ADOPTION OF CHILDREN: SUBSIDIARY LEGISLATION

ADOPTION OF CHILDREN: SUBSIDIARY LEGISLATION

ADOPTION OF CHILDREN (SUBORDINATE COURTS) RULES

under s. 9

G.N. 136/1949
47/1968
75/1969
87/1980

1.    Citation

    These Rules may be cited as the Adoption of Children (Subordinate Courts) Rules.

2.    Interpretation

    In these Rules, unless the contrary intention appears—

    ‘‘the Act’’ means the Adoption of Children Act;

    ‘‘the court’’ means the subordinate court having jurisdiction under section 9 of the Act;

    ‘‘the magistrate’’ means the magistrate of the court;

    ‘‘the infant’’ means the child proposed for adoption;

    ‘‘the petitioner’’ means the person or persons applying for the adoption.

3.    Application to be by petition

    An application for an adoption order shall be made by petition to the court intituled in the matter of the Act and in the matter of the infant. The proposed adopter shall be the petitioner. The petition shall be in accordance with Form No. 1 in the Schedule with such variations as the circumstances may require.

4.    Who are to be served

    The petition shall be served on—

    (a)    the parent or parents of the infant;

    (b)    the guardian or guardians of the infant;

    (c)    the person or persons having the actual custody of the infant;

    (d)    the person or persons liable to contribute to the support of the infant,

    but the magistrate may in his discretion dispense with service on any of those persons, and may in his discretion order the petition to be served on any other person.

5.    Consents in writing

    Every consent required under section 3 (3) and (4) of the Act shall be in writing and shall be in accordance with Form No. 2 in the Schedule and shall be attested by one witness.

6.    Mode of service

    Every petition or other document shall be served by being posted in a prepaid registered envelope addressed to the person to be served, unless the court otherwise directs, and shall at the expiration of such period of time as may to the court seem proper from the time of posting be deemed to have been served, unless the contrary appears. The service of every petition, notice or other document not served by the court shall be verified by affidavit, unless the magistrate otherwise directs.

7.    Verification by affidavit

    The petition shall be verified by affidavit paragraph by paragraph. There shall be exhibited to the affidavit all certificates, consents and other documents proper for proving the allegations in the petition. Evidence shall be by affidavit, unless the magistrate thinks proper to direct evidence to be given orally, which he shall have power to do.

8.    Guardian ad litem

    The infant shall be a respondent to the petition. As soon as practicable after the filing of the petition, the magistrate shall appoint a guardian ad litem to the infant, and shall thereupon cause the petition to be served on the guardian ad litem.

9.    Notice of hearing

    When a guardian ad litem has been appointed, the magistrate shall appoint a day for the hearing of the petition, and shall give notice to all parties, including the guardian ad litem, of the day so appointed. The notice shall be served seven clear days before the day appointed for the hearing and shall be in accordance with Form No. 3 in the Schedule.

10.    Secrecy

    All documents filed in the court shall be confidential, and shall be kept secret. Every petition and every application shall be heard and determined in camera.

11.    Copies of order

    No copy or duplicate of any order made by the court shall be given to or served upon any person other than the petitioner and the Registrar General of Births and Deaths, unless the High Court or the magistrate otherwise directs.

12.    Duty of guardian ad litem

    It shall be the duty of the guardian ad litem to investigate as fully as possible all the circumstances of the infant and the petitioner, and all other matters relevant to the proposed adoption with a view to safeguarding the interests of the infant, and, in particular, it shall be his duty to include in his investigation the following questions:

    (a)    whether the statements in the petition are true;

    (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 petitioner are such as to enable him 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 to impose in making an adoption order any particular…