{"kind":"expression","expression":{"expr_id":"392","doc_id":"392","label":"2021 Revision","is_as_enacted":"f","commenced_on":"2021-01-12","superseded_on":null,"valid_from":"2021-01-12","valid_to":null,"is_current":"t","incorporating":"[\"LAW 36\/2020 - Adoption of Children (Amendment) Law, 2020 - 4-Sept-2020 - LG64\/2020\/s2\", \"LAW 7\/2013 Adoption of Children Law, 2013 (part) - 8-Oct-2014 - GE41\/2013\/s1\", \"LAW 56\/2020 Citation of Acts of Parliament Act, 2020 - 3-Dec-2020 - LG89\/2020\/s1\"]","akn_expr_iri":"\/akn\/ky\/act\/1967\/42\/eng@2021-01-12","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1967\/42\", \"expression\": \"\/akn\/ky\/act\/1967\/42\/eng@2021-01-12\", \"manifestation\": \"\/akn\/ky\/act\/1967\/42\/eng@2021-01-12.pdf\"}, \"pdf\": {\"md5\": \"46f99ada781d79297844b5301c49df25\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1967\/1967-0042\/1967-0042_2021 Revision.pdf\", \"pages\": 68, \"filename\": \"1967-0042_2021 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 17331, \"paragraph_count\": 25, \"text_char_count\": 115063}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Adoption of Children Act (2021 Revision) 10. 11. APPENDIX Form 1 Form of notice of an application for a licence under section 23 of the Adoption of Children Act (2021 Revision). Form 2 Form of notice of hearing Form 3 Form of notice requiring production of child at the hearing of an application Form 4 Form of Declaration of Service Form 5 Form of consent to the making of an application Form 6 Form of Licence FOURTH SCHEDULE ADOPTED CHILDREN REGISTER FIFTH SCHEDULE LISTED COUNTRIES ENDNOTES Adoption of Children Act (2021 Revision) (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Adoption of Children Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Act \u2014 \u201cadopter\u201d means a person who is proposing to adopt, or who has adopted, a child in pursuance of an adoption order; \u201cadoption order\u201d means an order made under section 9; \u201cBoard\u201d means the Adoption Board established under section 3; \u201cchild\u201d means a person under the age of eighteen years; \u201ccivil partner\u201d has the meaning assigned by the Civil Partnership Act, 2020 [Law 35 of 2020]; \u201ccivil partnership\u201d has the meaning assigned by the Civil Partnership Act, 2020 [Law 35 of 2020]; \u201cCourt\u201d means the Grand Court; \u201cfather\u201d, in relation to an illegitimate child, means the natural father; \u201cguardian\u201d, in relation to a child, means a person appointed by deed or will or by a Court of competent jurisdiction to be that child\u2019s guardian; \u201cJudge\u201d means a Judge of the Grand Court; \u201cmember\u201d means a member of the Board; Adoption of Children Act (2021 Revision) \u201cRegistrar\u201d means the person having general responsibility for the registration of births in the Islands; and \u201crelative\u201d, in relation to a child, means a grandparent, brother, sister, aunt or uncle, whether of the full blood or half blood or by affinity (by marriage or civil partnership), and includes any person who would be a relative of the child within the meaning of this definition if the adopted person were the child of the adopter, where an adoption order has been made in respect of the child or any other person;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Adoption Board 3. (1) A Board, called the Adoption Board, is established which shall consist of a chairperson and not more than five other members to be appointed by the Cabinet. (2) Each appointment is for a period of two years unless revoked by the Cabinet. (3) At meetings of the Board from which the chairperson is absent the members present shall appoint one of their number to the chair. (4) The quorum of the Board is three. (5) The Cabinet may appoint any person to act in the place of any member who is absent or unable to act. (6) The Board has power to regulate its own procedure. (7) (a) The Board may, with the approval of the Cabinet, appoint and employ at such remuneration and on such terms and conditions as it thinks fit such officers, agents and servants as it deems necessary for the proper carrying out of this Act. (b) The expenses of the Board (including the remuneration of its staff) are defrayed out of sums provided for the purpose by the Cayman Islands Parliament. (8) The Board may appear and be represented at any stage of the proceedings in a Court by one of its officers or by any person it authorises in that behalf.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Restriction on making arrangements for the adoption of children 4. (1) Subject to section 5, whoever takes part in arranging an adoption for gain or reward or in the management or control of a body of persons other than the Board which exists wholly or in part for the purpose of making arrangements for the adoption of children, commits an offence and is liable on summary conviction to a fine of four hundred dollars and to imprisonment for six months. (2) A person is deemed to make arrangements for the adoption of a child if that person, not being the parent or guardian of the child, enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected or is intended to be effected, Adoption of Children Act (2021 Revision) 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 in that behalf, or if the person causes another so to do.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Duties of Board 5. It is the duty of the Board to \u2014 (a) make arrangements for the adoption of children and for that purpose to receive applications from parents, guardians and adopters; and (b) do such things and make such investigations concerning the adoption of children for the consideration of the Court as may be prescribed under section 8.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Arrangements made by Board 6. (1) Where arrangements are made by the Board for the adoption of a child, an application to the Court for an adoption order in respect of the child shall not be made by the adopter until the expiration of a period of three months from the date upon which the child is delivered into the care and possession of the adopter pursuant to the arrangements and, at any time during that period \u2014 (a) the adopter may give notice in writing to the Board of the adopter\u2019s intention not to adopt the child; or (b) the Board may cause notice in writing to be given to the adopter of its intention not to allow the child to remain in the care and possession of the adopter, and where a notice is so given, the adopter shall, within seven days of the date on which the notice was given, cause the child to be returned to the Board for the purpose of restoring the child to the parents or guardian. (2) The Board shall appoint one or more persons whose duty shall be to keep the child under close supervision during the said period of three months in accordance with the Regulations. (3) If, at the expiration of the said period of three months, no notice has been given as aforesaid, the adopter shall, within three months from the date upon which that period so expired, apply to the Court for an adoption order in respect of the child or shall give notice in writing to the Board of the adopter\u2019s intention not to apply for such an order, and, where notice is so given or where an application for an adoption order in respect of the child is refused by the Court, the adopter shall, within seven days of the date on which the notice was given or of the date upon which the application is so refused, as the case may be, cause the child to be returned to the Board for the purpose of restoring the child to the parents or guardian. Adoption of Children Act (2021 Revision) (4) Whoever contravenes this section has committed an offence and is liable, on summary conviction, to a fine of one hundred dollars and to imprisonment for six months, and the Court by which the offender is convicted may order a child in respect of whom the offence is committed to be returned to that child\u2019s parents or guardian or to the Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Appeals by persons desirous of adopting children 7. Where any person has made representations to the Board with a view to the adoption of a child, and the Board are of the opinion that the adoption of the child by such person would not be in the best interests of the child, the Board shall notify such person accordingly, and such person may appeal from the decision of the Board to a Judge in Chambers.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Regulations 8. (1) The Cabinet may make regulations \u2014 (a) regulating the conduct of negotiations entered into by or on behalf of the Board with persons having the care and possession of children who are desirous of causing children to be adopted, and in particular for securing \u2014 (i) that, where the parent or guardian of a child proposes to place the child at the disposition of the Board with a view to the child being adopted, that person shall be furnished with a memorandum in the prescribed form explaining in ordinary language the effect, in relation to that person\u2019s rights as a parent or guardian, for the making of an adoption order in respect of the child, and calling attention to this Act and of any Rules made hereunder relating to the consent of a parent or guardian to the making of such an order, and (ii) that, before so placing the child at the disposition of the Board, the parent or guardian shall sign a document in the prescribed form verifying that that parent or guardian has read or had read and understood the said memorandum; (b) requiring that the case of every child proposed to be delivered by or on behalf of the Board into the care and possession of an adopter shall be considered by a committee (to be called a \u201ccase committee\u201d) comprised of not less than three members of the Board; (c) prescribing, in the case of every such child as aforesaid, the inquiries which must be made and the reports which must be obtained by the Board in relation to the child and the adopter for the purpose of ensuring so far as may be, the suitability of the child and the adopter respectively, and, in particular, for requiring that a report on the health of the child and prospective adopter signed by a duly qualified medical practitioner be obtained by the Board; Adoption of Children Act (2021 Revision) (d) securing that no such child shall be delivered into the care and possession of an adopter by or on behalf of the Board until the adopter has been interviewed by the case committee or by some person on its behalf, until a representative of the committee has inspected any premises in the Islands in which the adopter intends that the child should reside permanently, and until the committee has considered the prescribed reports; (e) making provision for the care and supervision of children who have been placed by their parents or guardians at the disposition of the Board; and (f) generally for carrying out the purposes of this Act. (2) Whoever contravenes any regulation commits an offence and is liable on summary conviction to a fine of fifty dollars and, in the case of a second or subsequent conviction, to a fine of one hundred dollars. (3) The Regulations in the First Schedule apply until varied by Regulations made under subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Power to make adoption orders 9. (1) Subject to this Act, the Court may, upon an application made in the prescribed manner by a person domiciled in the Islands, make an order authorising the applicant to adopt a child. (2) An adoption order may be made on the joint application of two spouses or civil partners who, at the date of the application, have been married or party to a civil partnership and living together for no less than three years. (3) An adoption order may be made authorising the adoption of a child by the mother or father of the child, either alone or jointly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Restrictions on making adoption orders 10. (1) An adoption order shall not be made in respect of a child unless \u2014 (a) the applicant, or in the case of a joint application, one of the applicants \u2014 (i) has attained the age of twenty-five years but is not over the age of sixty-five years; or (ii) is the mother or father of the child; and (b) the child \u2014 (i) is born in the Islands; (ii) is the child of a person possessing Caymanian status; or (iii) is, with the permission in writing of the Chief Immigration Officer for the express purposes of the adoption proceedings, resident in the Islands. Adoption of Children Act (2021 Revision) (2) An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant who is a male, unless the Court is satisfied that there are special circumstances which justify making such an order. (3) Except as provided by section 9(2), an adoption order shall not be made authorising more than one person to adopt a child. (4) Subject to section 11, an adoption order shall not be made \u2014 (a) in any case, except with the consent of every person who is a parent or guardian of the child or who is liable by virtue of any order or agreement to contribute to the maintenance of the child;or (b) on the application of a spouse or civil partner, except with the consent of the other spouse or civil partner. (5) Subject to subsection (6), an adoption order shall not be made unless the applicant and the child reside in the Islands. (6) An adoption order may be made on the application of a person who, though domiciled in the Islands, is not ordinarily resident in the Islands; so, however, that in relation to such an application this Act shall be modified by the substitution in section 6(1), (2) and (3) of the words \u201cperiod of six months\u201d for the words \u201cperiod of three months.\u201d\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Consent to adoption 11. (1) The Court may dispense with any consent required by paragraph (a) of section 10(4) if it is satisfied \u2014 (a) in the case of a parent or guardian of the child, that that parent or guardian has abandoned, neglected or persistently ill-treated the child or has persistently failed without reasonable cause to \u2014 (i) discharge the obligations of a parent or guardian of the child; or (ii) demonstrate interest in the child; (b) in the case of a person liable by virtue of an order or agreement to contribute to the maintenance of the child, that that person has persistently neglected or refused so to contribute; or (c) in any case, that the person whose consent is required cannot be found or is incapable of giving their consent or that their consent is unreasonably withheld or for any other reason such consent should be dispensed with. (2) The Court may dispense with the consent of the spouse or civil partner of an applicant for an adoption order if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving the consent or that the spouses or civil partners have separated and are living apart and that the separation is likely to be permanent. Adoption of Children Act (2021 Revision) (3) The consent of any person to the making of an adoption order in pursuance of an application (not being the consent of the child) may be given (either unconditionally or subject to conditions with respect to the religious persuasion in which the child 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 that person does not know the identity of the applicant, that person\u2019s consent shall be deemed for the purposes of this section to be unreasonably withheld. (4) While an application for an adoption order in respect of a child is pending in the Court, a parent or guardian of the child who has signified their consent to the making of an adoption order in pursuance of the application shall not be entitled, except with leave of the Court, to remove the child 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 child.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Interim orders 12. (1) The Court may, upon an application for an adoption order, postpone the determination of the application and make an interim order giving the custody of the child to the applicant for a period not exceeding two years by way of a probationary period upon such terms as regards provision for the maintenance, education and supervision of the child and otherwise as the Court may think fit. (2) All such consents as are required to an adoption order shall be necessary for 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 is not an adoption order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Evidence of consent of parent or guardian 13. (1) Where any person whose consent to the making of an adoption order is required by paragraph (a) of section 10(4) does not attend in the proceedings for the purpose of giving it, then, subject to subsection (3) hereof, a document signifying that person\u2019s consent to the making of such an order shall, 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, be admissible as evidence of that consent, whether the document is executed before or after the commencement of the proceedings. (2) Where any such document is attested by a Justice of the Peace, the document shall be admissible as aforesaid without further proof of the signature of the person by whom it is executed; and for the purposes of this subsection, a document purporting to be attested as aforesaid shall be deemed to be so attested, and to be executed and attested on the date and at the place specified therein, unless the contrary is proved. Adoption of Children Act (2021 Revision) (3) A document signifying the consent of the mother of a child shall not be admissible under this section unless \u2014 (a) the child is at least six weeks old on the date of the execution of the document; and (b) the document is attested on that date by a Justice of the Peace.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Functions of Court as to adoption orders 14. (1) The Court, before making an adoption order, shall be satisfied \u2014 (a) that every person whose consent is necessary not dispensed with, has consented to and understands the nature and effect of the 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 that parent of their parental rights; (b) that the order if made will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child, having regard to its age and understanding; 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) 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 child such provision, if any, as in the opinion of the Court is just and expedient.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Rights and duties of parents and capacity to marry or enter into a civil partnership 15. (1) Upon an adoption order being made, all rights, duties, obligations and liabilities of the parents or guardians of the child in relation to its future custody, maintenance and education, including all rights to appoint a guardian and to consent or give notice of dissent to marriage or to entering into a civil partnership, 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 child were a child born to the adopter; and in respect of the matters aforesaid the child shall stand to the adopter exclusively in the position of a child born to the adopter. (2) In any case where two spouses or civil partners are the adopters, the spouses or civil partners shall, in respect of the matters aforesaid, and for the purpose of the jurisdiction of the Court to make orders as to the custody and maintenance of and right of access to children, stand to each other and to the child in the same relation as they would have stood if they had been the lawful father and mother Adoption of Children Act (2021 Revision) of the child and the child shall stand to them respectively in the same relation as to a lawful father and mother respectively. (3) For the purpose of the law relating to marriage or civil partnership, an adopter and the person whom the adopter has been authorised to adopt under an adoption order shall be deemed to be within the prohibited degrees of consanguinity; and this provision shall continue to have effect notwithstanding that some person other than the adopter is authorised by a subsequent order to adopt the same child.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Affiliation orders, etc. 16. (1) Where an adoption order is made in respect of a child who is subject to subsection (2), any affiliation order or decree of affiliation in force with respect to the child, and any agreement whereby the father of the child has undertaken to make payments specifically for the benefit of the child, shall cease to have effect, but without prejudice to recovery of any arrears which are due under the order, decree or agreement at the date of the adoption order. (2) Where a child to whom any such order, decree or agreement as aforesaid relates is adopted by that child\u2019s mother, and the mother is a single woman, the order shall not cease to have effect by virtue of the foregoing subsection upon the making of the adoption order, but shall cease to have effect if she subsequently marries or enters into a civil partnership.