him with a copy of the application and of every document referred to therein.

(2) The Court may revoke at any time the appointment of a guardian at law and may appoint another in his place.

(3) The following persons or bodies shall be made respondents, namely, the infant in respect of whom the application is made, the guardian at law of the infant, every person or body who is a parent or guardian of the infant, or has the actual custody of the infant or is liable to contribute to the support of the infant, and the spouse, if any, of the applicant, except in the case of a joint application by two spouses.

Time for hearing.

(4) As soon as the guardian at law has been appointed the Court shall fix a time for the hearing of the application and shall issue a notice in Form No.3 in the Schedule to these Rules addressed to the respondents and shall direct the applicant to cause such notice to be served on each of them:

Provided that where the infant is in the actual custody of any person or body such notice need not be served on the infant but may require such person or body to produce the infant to the court.

Service.

6. Any notice under these Rules shall be served upon any respondent to whom it is addressed either by delivering a copyto him personally or by leaving a copy with some person for him at his last or usual place of abode whether such place of abode is in Pitcairn Island or elsewhere:

Provided that where the respondent is a body, the copy shallbe sent by registered post to the registered office of that body or if there is no registered office to the place where the body transacts or carries on its business.

Consent of local authority, etc.

7. Where the consent of a local authority or other body of persons to the making of an Adoption Order is necessary under the ordinance such consent may be given on its behalf by any officer or agent of that body duly authorised in writing in that behalf by such body.

Duty of guardian at law.

8.—(1) It shall be the duty of the guardian at law to investigate as fully as possible all the circumstances of the infant and the applicant and all other matters relevant to the proposed adoption with a view to safeguarding the interests of the infant before the Court and in particular it shall be his or her duty to include in such investigation the following questions—

(a) whether the application is true and complete particularly as regards the date of birth and the identity of the infant;

(b) 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;

(c) whether the means and status of the applicant are such as to enable the applicant to maintain and bring up the infant suitably and what right to or interest in property the infant has;

(d) what insurance, if any, has been effected on the life of the infant;

(e) whether it is desirable for the welfare of the infant that the Court should be asked to make an interim order or, in making an Adoption Order, to impose any particular terms or conditions or to require the adopter to make any particular provisions for the infant.

(2) The guardian at law shall regard all information obtained by him or her in the course of the investigation as confidential and shall not divulge any part of it to any other person except so far as may be necessary for the proper execution of his or her duty.

(3) On completing the investigations the guardian at law shall make a confidential report in writing to the court.

(4) With a view to obtaining the directions of the Court on any particular matter the guardian at law may at any time make such interim report to the Court as appears to him or her to be necessary.

Hearing in private.

9. Every application under the Ordinance shall be made, heard and determined in private.

Personal attendance.

10.—(1) The Court shall not make an Adoption Order or an interim order except upon or after the personal attendance before the Court of the applicant:

Provided that where the application is made by two spouses jointly the Court may dispense with the personal attendance of one of the applicants.

(2) If the applicant has been informed that the personal attendance of the infant at the hearing is required, the Court shall not make an Adoption Order or an interim order unless—

(a) the infant has so attended or the Court decides that there are special circumstances making such attendance unnecessary; and

(b) the Court is satisfied that the infant has been

Powers of Court as to separate attendance of parties.

11. The Court may direct that any one or more of the respondents shall attend and be heard and examined separately and apart from the applicant or any other respondent if the Court is satisfied that this course is desirable and will not prejudice the determination of any question involved.

Notice to respondent not in attendance.

12. On any adjournment of the hearing the Court may issue to any respondent not in attendance a notice of the time and place to which the hearing is adjourned and may direct the applicant to cause it to be served.

Refusal.

13. If owing to special circumstances an application appears to the Court to be more fit to be dealt with by the Supreme Court the Court may on that ground expressly refuse to make an order.

Form of orders.

14.—(1) An Adoption Order or an interim order shall be drawn up in Form No.4 or No.5 in the Schedule to these Rules as the case may require.

(2) No copy or duplicate of such order shall be given to or served upon any person other than the applicant and the Registrar except by special direction of the Supreme Court or of the Magistrate's Court.

(3) An interim order may include such terms as regards the exercise of supervision by the guardian at law or otherwise as the Court may think fit.

Procedure where application postponed.

15.—(1) Where the determination of an application has been postponed and an interim order has been made, the applicant shall at least two months before the expiration of the order apply to the Court to proceed with the determination of the application and it shall thereupon be lawful for the Court to fixa time for the further hearing of the application and to issue a notice in Form No.6 in the Schedule to these Rules addressed to the respondents and to direct the applicant to cause such notice to be served on each of them:

Provided that where the infant is in the actual custody of the applicant the notice need not be served on the infant.

(2) Where the applicant so applies, an Adoption Order shall not be made unless the applicant, the infant and the guardian at law have attended the further hearing.

Copy to be sent to Registrar of Births and Deaths.

16. It shall be the duty of the Registrar of the Court to cause a certified copy or a duplicate of such order to be forwarded within seven days to the Registrar of Births and Deaths.

Application of Justice Ordinance.

17. Subject to these Rules, the Justice Ordinance and the rules made there under shall apply to proceedings under the ordinance so far as they are practicable.

cap. 3

Forms.

18. The forms in the Schedule hereto shall be used on applications under the ordinance and in any case where no form is included in the Schedule the forms in use in the Magistrate's Court may be adapted with such variations as may be necessary.

cap. 3

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SCHEDULE

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