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Intestacies, wills and settlements 17. (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 property subject to an entailed interest under a disposition made before the date of the adoption order), that property shall devolve in all respects as if the adopted person were the child of the adopter and were not the child of any other person. (2) 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, any reference (whether express or implied) \u2014 (a) to a child of the adopter shall, unless the contrary intention appears, be construed as, or as including, a reference to an adopted child; (b) to a child of the adopted person\u2019s 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) 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 that person were the child of the adopter and were not the child of any other person. Adoption of Children Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Provisions supplementary to section 17 18. (1) For the purposes of the devolution of any property in accordance with section 17, and for the purposes of the construction of any such disposition as is mentioned in that section, 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 \u2014 (a) where the adopted person was adopted by two spouses or civil partners jointly, and that other person is the child or adopted child of both of them, as brother or sister of the whole blood; and (b) in any other case as brother or sister of the half-blood. (2) For the purposes of section 17(2) and of subsection (4) hereof a disposition made by will or codicil shall be treated as made on the date of the death of the testator. (3) Notwithstanding anything in section 17, trustees or personal representatives may convey or distribute any real or 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 they have not had notice at the time of the conveyance or distribution; but nothing in this subsection shall prejudice the right of any such person to follow the property, or any property representing it, into the hands of any person, other than a purchaser, who may have received it. (4) Where an adoption is made in respect of a person who has been previously adopted, the previous adoption shall be disregarded for the purposes of section 17, in relation to the devolution of any property on the death of a person dying intestate 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Power to make subsequent order 19. An adoption order or an interim order may be made in respect of a child who has already been the subject of an adoption order, and, upon any application for such further adoption order or interim order, the adopter or adopters under the adoption order last previously made shall be deemed to be the parent or parents of the child for all purposes of this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Jurisdiction and procedure 20. (1) The Court having jurisdiction to make adoption orders under this Act is the Grand Court. (2) Rules directing the manner in which applications to the Court are to be made, for regulating appeals under section 7 and dealing generally with all the matters Adoption of Children Act (2021 Revision) of procedure and incidental matters arising out of this Act, and for carrying this Act into effect shall be made by the Chief Justice. Such Rules may provide for applications for adoption orders being heard and determined otherwise than in open Court. (3) The Rules in the Second Schedule apply until varied or revoked by Rules made under subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Restriction on advertisements 21. (1) It is not be lawful for any advertisement to be published indicating that \u2014 (a) the parent or guardian of a child is desirous of causing the child to be adopted; or (b) a person is desirous of adopting a child, or any person (not being the Board) is willing to make arrangements for the adoption of a child. (2) Whoever causes to be published, or knowingly publishes, an advertisement in contravention of section (1), commits an offence and is liable on summary conviction to a fine of one hundred dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Restrictions on sending children abroad for adoption 22. (1) It is not lawful for a person, in connection with any arrangements made for the adoption of a child who is a British subject, to permit, or to cause or procure, the care and possession of the child to be transferred to a person who is not a citizen of a country listed in the Fifth Schedule or the guardian or a relative of the child and who is resident outside the Islands. (2) It is not lawful for a person, in connection with any such arrangements, to permit, or to cause or procure, the care and possession of such a child to be transferred to a person who is a citizen of a country listed in the Fifth Schedule resident outside the Islands and who is not the guardian or relative of the child, unless a licence has been granted in respect of the child under section 23. (3) Whoever contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of one hundred dollars and to imprisonment for six months. (4) In any proceedings under this section, a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer is admissible in evidence, and it is not necessary to prove the signature or official character of the person who appears to have signed such report or deposition. (5) The Cabinet may, from time to time, amend the Fifth Schedule. Adoption of Children Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Licence to send child abroad for adoption 23. (1) A Judge may grant a licence in the form in the Third Schedule, and subject to such conditions and restrictions as the Judge thinks fit, authorising the care and possession of a child for whose adoption arrangements have been made to be transferred to a citizen of a country listed in the Fifth Schedule resident outside the Islands; but subject to this section no such licence shall be granted unless a Judge is satisfied \u2014 (a) that the application is made by or with the consent of every person who is a parent or guardian of the child in question, or who has the actual custody of the child, or who is liable to contribute to the support of the child; and (b) by a report of a British consular officer or any other person who appears to a Judge to be trustworthy, that the person to who the care and possession of the child is transferred is a suitable person to be entrusted therewith, and that the transfer is likely to be for the welfare of the child, due consideration being given to the wishes of the child, having regard to its age and understanding. (2) A Judge may dispense with any consent required by paragraph (a) of subsection (1) if satisfied that the person whose consent is to be dispensed with has abandoned or deserted the child or cannot be found or is incapable of giving such consent or, being a person liable to contribute to the support of the child, either has persistently neglected or refused to contribute to such support or is a person whose consent ought, in the opinion of a Judge and in all the circumstances of the case, to be dispensed with. (3) Where a Judge grants a licence under subsection (1), the Judge may authorise the making or receipt by any person of any payments in consideration of the transfer of the care and possession of the child in respect of whom the licence is granted. (4) Rules governing the application for and grant of licences are prescribed in the Third Schedule, and those Rules may be varied or revoked by Rules made under section 20(2). (5) In any proceedings under this section, a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer is admissible in evidence, and it is not necessary to prove the signature or official character of the person who appears to have signed such report or deposition.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Adopted Children Register 24. (1) The Registrar appointed under the Births and Deaths Registration Act (2021 Revision) shall maintain at the Registrar\u2019s office a register 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. Adoption of Children Act (2021 Revision) (2) Adoption orders shall contain a direction to the Registrar to make in the Adopted Children Register any entry recording the adoption in the form in the Fourth Schedule. (3) For the purposes of compliance with subsection (2) \u2014 (a) where the precise date of the child\u2019s birth is not proved to the satisfaction of the Court, the Court shall determine the probable date of its birth and the date so determined shall be specified in the order as the date of birth; (b) where the name or surname which the child is to bear after the adoption differs from its original name or surname the new name or surname shall be specified in the order instead of the original name; and (c) where the country of birth of the child is not proved to the satisfaction of the Court, the particulars of that country may be omitted from the order and from the entry in the Adopted Children Register. (4) The Court shall cause every adoption order to be communicated to the Registrar, and upon receipt of such communication the Registrar shall cause compliance to be made with the directions contained in such order in regard both to marking an entry in the Register of Births with the word \u201cadopted\u201d and in regard to making the appropriate entry in the Adopted Children Register. (5) A certified copy of any entry in the Adopted Children Register if purporting to be signed by the Registrar shall, without any further or other proof of such entry where the entry is made in accordance with subsection (4), be received not only as evidence of the adoption to which it relates but also as evidence of the date of the birth of the child to which it relates in all respects as though the same were a certified copy of an entry in the Register of Births. (6) The Registrar shall cause an index of the Adopted Children Register to be made and kept in the Registrar\u2019s office, and every person shall be entitled to search such 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, conditions and regulations as to payment of fees and otherwise as are applicable under the Births and Deaths Registration Act (2021 Revision) in respect of searches in indices relating to births and deaths kept in the office of the Registrar, and in respect of the supply from such office of certified copies of entries in the Registers of Births and Deaths. (7) The 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 an entry in the Register of Births which has been marked \u201cadopted\u201d pursuant to this Act and any corresponding entry in the Adopted Children Register, but such lastmentioned registers and books shall not be nor shall any index thereof be open to public inspection or search, nor, except under an order of a court of competent Adoption of Children Act (2021 Revision) jurisdiction, shall the Registrar furnish any person with any information contained in or with any copy or extract from any such registers or books. Adoption of Children Act (2021 Revision) FIRST SCHEDULE FIRST SCHEDULE ADOPTION OF CHILDREN REGULATIONS (2021 Revision) Arrangement of Regulations 1. 2. 3. 4. 5. 6. 7. FIRST APPENDIX Form A Application to the Board Form B Medical examination of the applicants Form C Memorandum to be furnished by Board to parent or guardian proposing to place child at disposition of Board Form D Certificate of receipt of memorandum to be furnished to board by parent or guardian proposing to place child at disposition of Board SECOND APPENDIX PART I - Particulars Relating to the Child PART II - Medical Certificate FIRST SCHEDULE Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN REGULATIONS (2021 Revision) (Section 8(3)) 1. Citation 1. These Regulations may be cited as the Adoption of Children Regulations (2021 Revision). 2. Definitions 2. In these Regulations \u2014 \u201ccase committee\u201d means the committee referred to in section 8; and \u201cForm\u201d means a form in the First Appendix to these Regulations. 3. Application, etc. 3. Every person desirous of adopting a child shall first make application to the Board in Form A and submit with such application the certificate of a registered medical practitioner in Form B as to the physical and mental health of such person: Provided that where the adopter is the natural father or mother of the child that natural father or mother shall not be required to submit a certificate as aforesaid unless requested by the Board so to do. 4. Memorandum to be furnished and receipt therefor 4. The Board shall furnish the parent or guardian of the child with a memorandum in Form C and shall not proceed further with any negotiations or arrangements for the adoption of the child unless the parent or guardian has signed and delivered to the Board a certificate (which the Board shall retain) in Form D to the effect that that parent or guardian has read and understood the memorandum and agrees to the terms of the last paragraph thereof. 5. Enquiries by Board 5. The Board shall make enquiries and obtain reports on the matters set out in the Second Appendix hereto and generally on all matters appertaining to the welfare of the child, and the report on the health of the child shall be signed by a registered medical practitioner. The case shall be considered by a case committee appointed by the Board for the purpose and consisting of not less than three members of the Board. 6. Pre-requirements to delivery of child 6. No child shall be delivered by the Board into the care and possession of an adopter until \u2014 Adoption of Children Act (2021 Revision) FIRST SCHEDULE (a) the adopter has been interviewed, and any premises in the Islands in which the adopter intends that the child should reside permanently have been inspected by the case committee or by some person on their behalf; and (b) the case committee has considered the reports required by regulation 5. 7. Visits by representative of Board 7. At least once during every month of the probationary period of three months or six months, as the case may be, prescribed by section 6 or 10, or, where an interim order has been made under section 12, of the period of such order, a representative of the Board shall visit the child and also visit or otherwise make contact with the parents or guardian of the child and shall report upon the case and the result of such visits and contact to the case committee. If the case committee so recommends, the Board shall immediately remove the child from the care and possession of the adopter. FIRST APPENDIX Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN REGULATIONS (2021 Revision) FIRST APPENDIX Form A (regulation 3) Application to the Board I\/We the undersigned desire to make application to the Adoption Board in respect of a- *Male or child, approximately aged Female or the child named now residing at I\/We hereby undertake that the particulars given below are true to the best of my\/our knowledge and belief. 1. Name (s) 2. Address (es) 3. Country of domicile 4. Date (s) of birth 5. Religion 6. Names and addresses of two responsible persons able to vouch the character of the adopter (s) *Delete words which do not apply N.B.- Where the application is made by one or both spouses or civil partners, their marriage certificate or civil partnership certificate must be affixed to this form. Adoption of Children Act (2021 Revision) Form B ADOPTION OF CHILDREN REGULATIONS (2021 Revision) Form B (regulation 3) Medical examination of the applicants (Where a joint application is made, an examination of each applicant is required). Matters on which information should be obtained: Name Age Occupation Address A. Whether the applicant has suffered at any time from \u2014 (1) any nervous or mental disorder (2) fits of any kind (3) tuberculosis B. Whether he\/she is now in good health C. Whether there is any relevant family history of mental or physical disease D. Whether there is any detectable abnormality in the \u2014 (1) cardio-vascular system (including blood pressure) (2) respiratory system (including chest X-ray if thought desirable) (3) genito-urinary system (including urine tests for sugar and albumen) (4) alimentary system (5) central nervous system (6) skin (7) eyes (8) ears and hearing If so, give particulars- E. General opinion of examining doctor in regard to the applicant\u2019s \u2014 (1) physique (2) mental and emotional stability (3) psychological suitability to adopt a child F. Whether there is any reason to expect that the applicant\u2019s health may deteriorate before the child has reached the age of independence. Signature ----------------------------------- Date of Examination ------------------------ Qualifications -------------------------------------- Form C Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN REGULATIONS (2021 Revision) Form C (regulation 4) Memorandum to be furnished by Board to parent or guardian proposing to place child at disposition of Board If an adoption order is made in respect of your child, all your rights and duties with regard to the child will be transferred permanently to the adopter. If you have taken out an insurance policy against funeral expenses for the child, the insurers will be able to advise you whether the policy can be transferred to the adopters, as is often the case. It is for the adopters to apply for an adoption order, but unless there is some special reason to the contrary, the court which deals with the application will not make an order without your consent. The main grounds on which an adoption order can be made without the consent of a child\u2019s parents or guardians are that they have deserted the child or cannot be found or are out of their proper senses or otherwise incapable of giving consent. You may have to appear before the court in private to tell them whether you agree to the adoption. Adoption of Children Act (2021 Revision) Form D ADOPTION OF CHILDREN REGULATIONS (2021 Revision) Form D (regulation 4) Certificate of receipt of memorandum to be furnished to board by parent or guardian proposing to place child at disposition of Board To: The Adoption Board I hereby certify that I received from the Adoption Board a memorandum, Form C, headed \u201cAdoption of Children Act (2021 Revision)\u201d, from which I have detached this form of acknowledgement; that I have read the memorandum and understand it and agree to the terms thereof. Signature:------------------------------------------------------- Address:--------------------------------------------------------- Before ---------------------------------------------------------- Justice of the Peace Date-------------------------------- SECOND APPENDIX Adoption of Children Act (2021 Revision) SECOND APPENDIX (regulation 5) PART I - Particulars Relating to the Child 1. Name 2. Address 3. (a) Date of birth (b) Weight at birth (state if premature) (c) Present weight (d) Was the mother\u2019s confinement normal or instrumental? 4. Is the child a British subject? 5. If baptised, state place of baptism, and denomination 6. Full name, address and age of child\u2019s parents If dead, state date of death 7. Parents\u2019 religion(s) 8. Has either parent any other children? If so, state age and sex of each 9. Is there any history of insanity, tuberculosis or other disease in the family of either parent? 10. Why is the child offered for adoption? 11. Has the child any right or interest in property? If so, give full particulars. 12. Has any insurance been effected on the life of the child? 13. If the mother is alive \u2014 (a) is she married or party to a civil partnership? If so, to whom? (b) does she consent to the adoption? 14. If the father is alive \u2014 (a) is he married or party to a civil partnership? If so, to whom? (b) if not, is he otherwise liable to contribute to the child\u2019s maintenance? If so, give particulars. (If the parents are separated, state whether there is a separation order in force). (c) does he consent to the adoption? 15. If the child has guardians, state \u2014 (a) their names and addresses; (b) how and by whom they were appointed; and Adoption of Children Act (2021 Revision) SECOND APPENDIX (c) whether they consent to adoption. 16. (a) Are any other persons liable to contribute to the support of the child? (b) If so, do they agree to adoption? 17. If the answer to question 13(b), 14(c), 15(c) or 16(b) is \u201cNo\u201d, the reason should be stated. 18. Was the child \u2014 (a) entirely-breast fed? (b) partially breast fed? or (c) entirely bottle fed? 19. (a) when did the child begin to walk? (b) when did the child begin to talk? SECOND APPENDIX Adoption of Children Act (2021 Revision) PART II - Medical Certificate (The medical report must be signed by a registered medical practitioner) 1. State of nutrition of the child (good, fair, poor). 2. Are there any evidences of syphilis or other venereal diseases? State laboratory tests applied and their results. 3. Is there any evidence of tuberculosis? 4. Has the child had fits? If so, state nature. 5. Is there, or has there been any affection of the skin? 6. Is there, or has there been any affection of the eyes? Is the sight normal? 7. Has the child had any discharge from the ears, or any serious ear trouble, and canthe child hear well? 8. Are the nose and throat in healthy condition? 9. Is there any evidence of disease of heart or lungs? l0. Has the child normal control of bowels and bladder for its age? 11. Is the child now suffering from any infectious or contagious disease? 12. Has the child had malaria, typhoid fever, measles, chicken-pox, whooping cough, diphtheria or mumps? 13. Has the child been vaccinated? 14. Is the child\u2019s mental and physical development normal for its age? 15. Has the child any physical deformities? 16. Are behaviour, speech and articulation normal for its age? 17. If the child has been neglected, or improperly fed, do you consider its constitution such that good nursing and proper care, would make it suitable for adoption? 18. Give particulars of any condition not mentioned above, about which you consider an adopter should be informed. Adoption of Children Act (2021 Revision) Arrangement of Rules ADOPTION OF CHILDREN RULES (2021 Revision) Arrangement of Rules SECOND SCHEDULE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. APPENDIX - FORMS Form A Application for an Adoption Order in respect of a child named SECOND SCHEDULE Adoption of Children Act (2021 Revision) Form B Particulars to be furnished with application for Adoption Order Form C Statement to be lodged in Court by Board on every application for an Adoption Order Form D Consent of parent or guardian of child Form E Notice of application for an Adoption Order in respect of a child named () formerly () Form F Adoption Order in respect of a child named () formerly () Form G Interim Order in respect of a child named () formerly () Form H Notice of further hearing of an application for an Adoption Order Form I Notice of Appeal Form J In the matter of the appeal of (an adopter or parent or guardian as the case may be) against a decision of the Adoption Board Adoption of Children Act (2021 Revision) SECOND SCHEDULE ADOPTION OF CHILDREN RULES (2021 Revision) (Section 20(3)) 1. Citation 1. These Rules may be cited as the Adoption of Children Rules (2021 Revision). 2. Definitions 2. In these Rules \u2014 \u201capplicant\u201d means the person or persons making an application for an adoption order under the Act; \u201cForm\u201d means a form in the Appendix to these Rules; and \u201cthe Act\u201d, as referred to in these Rules, means the Adoption of Children Law (2021 Revision). 3. Application, etc. 3. (1) Every application for an adoption order shall be made by summons and shall be intituled in the matter of the child and in the matter of the Act and there shall be presented to the Court a written statement in duplicate according to Form A, accompanied by a statement of particulars according to Form B and (except where the applicant is the mother or father of the child) written consents in Form D. A non-refundable fee of seventy-five dollars shall accompany the application of each child. (2) Except in a case where the applicant has made a previous application to a Court in respect of the same child, or the Court specially requires the attendance of the applicant, the attendance in person of the applicant shall not be necessary for the purpose of lodging the aforesaid statement and documents. (3) The Board shall lodge in the Court on every application for an adoption order the certificate of the parent or guardian of the child referred to in regulation 4 of the Adoption of Children Regulations (2021 Revision) and a statement with respect to the identity of the child in Form C. (4) If any person proposing to apply to the Court for an adoption order desires that that person\u2019s identity shall be kept confidential, that person may, before taking out the appropriate summons apply to the Clerk of the Court for a serial number to be assigned to that person for the purposes of the proposed application and such a number shall be assigned to that person accordingly. (5) Unless it appears from the application, or is otherwise shown to the satisfaction of the Court, that the applicant does not desire that the applicant\u2019s identity SECOND SCHEDULE Adoption of Children Act (2021 Revision) should be kept confidential, the proceedings shall be conducted with a view to securing that the applicant is not seen by or made known to any individual being a respondent (other than the child or spouse or civil partner of the applicant); and in particular the Court shall direct that the applicant (unless that applicant\u2019s attendance is dispensed with under rule 7) shall attend and be heard and examined separately and apart from any such respondent. 4. Circumstances in which Court will entertain second application for same child 4. If it appears to the Court that the applicant has made a previous application under the Act in respect of the same child, the Court shall not entertain the application unless satisfied that there has been a substantial change in the circumstances. 5. Guardian ad litem 5. (1) The Court shall appoint some person to be guardian ad litem of the child in respect of whom the application is made. (2) The following persons shall be made respondents, namely, the child in respect of whom the application is made, every person who is a parent or guardian of the child or has the actual custody of the child or is liable to contribute to the support of the child, and where the applicant has a spouse or civil partner who is not also an applicant, the spouse or civil partner of the applicant. (3) The Court shall fix a time for the hearing of the application and shall issue a notice in Form E addressed to the respondents and shall direct the Board to cause such notice to be served on each of them: Provided that where the child is in actual custody of any person, such notice need not be served on the child, but may require such person to produce the child to the Court, unless the Court is satisfied by a report from the Board that special circumstances exist which render it inexpedient or unnecessary that the child shall personally attend before the Court. (4) Any notice under these Rules shall be served upon any respondent to whom it is addressed either by delivering a copy to the respondent personally or by leaving a copy with some person for the respondent at the the respondent\u2019s last known or usual place of abode or by sending a copy by registered post to the respondent at the respondent\u2019s last known or usual place of abode, whether such place of abode is in the Islands or elsewhere. 6. Proceedings to be in camera 6. All proceedings under the Act shall be made, heard and determined in camera. Adoption of Children Act (2021 Revision) SECOND SCHEDULE 7. Personal attendances 7. (1) Subject to this Rule, an adoption order or an interim order shall not be made except after the personal attendance before the Court of the applicant and the parent or guardian of the child; notwithstanding in the case of the parent or guardian, that written consent has been obtained or that the Court is asked to dispense with consent. (2) The Court may waive the requirement under subrule (1) in the case of the parent or guardian of the child, if satisfied that any such person cannot be found or is incapable of giving consent or if for any reason the Court thinks it is right or desirable that this requirement should be waived. (3) In any case where the Court dispenses with the personal attendance of any person, the written consent of that person verified by a declaration purporting to be made before and signed by a Justice of the Peace shall be prima facie evidence of such consent. (4) In the case of a joint application for an adoption order or an interim order, the Court may, if it thinks fit, dispense with the personal attendance of one spouse or civil partner if the spouse\u2019s or civil partner\u2019s application is verified by a declaration purporting to be made before and signed by a Justice of the Peace. 8. Court may direct separate attendances 8. Subject to this rule and rules 7(4) and 11(3)(b), the Court may direct that the applicant or any respondent shall attend and be heard and examined separately and apart from the other parties to the application: Provided that no such direction shall be given unless \u2014 (a) the Court is satisfied that the giving of the direction is desirable and will not prejudice the determination of any question involved; and (b) the consent of the applicant or respondent whom it is proposed that the direction shall given and of all other parties to the application is first obtained. 9. Notice of adjourned hearings 9. On any adjournment of the hearing, the Court may issue to any respondent not in attendance a notice the time and place to which the hearing is adjourned and may direct the Board to cause it to be served. 10. Adoption and interim orders 10. (1) An adoption order or an interim order shall be in Form F or Form G 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 Clerk of the Court, as the case may be, except by special direction of the Court. SECOND SCHEDULE Adoption of Children Act (2021 Revision) (3) An interim order shall include such provision for the maintenance and education of the child and such terms as regards the exercise of supervision by the Board or otherwise as the Court may think fit. 11. Hearing of postponed applications 11. (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 which made the interim order to proceed with the determination of the application and it shall thereupon be lawful for the Court to fix a time for the further hearing of the application and to issue a notice in Form H, addressed to the respondents and to direct the Board to cause such notice to be served on each of them: Provided that where the child is in the actual custody of the applicant the notice need not be served on the child. (2) Subject to this rule, where the applicant so applies, an adoption order shall not be made unless the applicant, the child and a representative of the Board have attended the further hearing. (3) (a) The Court may waive the requirement under subrule (2) in the case of the child if satisfied by a report from the Board that special circumstances exist which render it inexpedient or unnecessary that the child shall personally attend before the Court; and (b) in the case of a joint application, the Court may, if it thinks fit, dispense with the personal attendance of one spouse or civil partner, if that spouse\u2019s or civil partner\u2019s application is verified by a declaration purporting to be made before and signed by a Justice of the Peace. 12. Costs 12. On the making of an interim order or on the determination of the application the Court may make such an order as to costs as it may think just and in particular may order the applicant to pay the out-of-pocket expenses incurred by the guardian ad litem or incurred in attending the Court by any other of the respondents, or such part thereof as the Court thinks proper, and such costs or expenses shall be recoverable summarily as a civil debt. 13. Registrar to be sent copies 13. (1) Upon the making of an adoption order the Clerk of the Court shall, within seven days from the date thereof, send a duplicate or a certified copy of the order to the Registrar-General and shall also, subject to the payment by the applicant of any fee required by law, deliver or send a duplicate or certified copy to the applicant. (2) The duplicate or certified copy, if sent by post, shall be sent by registered post. Adoption of Children Act (2021 Revision) SECOND SCHEDULE 14. Rules of Court to apply 14. Subject to rules 3 to 13, the Rules of Court shall, mutatis mutandis, apply in respect of all proceedings under this Act. 15. Appeals 15. The Board shall, if so required by any person entitled under the Act to appeal (hereinafter called \u201cthe appellant\u201d), deliver to the appellant and file in their proceedings a statement of the reasons for their decision. 16. Notice of appeal 16. An appellant who desires to appeal against a decision of the Board shall, within fourteen days after the receipt by the appellant of the notification of the Board\u2019s decision, file with the Clerk of the Court a notice in writing to that effect in Form I (hereinafter called a \u201cnotice of appeal\u201d) stating therein \u2014 (a) the grounds of the appellant\u2019s appeal; (b) the appellant\u2019s address for service; and (c) the names and addresses of the persons intended to be served. 17. Service of notice of appeal 17. In every notice of appeal the persons referred to in rule 5(2), except the appellant, shall be named as respondents, each of whom shall be served with a copy of the said notice by the appellant within fourteen days after the receipt by that person of the notification of the Board\u2019s decision. 18. Duties of Clerk of Court when notice of appeal filed 18. On the filing of a notice of appeal, the Clerk of the Court shall \u2014 (a) enter the appeal in the books of the Court and fix a day for the hearing of the appeal by a Judge in Chambers, and (b) serve on the appellant and on each of the respondents a notice in Form J by delivering it or posting the same to them at their respective addresses. 19. Board to supply reasons for decision, etc. 19. Forthwith upon the serving of the notice of appeal, or as soon as may be thereafter, the Clerk of the Court shall request the Board to furnish the Clerk of the Court immediately \u2014 (a) the reasons for the Board\u2019s decision; (b) all the relevant reports and correspondence and answers to the enquiries on the matters set out in the Second Appendix to the Regulations contained in the First Schedule to this Act or copies thereof; and (c) any other information on which the Board based its decision, SECOND SCHEDULE Adoption of Children Act (2021 Revision) and the appellant, should the applicant desire to do so, may obtain copies of the same from the Clerk of the Court on payment of the fees prescribed by the Rules of Court for office copies of documents. 20. Appeals by way of rehearing 20. Every appeal shall be by way of rehearing, and the Rules of Court shall apply thereto unless it is otherwise provided in these Rules. Adoption of Children Act (2021 Revision) APPENDIX - FORMS ADOPTION OF CHILDREN RULES (2021 Revision) APPENDIX - FORMS Form A (Rule 3(1)) Application for an Adoption Order in respect of a child named _____ known to the Adoption Board as Case No. To the Court: I\/We, the undersigned resident at hereby state: 1. I am\/We are desirous of being authorised under the Adoption of Children Act (2021 Revision) to adopt a child of the sex, resident at in the Islands hereinafter called \u201cthe child\u201d. Delete except in the case of de facto adoption 2. The child was on the date of coming into force of the said Law in my\/our custody and was being brought up, maintained and educated by me\/us as my\/our child under a de facto adoption and had been in my\/our custody and had been so maintained and educated for a period of not less than two years before that date, to wit, from and after the day of 20 . 3. The child has been in my\/our care and has been brought up, maintained and educated by me\/us since . 4. We are married to \/ party to a civil partnership with each other; (or I am unmarried \/ not party to a civil partnership with) (or I am married to \/ party to a civil partnership with whose written consent to the making of the order is appended hereto). 5. I am\/ We are domiciled in the Islands. 6. I\/We have not received or agreed to receive, and no person has made or given or agreed to make or give to me\/us, any payment or other reward in consideration of the adoption (except as follows: ). 7. I\/We have made no previous application under this Act in respect of the child (other than the application made to the Court on the day of , 20 , which was dealt with as follows, viz.: ). Form A Adoption of Children Act (2021 Revision) 8. The particulars furnished in this application and in the attached form are true and complete and I am a\/we are fit and proper person (s) to maintain and bring up the child suitably. In witness whereof I\/we have signed this statement on the day of 20 . ------------------------------------------- Signature of Applicant (s) (giving full first names). Adoption of Children Act (2021 Revision) Form B ADOPTION OF CHILDREN RULES (2021 Revision) Form B (Rule 3(1)) Particulars to be furnished with application for Adoption Order Name in full Address Occupation Date of Birth Relationship, if any, to the child Age last birthday These particulars are to be furnished by both first-named applicant and second-named applicant, if the application is being made by two spouses or by both applicants, if the application is being made by both parties to a civil partnership. _________________________________________________________________ Form C Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN RULES (2021 Revision) Form C (Rule 3(3)) Statement to be lodged in Court by Board on every application for an Adoption Order Statement by Adoption Board of identity of child now named known to the Adoption Board as case no. To the Court: 1. I, , being a member of the Adoption Board hereby certify that the child above named Adoption Board Case No. , is the child formerly known as . 2. The father of the child is , now resident at , whose written consent to the making of an adoption order is appended hereto; and the mother of the child is , now resident at whose written consent to the making of the adoption order is appended hereto. 3. The child was born on the day of , 20 , and is identical with the child to whom the attached certified copy of an entry in the Register of Births relates. 4. The child has never been married or party to a civil partnership. *5. The guardian (s) of the child is\/are , whose written consent (s) to the making of an adoption order is\/are appended hereto. *6. The child is in the actual custody of of , whose written consent to the making of an adoption order is appended hereto. *7. , of , is\/are liable to contribute to the support of the child and that person\u2019s\/their written consent(s) to the making of an adoption order is\/are appended hereto. --------------------------------------------------------- Signature of member of Adoption Board Dated * Delete whichever is not applicable. Adoption of Children Act (2021 Revision) Form D ADOPTION OF CHILDREN RULES (2021 Revision) Form D (Rule 3(1)) Consent of parent or guardian of child Consent to an Adoption Order in respect of a child formerly named and known to the Adoption Board as Case No. An application to Court being made for an order authorising the adoption under the Adoption of Children Act (2021 Revision) of the said child. I\/We the undersigned , of being- Delete all but one of these descriptions, except in the case of father and mother consenting jointly (a) the father of the child (b) the mother of the child (c) a guardian of the child (d) a person (acting on behalf of a body) having the actual custody of the child (e) a person (acting on behalf of a body) being liable to contribute to the support of the child (f) the spouse or civil partner of the applicant (g) serial number hereby state that I\/we understand the nature and effect of the Adoption Order for which application is made (and that in particular I\/we understand that the effect of the order will be permanently to deprive me\/us of my\/our parental rights) and I\/we hereby consent to the making of an adoption order in favour of the applicant (on condition that the religious In witness whereof I\/we have signed this consent on the day of , 20 . Signature Address Description Signed in the presence of Address Signature Description Form E Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN RULES (2021 Revision) Form E (Rule 5(3)) Notice of application for an Adoption Order in respect of a child named (1) formerly (2) known to the Adoption Board as Case No. See Note 1 See Note 2 In the Court. To of and of , etc. Take notice: See Note 3 (1) That an application has been made by (3) for an order under the Adoption of Children Act (2021 Revision) authorising the said applicant to adopt the said child, being a child of the sex, aged years, resident at . (2) That the said application will be heard before the Court sitting at on the day of , 20 , at the hour of in the fore\/after noon and that you are severally required to attend before the Court (and in the case of produce the said child before the Court). Dated the day of 20 . 1 Insert name or names by which the child is to be known. 2 Delete where there is no change of name. Where there is change of name insert former names, including surname. 3 Where the application is made by two spouses or civil partners jointly the form should be modified; and where under a serial number, the serial number should be inserted. Adoption of Children Act (2021 Revision) Form F ADOPTION OF CHILDREN RULES (2021 Revision) Form F (Rule 10(1)) Adoption Order in respect of a child named (4) formerly (5) Before the Court sitting at , the day of , 20 . Application has been made by (hereinafter called the first-named applicant), a person not under the age of 25 years, by occupation , resident at , in the Islands and domiciled in the Islands (and by , the first-named applicant\u2019s spouse or civil partner (hereinafter called the second-named applicant) being the mother of the child or a person not under the age of 25 years) (and the applicant\/one of the applicants being the mother\/father of the child) (by serial number ) that he\/she\/they is\/are desirous of being authorised under the Adoption of Children Act (2021 Revision), to adopt a child of the sex aged years, resident at , in the Islands, who has never been married or party to a civil partnership, the child of (and of the first-named applicant\u2019s spouse or civil partner) (hereinafter called the child); And the applicant(s) being (respectively) not less than 25 years old; Delete words not applicable And the applicant(s) has\/have attained the age of 21 years and is\/are a relative(s) of the child; Delete words not applicable (And the first-named applicant being the putative father of the child); (And the second-named applicant being the mother of the child); And all consents required by the Act having been obtained or dispensed with; It is adjudged that the statements made in the application are true; 1 Insert name or names, including surname, by which the child is to be known. 2 Delete where there is no change of name. Where there is change of name, insert former name including surname. Form F Adoption of Children Act (2021 Revision) (And the following payment or reward is sanctioned, viz.: ); And it is ordered that the applicant(s) be authorised to adopt the child;6 (And as regards costs it is ordered that ); And it is directed that the Registrar-General shall make an entry recording this adoption in the Adopted Children Register in accordance with the particulars set out in the Schedule hereto and shall enter the date of birth of the child in column 6 of the said Register as the day of , 20 ; And it having been proved to the satisfaction of the Court that the child was born on the date last mentioned and is identical with , to whom an entry numbered and made on the , day of 20 , in the Register of Births for the Registrar\u2019s district of relates,7 it is further directed that the Registrar-General, in addition to making in the Adopted Children Register the entry of the date of birth directed above, shall cause the aforesaid entry in the Register of Births to be marked with the word \u201cAdopted.\u201d8 SCHEDULE TO FORM F Name of adopted child (See Note (1)) Sex of adopted child Name and surname, address and occupation of adopter or adopters Date of birth of child Date of adoption order and description of Court by which made Notes: (1) Insert name or names, including surname, by which the child is to be known. 1 Insert first name or names by which the child is to be known. The surname should not be stated here. 2 Where no entry relating to the child is found in the Register of Births this paragraph should be deleted. 3 An adoption order, or copy sent to the Registrar-General is required to be drawn up on paper of foolscap folio size, thirteen inches by eight inches, and to have a margin, to be left blank, not less than one inch wide on the left side of the face of the order, and a similar margin in the right side of the reverse if any. Adoption of Children Act (2021 Revision) Form G ADOPTION OF CHILDREN RULES (2021 Revision) Form G (Rule 10(1)) Interim Order in respect of a child named (9) formerly (10) Before the Court sitting at the day of , 20 . Delete words not applicable Application has been made by , hereinafter called the first-named applicant, a person not under the age of 25 years, by occupation , resident at , in the Islands and domiciled in the Islands (and by , the first-named applicant\u2019s spouse or civil partner, hereinafter called the second-named applicant, being the mother\/father of the child or a person not under the age of 25 years) (and the applicant\/one of the applicants being the mother\/father of the child (by serial number ) that the applicant\/one of the applicants Delete words not applicable \/she\/they is\/are desirous of being authorised under the Adoption of Children Act (2021 Revision) to adopt (3)11 a child of the sex, aged years, resident at , in the Islands, who has never been married or party to a civil partnership, the child of (and of , the first-named applicant\u2019s spouse or civil partner), herein called the child: And applicant (s) being not less than 25 years old; (And the applicant (s) has\/have attained the age of 21 years and is\/are relative (s) of the child); (And the first-named applicant being the putative father of the child); (And the second-named applicant being the mother of the child); And all the consents required by the Act having been obtained or dispensed with; It is adjudged that the statements made in the application are true; And the determination of the application is postponed and it is ordered that the custody of the child be given to the applicant(s) for a period not exceeding two years, viz., until the day of , 20 , by way of a probationary period upon the following terms, viz. and that the applicant(s) shall, at least two months before that date, apply for a 1 Insert the name or names, including surname, by which the child is to be known. 2 Delete where there is no change of name. Where there is change of name, insert former name including surname. 3 Insert first name or names by which the child is to be known. The surname should not be stated here. Form G Adoption of Children Act (2021 Revision) determination of the application: (And as regards costs it is ordered that---------------------- --------------------------------------------------------------------------------------). Adoption of Children Act (2021 Revision) Form H ADOPTION OF CHILDREN RULES (2021 Revision) Form H (Rule 11 (1)) Notice of further hearing of an application for an Adoption Order Notice of further hearing of an application for an Adoption Order in respect of a child named (1)12 formerly (2)13 . Before the Court sitting at the day of , 20 . To of and of , etc. Take notice See Note 3 (a) That an application was made by (3)14 for an order under the Adoption of Children Act (2021 Revision) authorising the said applicant to adopt the said child, being a child of the sex, then aged years. (b) That the determination of the said application was postponed and an interim order was made by the Court sitting at on the day of , 20 . (c) That the said application will be further heard before Court sitting at on the day , 20 , and that it is open to you to attend before the Court. Dated this day of , 20 . 1 Insert name or names, including surname by which the child is to be known. 2 Delete where there is no change of name. Where there is change of name, insert former name, including surname. 3 Where the application was made by two spouses or civil partners jointly the form should be modified. Form I Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN RULES (2021 Revision) Form I (Rule 16) Notice of Appeal In the matter of the appeal of (an adopter or parent or guardian as the case may be) against a decision of the Adoption Board and In the Matter of the Adoption of Children Act (2021Revision). I, being aggrieved at the decision of the Board dated the day of , 20 , that the adoption of a male\/female child by would not be in the best interest of the child, do hereby appeal against such decision on the following grounds- (Here set out reasons for appeal) I request you to enter my appeal for hearing. The name and address of the respondent are- My address for service is- Dated this day of ,20 . To: (Signed) ------------------------------- Appellant (Name and address of Respondent) Adoption of Children Act (2021 Revision) Form J ADOPTION OF CHILDREN RULES (2021 Revision) Form J (Rule 18(b)) In the matter of the appeal of (an adopter or parent or guardian as the case may be) against a decision of the Adoption Board and In the Matter of the Adoption of Children Act (2021 Revision) TAKE NOTICE that the appeal in this matter from the decision of the Adoption Board dated the day of , 20 , will be heard by a Judge in Chambers on the day of , 20 , at the hour of in the fore\/after noon, and that if you do not attend at the time and place above mentioned, such order will be made as the Judge thinks fit. Dated this day of , 20 . ------------------------------- Clerk of the Court Arrangement of Rules Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) Arrangement of Rules THIRD SCHEDULE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. APPENDIX Form 1 Form of notice of an application for a licence under section 23 of the Adoption of Children Act (2021 Revision). Form 2 Form of notice of hearing Form 3 Form of notice requiring production of child at the hearing of an application Adoption of Children Act (2021 Revision) THIRD SCHEDULE Form 4 Form of Declaration of Service Form 5 Form of consent to the making of an application Form 6 Form of Licence THIRD SCHEDULE Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) (Section 23) 1. Citation 1. These Rules may be cited as the Adoption of Children (Transfer Abroad) Rules (2021 Revision). 2. Application for licence 2. An application for a licence under section 23 authorising the care and possession of a child, being a British subject for whose adoption arrangements have been made to be transferred to a person resident outside of the Islands may be made by a parent or guardian of the child or by the Board. 3. Notice of application 3. Notice of the application shall be given to the Clerk of the Court in Form 1 in the Appendix. 4. Report from consular officer, etc 4. The Clerk of the Court shall cause a copy of the notice to be sent to a British consular officer or to some other person abroad who appears to the Clerk of the Court to be trustworthy, and shall request the officer or person to report whether the person to whom the care and possession of the child is proposed to be transferred is a suitable person to be entrusted therewith. 5. Fixture to be made 5. Upon receipt of a report from the British consular officer or the person referred to in rule 4, the Clerk of the Court shall fix a time for the hearing of the application and shall send to the applicant a notice in Form 2 in the Appendix. 6. Service of notices 6. A copy of the notices referred to in rules 3 and 5 shall be served by the applicant upon the child and the Board and upon every person who is a parent or guardian of the child, or who has the actual custody of the child, or who is liable to contribute to the support of the child: Provided that the Clerk of the Court may dispense with the service required by this rule of a copy of the notices \u2014 Adoption of Children Act (2021 Revision) THIRD SCHEDULE (a) upon any person other than the child, if the Clerk of the Court is satisfied that that person cannot be found; and (b) upon the child, if the Clerk of the Court thinks fit, having regard to the age and understanding of the child. 7. Notice to produce child 7. The Clerk of the Court may issue a notice in Form 3 in the Appendix requiring any person who has the actual custody of the child to produce the child at the hearing of application and the applicant (unless the Clerk of the Court themselves has the actual custody of the child) shall serve the notice upon that person. 8. Service: mode and proof thereof 8. (1) The service of any document under rule 6 or 7 may be effected by delivering it to the person to be served or by sending it by registered post to that person at that person\u2019s last known or usual place of abode. (2) The service of any such document as aforesaid may be proved by the production of a declaration in Form 4 in the Appendix or in a form to the like effect purporting to be made before a Justice of the Peace. 9. Forms 9. (1) The persons upon whom a copy of the notices referred to in rule 6 is required by that rule to be served may attend at the hearing of the application and shall be entitled to be heard. (2) The consent of a person to the making of the application, if given in writing, may be proved by the production of a declaration in Form 5 in the Appendix or in a form to the like effect purporting to be made and signed by that person before a Justice of the Peace. 10. Persons attending may be sworn 10. A Judge hearing the application may require any person attending for the purpose of making or opposing the application or giving evidence in the matter to be sworn. 11. Form of licence 11. Any licence granted under section 23 of this Act shall be in Form 6 in the Appendix. APPENDIX Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) APPENDIX Form 1 (Rule 3) Form of notice of an application for a licence under section 23 of the Adoption of Children Act (2021 Revision). To the Clerk of the Court: I hereby give notice that I intend to apply for a licence under section 23 of the Adoption of Children Act (2021 Revision) in respect of a male\/female child named aged years, born on the day of , 20 . The child is a British subject and is the subject of arrangements for his\/her adoption as follows \u2014 (Here set out the arrangements). *If the father or mother is dead the fact should be stated * The father of the child is of , a subject, aged years. * The mother of the child is of , a subject, aged years. *Strike out this paragraph if it does not apply * The guardian of the child is of , a subject, aged years. The child is at present in the actual custody of of . *If no persons are liable write \u201cnone\u201d. If anyone is liable, state the reason for the liability. *The following persons are liable to contribute to the support of the child. 1. of . 2. of . Adoption of Children Act (2021 Revision) Form 1 The person to whom the care and possession of the child is proposed to be transferred is ; a citizen of a scheduled country as defined in section 23, resident at . *Give full particulars. If there are no arrangements write \u201cNone\u201d. *The following financial arrangements have been made (or are contemplated) in consideration of the transfer of the care and possession of the child (here set out the arrangements). My full name, address and nationality is and I am making this application as * Signature of Applicant---------------------------- Date----------------------------- *Insert capacity, i.e. parent, guardian or person concerned in making arrangements for the adoption. Form 2 Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) Form 2 (Rule 5) Form of notice of hearing To the applicant for a licence under section 23 of the Adoption of Children Act (2021 Revision) (to the child to whom the application relates); and to any person who is a parent or guardian of the child, or who has the actual custody of the child, or who is liable to contribute to the support of the child and to the Board: Take notice that an application by for a licence under section 23 of the Adoption of Children Act (2021 Revision) authorising the care and possession of for whose adoption arrangements have been made to be transferred to a citizen of a scheduled country listed in the Fifth Schedule to this Act resident outside the Islands at , will be heard at Court on day, the day of , 20 , at the hour of in the fore\/after noon, and further take notice that you may attend the hearing of the said application, and may, if you wish, either support or oppose the granting of a licence. Dated the day of , 20 . ----------------------------------- Clerk of the Court Adoption of Children Act (2021 Revision) Form 3 ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) Form 3 (Rule 7) Form of notice requiring production of child at the hearing of an application To the person having the actual custody of the child in respect of whom an application for a licence under section 23 of the Adoption of Children Act (2021 Revision) is to be made: Take notice that you are required to produce a child in your custody, at the hearing at Court on day, the day of 20 , at in the fore\/after noon in respect of an application by for a licence under section 23 of the Adoption of Children Act (2021 Revision) authorising the care and possession of the said child for whose adoption arrangements have been made to be transferred to , a citizen of a scheduled country listed in the Fifth Schedule to this Act, resident outside the Islands at . Dated the day of 20 . ------------------------------ Clerk of the Court Form 4 Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) Form 4 (Rule 8(2)) Form of Declaration of Service I, of hereby declare that I did on the day of , 20 , serve of with a copy of the notice of application for a licence under section 23 of the Adoption of Children Act (2021 Revision) in respect of the child named and of the notice of hearing on the said application at Court on the day of , 20 , at the hour of in the fore\/after noon (*and a notice requiring the production of the said child at the said hearing) by - (i) delivering the said document(s) to personally; (ii) sending the said document(s) by registered post to at being that person\u2019s last known or usual place of abode. Declared before me the day of , 20 . ----------------------------------- Justice of the Peace *Strike out words which do not apply Adoption of Children Act (2021 Revision) Form 5 ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) Form 5 (Rule 9) Form of consent to the making of an application *Strike out words which do not apply I, of being *the father, mother, guardian, person having the actual custody, a person liable to contribute to the support of the child named with respect to whom the application is to be made at Court by on the day of , 20 , for the grant of a licence under section 23 of the Adoption of Children Act (2021 Revision), authorising the care and possession of the said child for whose adoption arrangements have been made to be transferred to , a citizen of a scheduled country listed in the Fifth Schedule to this Act, resident outside the Islands at , do hereby declare that I consent to the making of the said application. In witness whereof I have signed this consent on the day of , 20 . ------------------------------------- Signature Before ------------------------------------- Justice of the Peace Form 6 Adoption of Children Act (2021 Revision) ADOPTION OF CHILDREN (TRANSFER ABROAD) RULES (2021 Revision) Form 6 (Rule 11) Form of Licence WHEREAS application has been made this day of ,20 , by of , for a licence under section 23 of the Adoption of Children Act (2021 Revision) to authorise the care and possession of , a child aged years, born as far as can be ascertained on the day of , 20 , to be transferred to a citizen of a scheduled country listed in the Fifth Schedule to this Act, resident outside the Islands, that is to say at AND WHEREAS I, the undersigned, have heard the said application and am satisfied that if the consents required by the said section have been given or dispensed with, and am further satisfied by the report of that the aforesaid is a suitable person to be entrusted with the care and possession of the said child, and that the transfer is likely to be for the welfare of the said child: AND WHEREAS I am further satisfied that the aforesaid application is made in connection with arrangements which have been made for the adoption of the said child by of : NOW, THEREFORE I, the undersigned, do hereby grant, subject to the conditions and restrictions set out in the Appendix hereto, this licence authorising the care and possession of the said to be transferred to the said and I do hereby authorise the making and receipt of payments as follows- ------------------------------------- Judge of the Grand Court Adoption of Children Act (2021 Revision) Form 6 APPENDIX The conditions and restrictions referred to above are \u2014 FOURTH SCHEDULE Adoption of Children Act (2021 Revision) FOURTH SCHEDULE (Section 24(2)) ADOPTED CHILDREN REGISTER (1) No. of entry (2) Date of entry (3) Name of adopted child (enter name as stated in Adoption Order) (4) Sex of adopted child (enter sex as stated in Adoption Order) (5) Name and surname, address and occupation of adopter or adopters (enter name, address and occupation as stated in Adoption Order) (6) Date of birth of child and country of birth (7) Date of Adoption Order and description of court by which made (entry to be made as appearing in the Adoption Order) (8) Signature of officer deputed by Registrar to attest the entry Adoption of Children Act (2021 Revision) FIFTH SCHEDULE FIFTH SCHEDULE (Section 23) LISTED COUNTRIES Commonwealth Countries United States of America Switzerland Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021. Kim Bullings Clerk of the Cabinet Notes (not forming part of this Act): l. No decision, act or proceedings of the Adoption Board in purported compliance with the Adoption of Children Law (1996 Revision) from 8th July, 1999 to 1st January, 2002 shall be invalid by reason only that there was a defect in the appointment of the Board or of a person purporting to be a member of the Board. (See s.2 of Adoption (Validation) Law, 2002 [Law 14 of 2002]). 2. Any proceeding before the court or any matter being dealt with by the Board before the 3rd of October, 2002 relating to a child of the age of sixteen years or under which has not been wholly completed by the 3rd of October, 2002 is to be taken to be a proceeding or matter to be dealt with under this Revision and the provisions of this Revision shall apply accordingly. (See s.3 of the Adoption (Amendment) Law, 2002 [Law 16 of 2002]) Adoption of Children Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 7\/2013 Adoption of Children Law, 2013 (part) 8-Oct-2014 GE41\/2013\/s1 36\/2020 Adoption of Children (Amendment) Law, 2020 4-Sep-2020 LG64\/2020\/s2 35\/2020 Civil Partnership Act, 2020 4-Sep-2020 LG64\/2020\/s1 Adoption of Children Law (2003 Revision) 2-Jun-2003 G11\/2003\/s1 16\/2002 Adoption (Amendment) Law, 2002 3-Oct-2002 GE34\/2002\/s1 14\/2002 Adoption (Validation) Law, 2002 12-Aug-2002 G16\/2002\/s4 Adoption of Children Law (1996 Revision) 1-Apr-1996 G7\/1996\/s1 19\/1991 Adoption of Children (Amendment) Law, 1991 6-Nov-1991 GE6.Nov\/1991\/s4 27\/1977 Age of Majority Law, 1977 19-Dec-1977 G26\/1977\/s5 14\/1968 Adoption of Children (Amendment) Law, 1968 12-Aug-1968 GN No. 100 of 1968 42\/1967 Adoption of 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35 of 2020, 36 of 2020, 56 of 2020 and as amended by\nthe Cayman Islands Constitution (Amendment) Order 2020 (UKSI 2020 No. 1283).\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 42 of 1967-22nd September, 1967\nLaw 14 of 1968-29th May, 1968\nLaw 27 of 1977-5th December, 1977\nLaw 19 of 1991-11th September, 1991\nLaw 14 of 2002-17th July, 2002\nLaw 16 of 2002-11th September, 2002\nLaw 7 of 2013-25th March, 2013\nLaw 35 of 2020-4th September, 2020\nLaw 36 of 2020-4th September, 2020\nLaw 56 of 2020-7th December, 2020.\n\nOriginally made \u2014\n\nU.K. Order 2020-11th November, 2020.\n\nConsolidated and revised this 31st day of December, 2020.\n\nNote (not forming part of the Act): This revision replaces the 2003 Revision which\nshould now be discarded.\n\nAdoption of Children Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 3\n\nCAYMAN ISLANDS\n\nADOPTION OF CHILDREN ACT\n(2021 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................... 7\n2.\nDefinitions ..................................................................................................................................... 7\n3.\nAdoption Board ............................................................................................................................. 8\n4.\nRestriction on making arrangements for the adoption of children ................................................ 8\n5.\nDuties of Board ............................................................................................................................. 9\n6.\nArrangements made by Board ...................................................................................................... 9\n7.\nAppeals by persons desirous of adopting children ..................................................................... 10\n8.\nRegulations ................................................................................................................................. 10\n9.\nPower to make adoption orders .................................................................................................. 11\n10.\nRestrictions on making adoption orders ..................................................................................... 11\n11.\nConsent to adoption ................................................................................................................... 12\n12.\nInterim orders ............................................................................................................................. 13\n13.\nEvidence of consent of parent or guardian ................................................................................. 13\n14.\nFunctions of Court as to adoption orders ................................................................................... 14\n15.\nRights and duties of parents and capacity to marry or enter into a civil partnership .................. 14\n16.\nAffiliation orders, etc. .................................................................................................................. 15\n17.\nIntestacies, wills and settlements ............................................................................................... 15\n18.\nProvisions supplementary to section 17 ..................................................................................... 16\n19.\nPower to make subsequent order ............................................................................................... 16\n20.\nJurisdiction and procedure ......................................................................................................... 16\n21.\nRestriction on advertisements .................................................................................................... 17\n22.\nRestrictions on sending children abroad for adoption ................................................................ 17\n23.\nLicence to send child abroad for adoption .................................................................................. 18\n24.\nAdopted Children Register ......................................................................................................... 18\n\nArrangement of Sections\nAdoption of Children Act (2021 Revision)\n\nPage 4\nRevised as at 31st December, 2020\nc\n\nFIRST SCHEDULE\n21\nADOPTION OF CHILDREN REGULATIONS\n21\n(2021 Revision)\n21\nArrangement of Regulations\n21\n1.\nCitation ....................................................................................................................................... 22\n2.\nDefinitions .................................................................................................................................. 22\n3.\nApplication, etc. .......................................................................................................................... 22\n4.\nMemorandum to be furnished and receipt therefor .................................................................... 22\n5.\nEnquiries by Board ..................................................................................................................... 22\n6.\nPre-requirements to delivery of child ......................................................................................... 22\n7.\nVisits by representative of Board ............................................................................................... 23\nFIRST APPENDIX\n24\nForm A\n24\nApplication to the Board\n24\nForm B\n25\nMedical examination of the applicants\n25\nForm C\n26\nMemorandum to be furnished by Board to parent or guardian proposing to place child at\ndisposition of Board\n26\nForm D\n27\nCertificate of receipt of memorandum to be furnished to board by parent or guardian\nproposing to place child at disposition of Board\n27\nSECOND APPENDIX\n28\nPART I - Particulars Relating to the Child\n28\nPART II - Medical Certificate\n30\nArrangement of Rules\n31\nSECOND SCHEDULE\n31\n1.\nCitation ....................................................................................................................................... 33\n2.\nDefinitions .................................................................................................................................. 33\n3.\nApplication, etc. .......................................................................................................................... 33\n4.\nCircumstances in which Court will entertain second application for same child ........................ 34\n5.\nGuardian ad litem ....................................................................................................................... 34\n6.\nProceedings to be in camera ..................................................................................................... 34\n7.\nPersonal attendances ................................................................................................................ 35\n8.\nCourt may direct separate attendances ..................................................................................... 35\n9.\nNotice of adjourned hearings ..................................................................................................... 35\n10.\nAdoption and interim orders ....................................................................................................... 35\n11.\nHearing of postponed applications ............................................................................................. 36\n12.\nCosts .......................................................................................................................................... 36\n13.\nRegistrar to be sent copies ........................................................................................................ 36\n14.\nRules of Court to apply .............................................................................................................. 37\n15.\nAppeals ...................................................................................................................................... 37\n\nAdoption of Children Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 5\n\n16.\nNotice of appeal .......................................................................................................................... 37\n17.\nService of notice of appeal ......................................................................................................... 37\n18.\nDuties of Clerk of Court when notice of appeal filed .................................................................. 37\n19.\nBoard to supply reasons for decision, etc. .................................................................................. 37\n20.\nAppeals by way of rehearing ...................................................................................................... 38\nAPPENDIX - FORMS\n39\nForm A\n39\nApplication for an Adoption Order in respect of a child named _____\n39\nForm B\n41\nParticulars to be furnished with application for Adoption Order\n41\nForm C\n42\nStatement to be lodged in Court by Board on every application for an Adoption Order\n42\nForm D\n43\nConsent of parent or guardian of child\n43\nForm E\n44\nNotice of application for an Adoption Order in respect of a child named () formerly ()\n44\nForm F\n45\nAdoption Order in respect of a child named () formerly ()\n45\nForm G\n47\nInterim Order in respect of a child named () formerly ()\n47\nForm H\n49\nNotice of further hearing of an application for an Adoption Order\n49\nForm I\n50\nNotice of Appeal\n50\nForm J\n51\nIn the matter of the appeal of (an adopter or parent or guardian as the case may be)\nagainst a decision of the Adoption Board\n51\nArrangement of Rules\n52\nTHIRD SCHEDULE\n52\n1.\nCitation ....................................................................................................................................... 54\n2.\nApplication for licence ................................................................................................................. 54\n3.\nNotice of application ................................................................................................................... 54\n4.\nReport from consular officer, etc ................................................................................................ 54\n5.\nFixture to be made ...................................................................................................................... 54\n6.\nService of notices ....................................................................................................................... 54\n7.\nNotice to produce child ............................................................................................................... 55\n8.\nService: mode and proof thereof ................................................................................................ 55\n9.\nForms ......................................................................................................................................... 55\n\nArrangement of Sections\nAdoption of Children Act (2021 Revision)\n\nPage 6\nRevised as at 31st December, 2020\nc\n\n10.\nPersons attending may be sworn ............................................................................................... 55\n11.\nForm of licence .......................................................................................................................... 55\nAPPENDIX\n56\nForm 1\n56\nForm of notice of an application for a licence under section 23 of the Adoption of\nChildren Act (2021 Revision).\n56\nForm 2\n58\nForm of notice of hearing\n58\nForm 3\n59\nForm of notice requiring production of child at the hearing of an application\n59\nForm 4\n60\nForm of Declaration of Service\n60\nForm 5\n61\nForm of consent to the making of an application\n61\nForm 6\n62\nForm of Licence\n62\nFOURTH SCHEDULE\n64\nADOPTED CHILDREN REGISTER\n64\nFIFTH SCHEDULE\n65\nLISTED COUNTRIES\n65\nENDNOTES\n67\nTable of Legislation history: ................................................................................................................. 67\n\nAdoption of Children Act (2021 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2020\nPage 7\n\nCAYMAN ISLANDS\n\nADOPTION OF CHILDREN ACT\n(2021 Revision)\n\n1.\nShort title\n1.\nThis Act may be cited as the Adoption of Children Act (2021 Revision).\n2.\nDefinitions\n2.\nIn this Act \u2014\n\u201cadopter\u201d means a person who is proposing to adopt, or who has adopted, a\nchild in pursuance of an adoption order;\n\u201cadoption order\u201d means an order made under section 9;\n\u201cBoard\u201d means the Adoption Board established under section 3;\n\u201cchild\u201d means a person under the age of eighteen years;\n \u201ccivil partner\u201d has the meaning assigned by the Civil Partnership Act, 2020\n[Law 35 of 2020];\n\u201ccivil partnership\u201d has the meaning assigned by the Civil Partnership Act,\n2020 [Law 35 of 2020];\n\u201cCourt\u201d means the Grand Court;\n\u201cfather\u201d, in relation to an illegitimate child, means the natural father;\n\u201cguardian\u201d, in relation to a child, means a person appointed by deed or will or\nby a Court of competent jurisdiction to be that child\u2019s guardian;\n\u201cJudge\u201d means a Judge of the Grand Court;\n\u201cmember\u201d means a member of the Board;\n\nSection 3\nAdoption of Children Act (2021 Revision)\n\nPage 8\nRevised as at 31st December, 2020\nc\n\n\u201cRegistrar\u201d means the person having general responsibility for the registration\nof births in the Islands; and\n\u201crelative\u201d, in relation to a child, means a grandparent, brother, sister, aunt or\nuncle, whether of the full blood or half blood or by affinity (by marriage or civil\npartnership), and includes any person who would be a relative of the child within\nthe meaning of this definition if the adopted person were the child of the adopter,\nwhere an adoption order has been made in respect of the child or any other\nperson;\n3.\nAdoption Board\n3.\n(1) A Board, called the Adoption Board, is established which shall consist of a\nchairperson and not more than five other members to be appointed by the\nCabinet.\n(2) Each appointment is for a period of two years unless revoked by the Cabinet.\n(3) At meetings of the Board from which the chairperson is absent the members\npresent shall appoint one of their number to the chair.\n(4) The quorum of the Board is three.\n(5) The Cabinet may appoint any person to act in the place of any member who is\nabsent or unable to act.\n(6) The Board has power to regulate its own procedure.\n(7) (a) The Board may, with the approval of the Cabinet, appoint and employ at\nsuch remuneration and on such terms and conditions as it thinks fit such\nofficers, agents and servants as it deems necessary for the proper carrying\nout of this Act.\n(b) The expenses of the Board (including the remuneration of its staff) are\ndefrayed out of sums provided for the purpose by the Cayman Islands\nParliament.\n(8) The Board may appear and be represented at any stage of the proceedings in a\nCourt by one of its officers or by any person it authorises in that behalf.\n4.\nRestriction on making arrangements for the adoption of children\n4.\n(1) Subject to section 5, whoever takes part in arranging an adoption for gain or\nreward or in the management or control of a body of persons other than the\nBoard which exists wholly or in part for the purpose of making arrangements\nfor the adoption of children, commits an offence and is liable on summary\nconviction to a fine of four hundred dollars and to imprisonment for six months.\n(2) A person is deemed to make arrangements for the adoption of a child if that\nperson, not being the parent or guardian of the child, enters into or makes any\nagreement or arrangement for, or for facilitating, the adoption of the child by\nany other person, whether the adoption is effected or is intended to be effected,\n\nAdoption of Children Act (2021 Revision)\nSection 5\n\nc\nRevised as at 31st December, 2020\nPage 9\n\nin pursuance of an adoption order or otherwise, or if the person initiates or takes\npart in any negotiations of which the purpose or effect is the conclusion of any\nagreement or the making of any arrangement in that behalf, or if the person\ncauses another so to do.\n5.\nDuties of Board\n5.\nIt is the duty of the Board to \u2014\n(a) make arrangements for the adoption of children and for that purpose to\nreceive applications from parents, guardians and adopters; and\n(b) do such things and make such investigations concerning the adoption of\nchildren for the consideration of the Court as may be prescribed under\nsection 8.\n6.\nArrangements made by Board\n6.\n(1) Where arrangements are made by the Board for the adoption of a child, an\napplication to the Court for an adoption order in respect of the child shall not be\nmade by the adopter until the expiration of a period of three months from the\ndate upon which the child is delivered into the care and possession of the adopter\npursuant to the arrangements and, at any time during that period \u2014\n(a) the adopter may give notice in writing to the Board of the adopter\u2019s\nintention not to adopt the child; or\n(b) the Board may cause notice in writing to be given to the adopter of its\nintention not to allow the child to remain in the care and possession of the\nadopter,\nand where a notice is so given, the adopter shall, within seven days of the date\non which the notice was given, cause the child to be returned to the Board for\nthe purpose of restoring the child to the parents or guardian.\n(2) The Board shall appoint one or more persons whose duty shall be to keep the\nchild under close supervision during the said period of three months in\naccordance with the Regulations.\n(3) If, at the expiration of the said period of three months, no notice has been given\nas aforesaid, the adopter shall, within three months from the date upon which\nthat period so expired, apply to the Court for an adoption order in respect of the\nchild or shall give notice in writing to the Board of the adopter\u2019s intention not\nto apply for such an order, and, where notice is so given or where an application\nfor an adoption order in respect of the child is refused by the Court, the adopter\nshall, within seven days of the date on which the notice was given or of the date\nupon which the application is so refused, as the case may be, cause the child to\nbe returned to the Board for the purpose of restoring the child to the parents or\nguardian.\n\nSection 7\nAdoption of Children Act (2021 Revision)\n\nPage 10\nRevised as at 31st December, 2020\nc\n\n(4) Whoever contravenes this section has committed an offence and is liable, on\nsummary conviction, to a fine of one hundred dollars and to imprisonment for\nsix months, and the Court by which the offender is convicted may order a child\nin respect of whom the offence is committed to be returned to that child\u2019s parents\nor guardian or to the Board.\n7.\nAppeals by persons desirous of adopting children\n7.\nWhere any person has made representations to the Board with a view to the adoption\nof a child, and the Board are of the opinion that the adoption of the child by such\nperson would not be in the best interests of the child, the Board shall notify such\nperson accordingly, and such person may appeal from the decision of the Board to a\nJudge in Chambers.\n8.\nRegulations\n8.\n(1) The Cabinet may make regulations \u2014\n(a) regulating the conduct of negotiations entered into by or on behalf of the\nBoard with persons having the care and possession of children who are\ndesirous of causing children to be adopted, and in particular for\nsecuring \u2014\n(i)\nthat, where the parent or guardian of a child proposes to place the\nchild at the disposition of the Board with a view to the child being\nadopted, that person shall be furnished with a memorandum in the\nprescribed form explaining in ordinary language the effect, in\nrelation to that person\u2019s rights as a parent or guardian, for the making\nof an adoption order in respect of the child, and calling attention to\nthis Act and of any Rules made hereunder relating to the consent of\na parent or guardian to the making of such an order, and\n(ii) that, before so placing the child at the disposition of the Board, the\nparent or guardian shall sign a document in the prescribed form\nverifying that that parent or guardian has read or had read and\nunderstood the said memorandum;\n(b) requiring that the case of every child proposed to be delivered by or on\nbehalf of the Board into the care and possession of an adopter shall be\nconsidered by a committee (to be called a \u201ccase committee\u201d) comprised of\nnot less than three members of the Board;\n(c) prescribing, in the case of every such child as aforesaid, the inquiries which\nmust be made and the reports which must be obtained by the Board in\nrelation to the child and the adopter for the purpose of ensuring so far as\nmay be, the suitability of the child and the adopter respectively, and, in\nparticular, for requiring that a report on the health of the child and\nprospective adopter signed by a duly qualified medical practitioner be\nobtained by the Board;\n\nAdoption of Children Act (2021 Revision)\nSection 9\n\nc\nRevised as at 31st December, 2020\nPage 11\n\n(d) securing that no such child shall be delivered into the care and possession\nof an adopter by or on behalf of the Board until the adopter has been\ninterviewed by the case committee or by some person on its behalf, until a\nrepresentative of the committee has inspected any premises in the Islands\nin which the adopter intends that the child should reside permanently, and\nuntil the committee has considered the prescribed reports;\n(e) making provision for the care and supervision of children who have been\nplaced by their parents or guardians at the disposition of the Board; and\n(f)\ngenerally for carrying out the purposes of this Act.\n(2) Whoever contravenes any regulation commits an offence and is liable on\nsummary conviction to a fine of fifty dollars and, in the case of a second or\nsubsequent conviction, to a fine of one hundred dollars.\n(3) The Regulations in the First Schedule apply until varied by Regulations made\nunder subsection (1).\n9.\nPower to make adoption orders\n9.\n(1) Subject to this Act, the Court may, upon an application made in the prescribed\nmanner by a person domiciled in the Islands, make an order authorising the\napplicant to adopt a child.\n(2) An adoption order may be made on the joint application of two spouses or civil\npartners who, at the date of the application, have been married or party to a civil\npartnership and living together for no less than three years.\n(3) An adoption order may be made authorising the adoption of a child by the\nmother or father of the child, either alone or jointly.\n10.\nRestrictions on making adoption orders\n10. (1) An adoption order shall not be made in respect of a child unless \u2014\n(a) the applicant, or in the case of a joint application, one of the applicants \u2014\n(i)\nhas attained the age of twenty-five years but is not over the age of\nsixty-five years; or\n(ii) is the mother or father of the child; and\n(b) the child \u2014\n(i)\nis born in the Islands;\n(ii) is the child of a person possessing Caymanian status; or\n(iii) is, with the permission in writing of the Chief Immigration Officer\nfor the express purposes of the adoption proceedings, resident in the\nIslands.\n\nSection 11\nAdoption of Children Act (2021 Revision)\n\nPage 12\nRevised as at 31st December, 2020\nc\n\n(2) An adoption order shall not be made in respect of a child who is a female in\nfavour of a sole applicant who is a male, unless the Court is satisfied that there\nare special circumstances which justify making such an order.\n(3) Except as provided by section 9(2), an adoption order shall not be made\nauthorising more than one person to adopt a child.\n(4) Subject to section 11, an adoption order shall not be made \u2014\n(a) in any case, except with the consent of every person who is a parent or\nguardian of the child or who is liable by virtue of any order or agreement\nto contribute to the maintenance of the child;or\n(b) on the application of a spouse or civil partner, except with the consent of\nthe other spouse or civil partner.\n(5) Subject to subsection (6), an adoption order shall not be made unless the\napplicant and the child reside in the Islands.\n(6) An adoption order may be made on the application of a person who, though\ndomiciled in the Islands, is not ordinarily resident in the Islands; so, however,\nthat in relation to such an application this Act shall be modified by the\nsubstitution in section 6(1), (2) and (3) of the words \u201cperiod of six months\u201d for\nthe words \u201cperiod of three months.\u201d\n11.\nConsent to adoption\n11. (1) The Court may dispense with any consent required by paragraph (a) of\nsection 10(4) if it is satisfied \u2014\n(a) in the case of a parent or guardian of the child, that that parent or guardian\nhas abandoned, neglected or persistently ill-treated the child or has\npersistently failed without reasonable cause to \u2014\n(i)\ndischarge the obligations of a parent or guardian of the child; or\n(ii) demonstrate interest in the child;\n(b) in the case of a person liable by virtue of an order or agreement to\ncontribute to the maintenance of the child, that that person has persistently\nneglected or refused so to contribute; or\n(c) in any case, that the person whose consent is required cannot be found or\nis incapable of giving their consent or that their consent is unreasonably\nwithheld or for any other reason such consent should be dispensed with.\n(2) The Court may dispense with the consent of the spouse or civil partner of an\napplicant for an adoption order if satisfied that the person whose consent is to\nbe dispensed with cannot be found or is incapable of giving the consent or that\nthe spouses or civil partners have separated and are living apart and that the\nseparation is likely to be permanent.\n\nAdoption of Children Act (2021 Revision)\nSection 12\n\nc\nRevised as at 31st December, 2020\nPage 13\n\n(3) The consent of any person to the making of an adoption order in pursuance of\nan application (not being the consent of the child) may be given (either\nunconditionally or subject to conditions with respect to the religious persuasion\nin which the child is to be brought up) without knowing the identity of the\napplicant for the order; and where consent so given by any person is\nsubsequently withdrawn on the ground only that that person does not know the\nidentity of the applicant, that person\u2019s consent shall be deemed for the purposes\nof this section to be unreasonably withheld.\n(4) While an application for an adoption order in respect of a child is pending in the\nCourt, a parent or guardian of the child who has signified their consent to the\nmaking of an adoption order in pursuance of the application shall not be entitled,\nexcept with leave of the Court, to remove the child from the care and possession\nof the applicant; and in considering whether to grant or refuse such leave the\nCourt shall have regard to the welfare of the child.\n12.\nInterim orders\n12. (1) The Court may, upon an application for an adoption order, postpone the\ndetermination of the application and make an interim order giving the custody\nof the child to the applicant for a period not exceeding two years by way of a\nprobationary period upon such terms as regards provision for the maintenance,\neducation and supervision of the child and otherwise as the Court may think fit.\n(2) All such consents as are required to an adoption order shall be necessary for an\ninterim order but subject to a like power on the part of the Court to dispense\nwith any such consent.\n(3) An interim order is not an adoption order.\n13.\nEvidence of consent of parent or guardian\n13. (1) Where any person whose consent to the making of an adoption order is required\nby paragraph (a) of section 10(4) does not attend in the proceedings for the\npurpose of giving it, then, subject to subsection (3) hereof, a document\nsignifying that person\u2019s consent to the making of such an order shall, if the\nperson in whose favour the order is to be made is named in the document\nor (where the identity of that person is not known to the consenting party) is\ndistinguished therein in the prescribed manner, be admissible as evidence of that\nconsent, whether the document is executed before or after the commencement\nof the proceedings.\n(2) Where any such document is attested by a Justice of the Peace, the document\nshall be admissible as aforesaid without further proof of the signature of the\nperson by whom it is executed; and for the purposes of this subsection, a\ndocument purporting to be attested as aforesaid shall be deemed to be so\nattested, and to be executed and attested on the date and at the place specified\ntherein, unless the contrary is proved.\n\nSection 14\nAdoption of Children Act (2021 Revision)\n\nPage 14\nRevised as at 31st December, 2020\nc\n\n(3) A document signifying the consent of the mother of a child shall not be\nadmissible under this section unless \u2014\n(a) the child is at least six weeks old on the date of the execution of the\ndocument; and\n(b) the document is attested on that date by a Justice of the Peace.\n14.\nFunctions of Court as to adoption orders\n14. (1) The Court, before making an adoption order, shall be satisfied \u2014\n(a) that every person whose consent is necessary not dispensed with, has\nconsented to and understands the nature and effect of the order for which\napplication is made, and in particular in the case of any parent, understands\nthat the effect of the adoption order will be permanently to deprive that\nparent of their parental rights;\n(b) that the order if made will be for the welfare of the child, due consideration\nbeing for this purpose given to the wishes of the child, having regard to its\nage and understanding; and\n(c) that the applicant has not received or agreed to receive, and that no person\nhas made or given or agreed to make or give to the applicant, any payment\nor other reward in consideration of the adoption except such as the Court\nmay sanction.\n(2) The Court, in an adoption order, may impose such terms and conditions as the\nCourt may think fit, and in particular may require the adopter by bond or\notherwise to make for the child such provision, if any, as in the opinion of the\nCourt is just and expedient.\n15.\nRights and duties of parents and capacity to marry or enter into a civil\npartnership\n15. (1) Upon an adoption order being made, all rights, duties, obligations and liabilities\nof the parents or guardians of the child in relation to its future custody,\nmaintenance and education, including all rights to appoint a guardian and to\nconsent or give notice of dissent to marriage or to entering into a civil\npartnership, shall be extinguished, and all such rights, duties, obligations and\nliabilities shall vest in and be exercisable by and enforceable against the adopter\nas if the child were a child born to the adopter; and in respect of the matters\naforesaid the child shall stand to the adopter exclusively in the position of a child\nborn to the adopter.\n(2) In any case where two spouses or civil partners are the adopters, the spouses or\ncivil partners shall, in respect of the matters aforesaid, and for the purpose of\nthe jurisdiction of the Court to make orders as to the custody and maintenance\nof and right of access to children, stand to each other and to the child in the same\nrelation as they would have stood if they had been the lawful father and mother\n\nAdoption of Children Act (2021 Revision)\nSection 16\n\nc\nRevised as at 31st December, 2020\nPage 15\n\nof the child and the child shall stand to them respectively in the same relation as\nto a lawful father and mother respectively.\n(3) For the purpose of the law relating to marriage or civil partnership, an adopter\nand the person whom the adopter has been authorised to adopt under an adoption\norder shall be deemed to be within the prohibited degrees of consanguinity; and\nthis provision shall continue to have effect notwithstanding that some person\nother than the adopter is authorised by a subsequent order to adopt the same\nchild.\n16.\nAffiliation orders, etc.\n16. (1) Where an adoption order is made in respect of a child who is subject to\nsubsection (2), any affiliation order or decree of affiliation in force with respect\nto the child, and any agreement whereby the father of the child has undertaken\nto make payments specifically for the benefit of the child, shall cease to have\neffect, but without prejudice to recovery of any arrears which are due under the\norder, decree or agreement at the date of the adoption order.\n(2) Where a child to whom any such order, decree or agreement as aforesaid relates\nis adopted by that child\u2019s mother, and the mother is a single woman, the order\nshall not cease to have effect by virtue of the foregoing subsection upon the\nmaking of the adoption order, but shall cease to have effect if she subsequently\nmarries or enters into a civil partnership.\n17.\nIntestacies, wills and settlements\n17. (1) Where, at any time after the making of an adoption order, the adopter or the\nadopted person or any other person dies intestate in respect of any real or\npersonal property (other than property subject to an entailed interest under a\ndisposition made before the date of the adoption order), that property shall\ndevolve in all respects as if the adopted person were the child of the adopter and\nwere not the child of any other person.\n(2) In any disposition of real or personal property made, whether by instrument inter\nvivos or by will (including codicil), after the date of an adoption order, any\nreference (whether express or implied) \u2014\n(a) to a child of the adopter shall, unless the contrary intention appears, be\nconstrued as, or as including, a reference to an adopted child;\n(b) to a child of the adopted person\u2019s natural parents or either of them shall,\nunless the contrary intention appears, be construed as not being, or as not\nincluding, a reference to the adopted person; and\n(c) to a person related to the adopted person in any degree shall, unless the\ncontrary intention appears, be construed as a reference to the person who\nwould be related to the adopted person in that degree if that person were\nthe child of the adopter and were not the child of any other person.\n\nSection 18\nAdoption of Children Act (2021 Revision)\n\nPage 16\nRevised as at 31st December, 2020\nc\n\n18.\nProvisions supplementary to section 17\n18. (1) For the purposes of the devolution of any property in accordance with\nsection 17, and for the purposes of the construction of any such disposition as is\nmentioned in that section, an adopted person shall be deemed to be related to\nany other person being the child or adopted child of the adopter or (in the case\nof a joint adoption) of either of the adopters \u2014\n(a) where the adopted person was adopted by two spouses or civil partners\njointly, and that other person is the child or adopted child of both of them,\nas brother or sister of the whole blood; and\n(b) in any other case as brother or sister of the half-blood.\n(2) For the purposes of section 17(2) and of subsection (4) hereof a disposition\nmade by will or codicil shall be treated as made on the date of the death of the\ntestator.\n(3) Notwithstanding anything in section 17, trustees or personal representatives\nmay convey or distribute any real or personal property to or among the persons\nentitled thereto without having ascertained that no adoption order has been made\nby virtue of which any person is or may be entitled to any interest therein, and\nshall not be liable to any such person of whose claim they have not had notice\nat the time of the conveyance or distribution; but nothing in this subsection shall\nprejudice the right of any such person to follow the property, or any property\nrepresenting it, into the hands of any person, other than a purchaser, who may\nhave received it.\n(4) Where an adoption is made in respect of a person who has been previously\nadopted, the previous adoption shall be disregarded for the purposes of\nsection 17, in relation to the devolution of any property on the death of a person\ndying intestate after the date of the subsequent adoption order and in relation to\nany disposition of property made or taking effect on the death of a person dying\nafter that date.\n19.\nPower to make subsequent order\n19. An adoption order or an interim order may be made in respect of a child who has\nalready been the subject of an adoption order, and, upon any application for such\nfurther adoption order or interim order, the adopter or adopters under the adoption\norder last previously made shall be deemed to be the parent or parents of the child for\nall purposes of this Act.\n20.\nJurisdiction and procedure\n20. (1) The Court having jurisdiction to make adoption orders under this Act is the\nGrand Court.\n(2) Rules directing the manner in which applications to the Court are to be made,\nfor regulating appeals under section 7 and dealing generally with all the matters\n\nAdoption of Children Act (2021 Revision)\nSection 21\n\nc\nRevised as at 31st December, 2020\nPage 17\n\nof procedure and incidental matters arising out of this Act, and for carrying this\nAct into effect shall be made by the Chief Justice. Such Rules may provide for\napplications for adoption orders being heard and determined otherwise than in\nopen Court.\n(3) The Rules in the Second Schedule apply until varied or revoked by Rules made\nunder subsection (2).\n21.\nRestriction on advertisements\n21. (1) It is not be lawful for any advertisement to be published indicating that \u2014\n(a) the parent or guardian of a child is desirous of causing the child to be\nadopted; or\n(b) a person is desirous of adopting a child, or any person (not being the\nBoard) is willing to make arrangements for the adoption of a child.\n(2) Whoever causes to be published, or knowingly publishes, an advertisement in\ncontravention of section (1), commits an offence and is liable on summary\nconviction to a fine of one hundred dollars.\n22.\nRestrictions on sending children abroad for adoption\n22. (1) It is not lawful for a person, in connection with any arrangements made for the\nadoption of a child who is a British subject, to permit, or to cause or procure,\nthe care and possession of the child to be transferred to a person who is not a\ncitizen of a country listed in the Fifth Schedule or the guardian or a relative of\nthe child and who is resident outside the Islands.\n(2) It is not lawful for a person, in connection with any such arrangements, to\npermit, or to cause or procure, the care and possession of such a child to be\ntransferred to a person who is a citizen of a country listed in the Fifth Schedule\nresident outside the Islands and who is not the guardian or relative of the child,\nunless a licence has been granted in respect of the child under section 23.\n(3) Whoever contravenes subsection (1) or (2) commits an offence and is liable on\nsummary conviction to a fine of one hundred dollars and to imprisonment for\nsix months.\n(4) In any proceedings under this section, a report by a British consular officer or a\ndeposition made before a British consular officer and authenticated under the\nsignature of that officer is admissible in evidence, and it is not necessary to\nprove the signature or official character of the person who appears to have\nsigned such report or deposition.\n(5) The Cabinet may, from time to time, amend the Fifth Schedule.\n\nSection 23\nAdoption of Children Act (2021 Revision)\n\nPage 18\nRevised as at 31st December, 2020\nc\n\n23.\nLicence to send child abroad for adoption\n23. (1) A Judge may grant a licence in the form in the Third Schedule, and subject to\nsuch conditions and restrictions as the Judge thinks fit, authorising the care and\npossession of a child for whose adoption arrangements have been made to be\ntransferred to a citizen of a country listed in the Fifth Schedule resident outside\nthe Islands; but subject to this section no such licence shall be granted unless a\nJudge is satisfied \u2014\n(a) that the application is made by or with the consent of every person who is\na parent or guardian of the child in question, or who has the actual custody\nof the child, or who is liable to contribute to the support of the child; and\n(b) by a report of a British consular officer or any other person who appears\nto a Judge to be trustworthy, that the person to who the care and possession\nof the child is transferred is a suitable person to be entrusted therewith, and\nthat the transfer is likely to be for the welfare of the child, due\nconsideration being given to the wishes of the child, having regard to its\nage and understanding.\n(2) A Judge may dispense with any consent required by paragraph (a) of\nsubsection (1) if satisfied that the person whose consent is to be dispensed with\nhas abandoned or deserted the child or cannot be found or is incapable of giving\nsuch consent or, being a person liable to contribute to the support of the child,\neither has persistently neglected or refused to contribute to such support or is a\nperson whose consent ought, in the opinion of a Judge and in all the\ncircumstances of the case, to be dispensed with.\n(3) Where a Judge grants a licence under subsection (1), the Judge may authorise\nthe making or receipt by any person of any payments in consideration of the\ntransfer of the care and possession of the child in respect of whom the licence is\ngranted.\n(4) Rules governing the application for and grant of licences are prescribed in the\nThird Schedule, and those Rules may be varied or revoked by Rules made under\nsection 20(2).\n(5) In any proceedings under this section, a report by a British consular officer or a\ndeposition made before a British consular officer and authenticated under the\nsignature of that officer is admissible in evidence, and it is not necessary to\nprove the signature or official character of the person who appears to have\nsigned such report or deposition.\n24.\nAdopted Children Register\n24. (1) The Registrar appointed under the Births and Deaths Registration Act (2021\nRevision) shall maintain at the Registrar\u2019s office a register called the Adopted\nChildren Register, in which shall be made such entries as may be directed to be\nmade therein by adoption orders, but no other entries.\n\nAdoption of Children Act (2021 Revision)\nSection 24\n\nc\nRevised as at 31st December, 2020\nPage 19\n\n(2) Adoption orders shall contain a direction to the Registrar to make in the Adopted\nChildren Register any entry recording the adoption in the form in the Fourth\nSchedule.\n(3) For the purposes of compliance with subsection (2) \u2014\n(a) where the precise date of the child\u2019s birth is not proved to the satisfaction\nof the Court, the Court shall determine the probable date of its birth and\nthe date so determined shall be specified in the order as the date of birth;\n(b) where the name or surname which the child is to bear after the adoption\ndiffers from its original name or surname the new name or surname shall\nbe specified in the order instead of the original name; and\n(c) where the country of birth of the child is not proved to the satisfaction of\nthe Court, the particulars of that country may be omitted from the order\nand from the entry in the Adopted Children Register.\n(4) The Court shall cause every adoption order to be communicated to the Registrar,\nand upon receipt of such communication the Registrar shall cause compliance\nto be made with the directions contained in such order in regard both to marking\nan entry in the Register of Births with the word \u201cadopted\u201d and in regard to\nmaking the appropriate entry in the Adopted Children Register.\n(5) A certified copy of any entry in the Adopted Children Register if purporting to\nbe signed by the Registrar shall, without any further or other proof of such entry\nwhere the entry is made in accordance with subsection (4), be received not only\nas evidence of the adoption to which it relates but also as evidence of the date\nof the birth of the child to which it relates in all respects as though the same\nwere a certified copy of an entry in the Register of Births.\n(6) The Registrar shall cause an index of the Adopted Children Register to be made\nand kept in the Registrar\u2019s office, and every person shall be entitled to search\nsuch index and to have a certified copy of any entry in the Adopted Children\nRegister in all respects upon, and subject to the same terms, conditions and\nregulations as to payment of fees and otherwise as are applicable under the\nBirths and Deaths Registration Act (2021 Revision) in respect of searches in\nindices relating to births and deaths kept in the office of the Registrar, and in\nrespect of the supply from such office of certified copies of entries in the\nRegisters of Births and Deaths.\n(7) The Registrar shall, in addition to the Adopted Children Register and the index\nthereof, keep such other registers and books, and make such entries therein as\nmay be necessary, to record and make traceable the connection between an entry\nin the Register of Births which has been marked \u201cadopted\u201d pursuant to this Act\nand any corresponding entry in the Adopted Children Register, but such lastmentioned registers and books shall not be nor shall any index thereof be open\nto public inspection or search, nor, except under an order of a court of competent\n\nSection 24\nAdoption of Children Act (2021 Revision)\n\nPage 20\nRevised as at 31st December, 2020\nc\n\njurisdiction, shall the Registrar furnish any person with any information\ncontained in or with any copy or extract from any such registers or books.\n\nAdoption of Children Act (2021 Revision)\nFIRST SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 21\n\n FIRST SCHEDULE\nADOPTION OF CHILDREN REGULATIONS\n(2021 Revision)\nArrangement of Regulations\n\n1.\nCitation ....................................................................................................................................... 22\n2.\nDefinitions ................................................................................................................................... 22\n3.\nApplication, etc. .......................................................................................................................... 22\n4.\nMemorandum to be furnished and receipt therefor .................................................................... 22\n5.\nEnquiries by Board ..................................................................................................................... 22\n6.\nPre-requirements to delivery of child .......................................................................................... 22\n7.\nVisits by representative of Board ................................................................................................ 23\nFIRST APPENDIX\n24\nForm A\n24\nApplication to the Board\n24\nForm B\n25\nMedical examination of the applicants\n25\nForm C\n26\nMemorandum to be furnished by Board to parent or guardian proposing to place child at\ndisposition of Board\n26\nForm D\n27\nCertificate of receipt of memorandum to be furnished to board by parent or guardian\nproposing to place child at disposition of Board\n27\nSECOND APPENDIX\n28\nPART I - Particulars Relating to the Child\n28\nPART II - Medical Certificate\n30\n\nFIRST SCHEDULE\nAdoption of Children Act (2021 Revision)\n\nPage 22\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN REGULATIONS\n(2021 Revision)\n(Section 8(3))\n\n1.\nCitation\n1.\nThese Regulations may be cited as the Adoption of Children Regulations (2021\nRevision).\n2.\nDefinitions\n2.\nIn these Regulations \u2014\n\u201ccase committee\u201d means the committee referred to in section 8; and\n\u201cForm\u201d means a form in the First Appendix to these Regulations.\n3.\nApplication, etc.\n3.\nEvery person desirous of adopting a child shall first make application to the Board in\nForm A and submit with such application the certificate of a registered medical\npractitioner in Form B as to the physical and mental health of such person:\n\nProvided that where the adopter is the natural father or mother of the child that natural\nfather or mother shall not be required to submit a certificate as aforesaid unless\nrequested by the Board so to do.\n4.\nMemorandum to be furnished and receipt therefor\n4.\nThe Board shall furnish the parent or guardian of the child with a memorandum in\nForm C and shall not proceed further with any negotiations or arrangements for the\nadoption of the child unless the parent or guardian has signed and delivered to the\nBoard a certificate (which the Board shall retain) in Form D to the effect that that\nparent or guardian has read and understood the memorandum and agrees to the terms\nof the last paragraph thereof.\n5.\nEnquiries by Board\n5.\nThe Board shall make enquiries and obtain reports on the matters set out in the Second\nAppendix hereto and generally on all matters appertaining to the welfare of the child,\nand the report on the health of the child shall be signed by a registered medical\npractitioner. The case shall be considered by a case committee appointed by the Board\nfor the purpose and consisting of not less than three members of the Board.\n6.\nPre-requirements to delivery of child\n6.\nNo child shall be delivered by the Board into the care and possession of an adopter\nuntil \u2014\n\nAdoption of Children Act (2021 Revision)\nFIRST SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 23\n\n (a) the adopter has been interviewed, and any premises in the Islands in which\nthe adopter intends that the child should reside permanently have been\ninspected by the case committee or by some person on their behalf; and\n(b) the case committee has considered the reports required by regulation 5.\n7.\nVisits by representative of Board\n7.\nAt least once during every month of the probationary period of three months or six\nmonths, as the case may be, prescribed by section 6 or 10, or, where an interim order\nhas been made under section 12, of the period of such order, a representative of the\nBoard shall visit the child and also visit or otherwise make contact with the parents\nor guardian of the child and shall report upon the case and the result of such visits and\ncontact to the case committee. If the case committee so recommends, the Board shall\nimmediately remove the child from the care and possession of the adopter.\n\nFIRST APPENDIX\nAdoption of Children Act (2021 Revision)\n\nPage 24\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN REGULATIONS\n(2021 Revision)\nFIRST APPENDIX\nForm A\n(regulation 3)\nApplication to the Board\nI\/We the undersigned desire to make application to the Adoption Board in respect of a-\n*Male\n or child, approximately aged\nFemale\nor the child named\nnow residing at\nI\/We hereby undertake that the particulars given below are true to the best of my\/our\nknowledge and belief.\n1.\nName (s)\n2.\nAddress (es)\n3.\nCountry of domicile\n4.\nDate (s) of birth\n5.\nReligion\n6.\nNames and addresses of two responsible persons able to vouch the character of the\nadopter (s)\n\n*Delete words which do not apply\nN.B.- Where the application is made by one or both spouses or civil partners, their marriage\ncertificate or civil partnership certificate must be affixed to this form.\n\nAdoption of Children Act (2021 Revision)\nForm B\n\nc\nRevised as at 31st December, 2020\nPage 25\n\nADOPTION OF CHILDREN REGULATIONS\n(2021 Revision)\nForm B\n(regulation 3)\nMedical examination of the applicants\n (Where a joint application is made, an examination of each applicant is required).\nMatters on which information should be obtained:\nName Age Occupation\nAddress\nA.\nWhether the applicant has suffered at any time from \u2014\n(1) any nervous or mental disorder\n(2) fits of any kind\n(3) tuberculosis\nB.\nWhether he\/she is now in good health\nC.\nWhether there is any relevant family history of mental or physical disease\nD.\nWhether there is any detectable abnormality in the \u2014\n(1) cardio-vascular system (including blood pressure)\n(2) respiratory system (including chest X-ray if thought desirable)\n(3) genito-urinary system (including urine tests for sugar and albumen)\n(4) alimentary system\n(5) central nervous system\n(6) skin\n(7) eyes\n(8) ears and hearing\n\nIf so, give particulars-\nE.\nGeneral opinion of examining doctor in regard to the applicant\u2019s \u2014\n(1) physique\n(2) mental and emotional stability\n(3) psychological suitability to adopt a child\nF.\nWhether there is any reason to expect that the applicant\u2019s health may deteriorate\nbefore the child has reached the age of independence.\n\nSignature ----------------------------------- Date of Examination ------------------------\nQualifications --------------------------------------\n\nForm C\nAdoption of Children Act (2021 Revision)\n\nPage 26\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN REGULATIONS\n(2021 Revision)\nForm C\n(regulation 4)\nMemorandum to be furnished by Board to parent or guardian\nproposing to place child at disposition of Board\n\nIf an adoption order is made in respect of your child, all your rights and duties with regard\nto the child will be transferred permanently to the adopter. If you have taken out an\ninsurance policy against funeral expenses for the child, the insurers will be able to advise\nyou whether the policy can be transferred to the adopters, as is often the case.\nIt is for the adopters to apply for an adoption order, but unless there is some special reason\nto the contrary, the court which deals with the application will not make an order without\nyour consent. The main grounds on which an adoption order can be made without the\nconsent of a child\u2019s parents or guardians are that they have deserted the child or cannot be\nfound or are out of their proper senses or otherwise incapable of giving consent. You may\nhave to appear before the court in private to tell them whether you agree to the adoption.\n\nAdoption of Children Act (2021 Revision)\nForm D\n\nc\nRevised as at 31st December, 2020\nPage 27\n\nADOPTION OF CHILDREN REGULATIONS\n(2021 Revision)\nForm D\n(regulation 4)\n\nCertificate of receipt of memorandum to be furnished to board by\nparent or guardian proposing to place child at disposition of Board\n\nTo: The Adoption Board\nI hereby certify that I received from the Adoption Board a memorandum, Form C, headed\n\u201cAdoption of Children Act (2021 Revision)\u201d, from which I have detached this form of\nacknowledgement; that I have read the memorandum and understand it and agree to the\nterms thereof.\n\nSignature:-------------------------------------------------------\n\nAddress:---------------------------------------------------------\n\nBefore\n\n----------------------------------------------------------\nJustice of the Peace\n\nDate--------------------------------\n\nSECOND APPENDIX\nAdoption of Children Act (2021 Revision)\n\nPage 28\nRevised as at 31st December, 2020\nc\n\nSECOND APPENDIX\n(regulation 5)\nPART I - Particulars Relating to the Child\n1.\nName\n2.\nAddress\n3.\n\n(a) Date of birth\n(b) Weight at birth (state if premature)\n(c) Present weight\n(d) Was the mother\u2019s confinement normal or instrumental?\n4.\nIs the child a British subject?\n5.\nIf baptised, state place of baptism, and denomination\n6.\nFull name, address and age of child\u2019s parents\n\nIf dead, state date of death\n7.\nParents\u2019 religion(s)\n8.\nHas either parent any other children? If so, state age and sex of each\n9.\nIs there any history of insanity, tuberculosis or other disease in the family of either\nparent?\n10. Why is the child offered for adoption?\n11. Has the child any right or interest in property? If so, give full particulars.\n12. Has any insurance been effected on the life of the child?\n13. If the mother is alive \u2014\n(a) is she married or party to a civil partnership? If so, to whom?\n(b) does she consent to the adoption?\n14. If the father is alive \u2014\n(a) is he married or party to a civil partnership? If so, to whom?\n(b) if not, is he otherwise liable to contribute to the child\u2019s maintenance?\nIf so, give particulars.\n\n(If the parents are separated, state whether there is a separation order in force).\n(c) does he consent to the adoption?\n15. If the child has guardians, state \u2014\n(a) their names and addresses;\n(b) how and by whom they were appointed; and\n\nAdoption of Children Act (2021 Revision)\nSECOND APPENDIX\n\nc\nRevised as at 31st December, 2020\nPage 29\n\n(c) whether they consent to adoption.\n16.\n(a) Are any other persons liable to contribute to the support of the\n\nchild?\n(b) If so, do they agree to adoption?\n17. If the answer to question 13(b), 14(c), 15(c) or 16(b) is \u201cNo\u201d, the reason should be\nstated.\n18. Was the child \u2014\n(a) entirely-breast fed?\n(b) partially breast fed? or\n(c) entirely bottle fed?\n19. (a) when did the child begin to walk?\n(b) when did the child begin to talk?\n\nSECOND APPENDIX\nAdoption of Children Act (2021 Revision)\n\nPage 30\nRevised as at 31st December, 2020\nc\n\nPART II - Medical Certificate\n(The medical report must be signed by a registered medical practitioner)\n1.\nState of nutrition of the child (good, fair, poor).\n2.\nAre there any evidences of syphilis or other venereal diseases? State\n\nlaboratory tests applied and their results.\n3.\nIs there any evidence of tuberculosis?\n4.\nHas the child had fits? If so, state nature.\n5.\nIs there, or has there been any affection of the skin?\n6.\nIs there, or has there been any affection of the eyes? Is the sight normal?\n7.\nHas the child had any discharge from the ears, or any serious ear trouble, and canthe\nchild hear well?\n8.\nAre the nose and throat in healthy condition?\n9.\nIs there any evidence of disease of heart or lungs?\nl0.\nHas the child normal control of bowels and bladder for its age?\n11. Is the child now suffering from any infectious or contagious disease?\n12. Has the child had malaria, typhoid fever, measles, chicken-pox, whooping\n\ncough, diphtheria or mumps?\n13. Has the child been vaccinated?\n14. Is the child\u2019s mental and physical development normal for its age?\n15. Has the child any physical deformities?\n16. Are behaviour, speech and articulation normal for its age?\n17. If the child has been neglected, or improperly fed, do you consider its\nconstitution such that good nursing and proper care, would make it suitable for\nadoption?\n18. Give particulars of any condition not mentioned above, about which you consider an\nadopter should be informed.\n\nAdoption of Children Act (2021 Revision)\nArrangement of Rules\n\nc\nRevised as at 31st December, 2020\nPage 31\n\nCAYMAN ISLANDS\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nArrangement of Rules\nSECOND SCHEDULE\n\n1.\nCitation ....................................................................................................................................... 33\n2.\nDefinitions ................................................................................................................................... 33\n3.\nApplication, etc. .......................................................................................................................... 33\n4.\nCircumstances in which Court will entertain second application for same child ......................... 34\n5.\nGuardian ad litem ....................................................................................................................... 34\n6.\nProceedings to be in camera ...................................................................................................... 34\n7.\nPersonal attendances ................................................................................................................. 35\n8.\nCourt may direct separate attendances...................................................................................... 35\n9.\nNotice of adjourned hearings ...................................................................................................... 35\n10.\nAdoption and interim orders ....................................................................................................... 35\n11.\nHearing of postponed applications ............................................................................................. 36\n12.\nCosts .......................................................................................................................................... 36\n13.\nRegistrar to be sent copies ......................................................................................................... 36\n14.\nRules of Court to apply ............................................................................................................... 37\n15.\nAppeals ....................................................................................................................................... 37\n16.\nNotice of appeal .......................................................................................................................... 37\n17.\nService of notice of appeal ......................................................................................................... 37\n18.\nDuties of Clerk of Court when notice of appeal filed .................................................................. 37\n19.\nBoard to supply reasons for decision, etc. .................................................................................. 37\n20.\nAppeals by way of rehearing ...................................................................................................... 38\nAPPENDIX - FORMS\n39\nForm A\n39\nApplication for an Adoption Order in respect of a child named\n39\n\nSECOND SCHEDULE\nAdoption of Children Act (2021 Revision)\n\nPage 32\nRevised as at 31st December, 2020\nc\n\nForm B\n41\nParticulars to be furnished with application for Adoption Order\n41\nForm C\n42\nStatement to be lodged in Court by Board on every application for an Adoption Order\n42\nForm D\n43\nConsent of parent or guardian of child\n43\nForm E\n44\nNotice of application for an Adoption Order in respect of a child named () formerly ()\n44\nForm F\n45\nAdoption Order in respect of a child named () formerly ()\n45\nForm G\n47\nInterim Order in respect of a child named () formerly ()\n47\nForm H\n49\nNotice of further hearing of an application for an Adoption Order\n49\nForm I\n50\nNotice of Appeal\n50\nForm J\n51\nIn the matter of the appeal of (an adopter or parent or guardian as the case may be)\nagainst a decision of the Adoption Board\n51\n\nAdoption of Children Act (2021 Revision)\nSECOND SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 33\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\n\n(Section 20(3))\n1.\nCitation\n1.\nThese Rules may be cited as the Adoption of Children Rules (2021 Revision).\n2.\nDefinitions\n2.\nIn these Rules \u2014\n\u201capplicant\u201d means the person or persons making an application for an adoption\norder under the Act;\n\u201cForm\u201d means a form in the Appendix to these Rules; and\n\u201cthe Act\u201d, as referred to in these Rules, means the Adoption of Children Law\n(2021 Revision).\n3.\nApplication, etc.\n3.\n(1) Every application for an adoption order shall be made by summons and shall be\nintituled in the matter of the child and in the matter of the Act and there shall be\npresented to the Court a written statement in duplicate according to Form A,\naccompanied by a statement of particulars according to Form B and (except\nwhere the applicant is the mother or father of the child) written consents in Form\nD. A non-refundable fee of seventy-five dollars shall accompany the application\nof each child.\n (2) Except in a case where the applicant has made a previous application to a Court\nin respect of the same child, or the Court specially requires the attendance of the\napplicant, the attendance in person of the applicant shall not be necessary for\nthe purpose of lodging the aforesaid statement and documents.\n(3) The Board shall lodge in the Court on every application for an adoption order\nthe certificate of the parent or guardian of the child referred to in regulation 4 of\nthe Adoption of Children Regulations (2021 Revision) and a statement with\nrespect to the identity of the child in Form C.\n(4) If any person proposing to apply to the Court for an adoption order desires that\nthat person\u2019s identity shall be kept confidential, that person may, before taking\nout the appropriate summons apply to the Clerk of the Court for a serial number\nto be assigned to that person for the purposes of the proposed application and\nsuch a number shall be assigned to that person accordingly.\n(5) Unless it appears from the application, or is otherwise shown to the satisfaction\nof the Court, that the applicant does not desire that the applicant\u2019s identity\n\nSECOND SCHEDULE\nAdoption of Children Act (2021 Revision)\n\nPage 34\nRevised as at 31st December, 2020\nc\n\nshould be kept confidential, the proceedings shall be conducted with a view to\nsecuring that the applicant is not seen by or made known to any individual being\na respondent (other than the child or spouse or civil partner of the applicant);\nand in particular the Court shall direct that the applicant (unless that applicant\u2019s\nattendance is dispensed with under rule 7) shall attend and be heard and\nexamined separately and apart from any such respondent.\n4.\nCircumstances in which Court will entertain second application for same\nchild\n4.\nIf it appears to the Court that the applicant has made a previous application under the\nAct in respect of the same child, the Court shall not entertain the application unless\nsatisfied that there has been a substantial change in the circumstances.\n5.\nGuardian ad litem\n5.\n(1) The Court shall appoint some person to be guardian ad litem of the child in\nrespect of whom the application is made.\n (2) The following persons shall be made respondents, namely, the child in respect\nof whom the application is made, every person who is a parent or guardian of\nthe child or has the actual custody of the child or is liable to contribute to the\nsupport of the child, and where the applicant has a spouse or civil partner who\nis not also an applicant, the spouse or civil partner of the applicant.\n(3) The Court shall fix a time for the hearing of the application and shall issue a\nnotice in Form E addressed to the respondents and shall direct the Board to cause\nsuch notice to be served on each of them:\n\nProvided that where the child is in actual custody of any person, such notice\nneed not be served on the child, but may require such person to produce the\nchild to the Court, unless the Court is satisfied by a report from the Board that\nspecial circumstances exist which render it inexpedient or unnecessary that the\nchild shall personally attend before the Court.\n(4) Any notice under these Rules shall be served upon any respondent to whom it\nis addressed either by delivering a copy to the respondent personally or by\nleaving a copy with some person for the respondent at the the respondent\u2019s last\nknown or usual place of abode or by sending a copy by registered post to the\nrespondent at the respondent\u2019s last known or usual place of abode, whether such\nplace of abode is in the Islands or elsewhere.\n6.\nProceedings to be in camera\n6.\nAll proceedings under the Act shall be made, heard and determined in camera.\n\nAdoption of Children Act (2021 Revision)\nSECOND SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 35\n\n7.\nPersonal attendances\n7.\n(1) Subject to this Rule, an adoption order or an interim order shall not be made\nexcept after the personal attendance before the Court of the applicant and the\nparent or guardian of the child; notwithstanding in the case of the parent or\nguardian, that written consent has been obtained or that the Court is asked to\ndispense with consent.\n (2) The Court may waive the requirement under subrule (1) in the case of the parent\nor guardian of the child, if satisfied that any such person cannot be found or is\nincapable of giving consent or if for any reason the Court thinks it is right or\ndesirable that this requirement should be waived.\n(3) In any case where the Court dispenses with the personal attendance of any\nperson, the written consent of that person verified by a declaration purporting to\nbe made before and signed by a Justice of the Peace shall be prima facie\nevidence of such consent.\n(4) In the case of a joint application for an adoption order or an interim order, the\nCourt may, if it thinks fit, dispense with the personal attendance of one spouse\nor civil partner if the spouse\u2019s or civil partner\u2019s application is verified by a\ndeclaration purporting to be made before and signed by a Justice of the Peace.\n8.\nCourt may direct separate attendances\n8.\nSubject to this rule and rules 7(4) and 11(3)(b), the Court may direct that the applicant\nor any respondent shall attend and be heard and examined separately and apart from\nthe other parties to the application:\n\nProvided that no such direction shall be given unless \u2014\n(a) the Court is satisfied that the giving of the direction is desirable and will\nnot prejudice the determination of any question involved; and\n(b) the consent of the applicant or respondent whom it is proposed that the\ndirection shall given and of all other parties to the application is first\nobtained.\n9.\nNotice of adjourned hearings\n9.\nOn any adjournment of the hearing, the Court may issue to any respondent not in\nattendance a notice the time and place to which the hearing is adjourned and may\ndirect the Board to cause it to be served.\n10.\nAdoption and interim orders\n10. (1) An adoption order or an interim order shall be in Form F or Form G as the case\nmay require.\n (2) No copy or duplicate of such order shall be given to or served upon any person\nother than the applicant and the Clerk of the Court, as the case may be, except\nby special direction of the Court.\n\nSECOND SCHEDULE\nAdoption of Children Act (2021 Revision)\n\nPage 36\nRevised as at 31st December, 2020\nc\n\n(3) An interim order shall include such provision for the maintenance and education\nof the child and such terms as regards the exercise of supervision by the Board\nor otherwise as the Court may think fit.\n11.\nHearing of postponed applications\n11. (1) Where the determination of an application has been postponed and an interim\norder has been made, the applicant shall, at least two months before the\nexpiration of the order, apply to the Court which made the interim order to\nproceed with the determination of the application and it shall thereupon be\nlawful for the Court to fix a time for the further hearing of the application and\nto issue a notice in Form H, addressed to the respondents and to direct the Board\nto cause such notice to be served on each of them:\n\nProvided that where the child is in the actual custody of the applicant the notice\nneed not be served on the child.\n (2) Subject to this rule, where the applicant so applies, an adoption order shall not\nbe made unless the applicant, the child and a representative of the Board have\nattended the further hearing.\n(3) (a)\nThe Court may waive the requirement under subrule (2) in the case of the\nchild if satisfied by a report from the Board that special circumstances exist\nwhich render it inexpedient or unnecessary that the child shall personally\nattend before the Court; and\n(b) in the case of a joint application, the Court may, if it thinks fit, dispense\nwith the personal attendance of one spouse or civil partner, if that spouse\u2019s\nor civil partner\u2019s application is verified by a declaration purporting to be\nmade before and signed by a Justice of the Peace.\n12.\nCosts\n12. On the making of an interim order or on the determination of the application the Court\nmay make such an order as to costs as it may think just and in particular may order\nthe applicant to pay the out-of-pocket expenses incurred by the guardian ad litem or\nincurred in attending the Court by any other of the respondents, or such part thereof\nas the Court thinks proper, and such costs or expenses shall be recoverable summarily\nas a civil debt.\n13.\nRegistrar to be sent copies\n13. (1) Upon the making of an adoption order the Clerk of the Court shall, within seven\ndays from the date thereof, send a duplicate or a certified copy of the order to\nthe Registrar-General and shall also, subject to the payment by the applicant of\nany fee required by law, deliver or send a duplicate or certified copy to the\napplicant.\n (2) The duplicate or certified copy, if sent by post, shall be sent by registered post.\n\nAdoption of Children Act (2021 Revision)\nSECOND SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 37\n\n14.\nRules of Court to apply\n14. Subject to rules 3 to 13, the Rules of Court shall, mutatis mutandis, apply in respect\nof all proceedings under this Act.\n15.\nAppeals\n15. The Board shall, if so required by any person entitled under the Act to appeal\n(hereinafter called \u201cthe appellant\u201d), deliver to the appellant and file in their\nproceedings a statement of the reasons for their decision.\n16.\nNotice of appeal\n16. An appellant who desires to appeal against a decision of the Board shall, within\nfourteen days after the receipt by the appellant of the notification of the Board\u2019s\ndecision, file with the Clerk of the Court a notice in writing to that effect in Form I\n(hereinafter called a \u201cnotice of appeal\u201d) stating therein \u2014\n(a) the grounds of the appellant\u2019s appeal;\n(b) the appellant\u2019s address for service; and\n(c) the names and addresses of the persons intended to be served.\n17.\nService of notice of appeal\n17. In every notice of appeal the persons referred to in rule 5(2), except the appellant,\nshall be named as respondents, each of whom shall be served with a copy of the said\nnotice by the appellant within fourteen days after the receipt by that person of the\nnotification of the Board\u2019s decision.\n18.\nDuties of Clerk of Court when notice of appeal filed\n18. On the filing of a notice of appeal, the Clerk of the Court shall \u2014\n (a) enter the appeal in the books of the Court and fix a day for the hearing of\nthe appeal by a Judge in Chambers, and\n(b) serve on the appellant and on each of the respondents a notice in Form J\nby delivering it or posting the same to them at their respective addresses.\n19.\nBoard to supply reasons for decision, etc.\n19. Forthwith upon the serving of the notice of appeal, or as soon as may be thereafter,\nthe Clerk of the Court shall request the Board to furnish the Clerk of the Court\nimmediately \u2014\n(a) the reasons for the Board\u2019s decision;\n(b) all the relevant reports and correspondence and answers to the enquiries\non the matters set out in the Second Appendix to the Regulations contained\nin the First Schedule to this Act or copies thereof; and\n(c) any other information on which the Board based its decision,\n\nSECOND SCHEDULE\nAdoption of Children Act (2021 Revision)\n\nPage 38\nRevised as at 31st December, 2020\nc\n\nand the appellant, should the applicant desire to do so, may obtain copies of the\nsame from the Clerk of the Court on payment of the fees prescribed by the Rules\nof Court for office copies of documents.\n20.\nAppeals by way of rehearing\n20. Every appeal shall be by way of rehearing, and the Rules of Court shall apply thereto\nunless it is otherwise provided in these Rules.\n\nAdoption of Children Act (2021 Revision)\nAPPENDIX - FORMS\n\nc\nRevised as at 31st December, 2020\nPage 39\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nAPPENDIX - FORMS\nForm A\n(Rule 3(1))\nApplication for an Adoption Order in respect of a child named _____\nknown to the Adoption Board as Case No.\n\nTo the Court:\nI\/We, the undersigned\nresident at\nhereby state:\n1.\nI am\/We are desirous of being authorised under the Adoption of Children Act (2021\nRevision) to adopt a child of the sex, resident at in\nthe Islands hereinafter called \u201cthe child\u201d.\nDelete except in the case of de facto adoption\n2.\nThe child was on the date of coming into force of the said Law in my\/our custody and\nwas being brought up, maintained and educated by me\/us as my\/our child under a de facto\nadoption and had been in my\/our custody and had been so maintained and educated for a\nperiod of not less than two years before that date, to wit, from and after the day\nof 20 .\n3.\nThe child has been in my\/our care and has been brought up, maintained and educated\nby me\/us since .\n4.\nWe are married to \/ party to a civil partnership with each other;\n\n(or I am unmarried \/ not party to a civil partnership with)\n(or I am married to \/ party to a civil partnership with whose written\nconsent to the making of the order is appended hereto).\n5.\nI am\/ We are domiciled in the Islands.\n6.\nI\/We have not received or agreed to receive, and no person has made or given or\nagreed to make or give to me\/us, any payment or other reward in consideration of the\nadoption (except as follows: ).\n7.\nI\/We have made no previous application under this Act in respect of the child (other\nthan the application made to the Court on the day of\n, 20 , which was dealt with as follows, viz.: ).\n\nForm A\nAdoption of Children Act (2021 Revision)\n\nPage 40\nRevised as at 31st December, 2020\nc\n\n8.\nThe particulars furnished in this application and in the attached form are true and\ncomplete and I am a\/we are fit and proper person (s) to maintain and bring up the child\nsuitably.\nIn witness whereof I\/we have signed this statement on the day of\n20 .\n\n-------------------------------------------\nSignature of Applicant (s)\n(giving full first names).\n\nAdoption of Children Act (2021 Revision)\nForm B\n\nc\nRevised as at 31st December, 2020\nPage 41\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm B\n(Rule 3(1))\nParticulars to be furnished with application for Adoption Order\nName in full\nAddress\nOccupation\nDate of Birth\nRelationship, if any, to the child\nAge last birthday\nThese particulars are to be furnished by both first-named applicant and second-named\napplicant, if the application is being made by two spouses or by both applicants, if the\napplication is being made by both parties to a civil partnership.\n_________________________________________________________________\n\nForm C\nAdoption of Children Act (2021 Revision)\n\nPage 42\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm C\n(Rule 3(3))\nStatement to be lodged in Court by Board on every application for\nan Adoption Order\n\nStatement by Adoption Board of identity of child now named known to the\nAdoption Board as case no.\nTo the Court:\n1.\nI, , being a member of the Adoption Board hereby certify\nthat the child above named Adoption Board Case No. , is the child formerly known\nas .\n2.\nThe father of the child is , now resident at\n, whose written consent to the making of an adoption order is appended hereto; and the\nmother of the child is , now resident at whose\nwritten consent to the making of the adoption order is appended hereto.\n3.\nThe child was born on the day of , 20 , and is identical\nwith the child to whom the attached certified copy of an entry in the Register of Births\nrelates.\n4.\nThe child has never been married or party to a civil partnership.\n*5. The guardian (s) of the child is\/are , whose written\nconsent (s) to the making of an adoption order is\/are appended hereto.\n*6. The child is in the actual custody of of , whose written\nconsent to the making of an adoption order is appended hereto.\n*7. , of , is\/are liable to contribute to the support\nof the child and that person\u2019s\/their written consent(s) to the making of an adoption order\nis\/are appended hereto.\n\n---------------------------------------------------------\nSignature of member of Adoption Board\nDated\n* Delete whichever is not applicable.\n\nAdoption of Children Act (2021 Revision)\nForm D\n\nc\nRevised as at 31st December, 2020\nPage 43\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm D\n(Rule 3(1))\nConsent of parent or guardian of child\nConsent to an Adoption Order in respect of a child formerly named and known to the\nAdoption Board as Case No.\nAn application to Court being made for an order authorising the adoption under\nthe Adoption of Children Act (2021 Revision) of the said child.\nI\/We the undersigned , of being-\nDelete all but one of these descriptions, except in the case of father and mother consenting\njointly\n(a) the father of the child\n(b) the mother of the child\n(c) a guardian of the child\n(d) a person (acting on behalf of a body) having the actual custody of the child\n(e) a person (acting on behalf of a body) being liable to contribute to the support of the\nchild\n(f)\nthe spouse or civil partner of the applicant\n(g) serial number\nhereby state that I\/we understand the nature and effect of the Adoption Order for which\napplication is made (and that in particular I\/we understand that the effect of the order will\nbe permanently to deprive me\/us of my\/our parental rights) and I\/we hereby consent to the\nmaking of an adoption order in favour of the applicant (on condition that the religious\npersuasion in which the child is brought up is .................................).\nIn witness whereof I\/we have signed this consent on the day of\n , 20 .\nSignature\nAddress\nDescription\nSigned in the presence of\nAddress\n\nSignature\n\nDescription\n\nForm E\nAdoption of Children Act (2021 Revision)\n\nPage 44\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm E\n(Rule 5(3))\n\nNotice of application for an Adoption Order in respect of a child\nnamed (1) formerly (2)\nknown to the Adoption Board as Case No.\n\nSee Note 1\nSee Note 2\n\nIn the Court.\nTo of\nand of , etc.\nTake notice:\nSee Note 3\n(1) That an application has been made by (3) for an order under the Adoption of\nChildren Act (2021 Revision) authorising the said applicant to adopt the said child, being\na child of the sex, aged years, resident at .\n(2) That the said application will be heard before the Court sitting at\non the day of , 20 , at the hour of in the\nfore\/after noon and that you are severally required to attend before the Court (and in the\ncase of produce the said child before the Court).\nDated the day of 20 .\n\n1 Insert name or names by which the child is to be known.\n2 Delete where there is no change of name. Where there is change of name insert former names, including\nsurname.\n3 Where the application is made by two spouses or civil partners jointly the form should be modified; and where\nunder a serial number, the serial number should be inserted.\n\nAdoption of Children Act (2021 Revision)\nForm F\n\nc\nRevised as at 31st December, 2020\nPage 45\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm F\n(Rule 10(1))\n\nAdoption Order in respect of a child named (4) formerly (5)\nBefore the Court sitting at ,\nthe day of , 20 .\nApplication has been made by (hereinafter called the first-named\napplicant), a person not under the age of 25 years, by occupation\n , resident at , in the Islands and domiciled in the Islands\n(and by , the first-named applicant\u2019s spouse or civil partner (hereinafter\ncalled the second-named applicant) being the mother of the child or a person not under the\nage of 25 years) (and the applicant\/one of the applicants being the mother\/father of the\nchild) (by serial number ) that he\/she\/they is\/are desirous of being\nauthorised under the Adoption of Children Act (2021 Revision), to adopt a child of the\n sex aged years, resident at , in the Islands, who has\nnever been married or party to a civil partnership, the child of (and\nof the first-named applicant\u2019s spouse or civil partner) (hereinafter\ncalled the child);\nAnd the applicant(s) being (respectively) not less than 25 years old;\nDelete words not applicable\nAnd the applicant(s) has\/have attained the age of 21 years and is\/are a relative(s) of the\nchild;\nDelete words not applicable\n(And the first-named applicant being the putative father of the child);\n(And the second-named applicant being the mother of the child);\nAnd all consents required by the Act having been obtained or dispensed with;\nIt is adjudged that the statements made in the application are true;\n\n1 Insert name or names, including surname, by which the child is to be known.\n2 Delete where there is no change of name. Where there is change of name, insert former name including\nsurname.\n\nForm F\nAdoption of Children Act (2021 Revision)\n\nPage 46\nRevised as at 31st December, 2020\nc\n\n(And the following payment or reward is sanctioned, viz.: );\nAnd it is ordered that the applicant(s) be authorised to adopt the child;6\n\n(And as regards costs it is ordered that ); And it is\ndirected that the Registrar-General shall make an entry recording this adoption in the\nAdopted Children Register in accordance with the particulars set out in the Schedule hereto\nand shall enter the date of birth of the child in column 6 of the said Register as the\nday of , 20 ; And it having been proved to the satisfaction of the Court\nthat the child was born on the date last mentioned and is identical with ,\nto whom an entry numbered and made on the , day of 20 , in the\nRegister of Births for the Registrar\u2019s district of relates,7 it is further\ndirected that the Registrar-General, in addition to making in the Adopted Children Register\nthe entry of the date of birth directed above, shall cause the aforesaid entry in the Register\nof Births to be marked with the word \u201cAdopted.\u201d8\n\nSCHEDULE TO FORM F\nName of adopted\nchild (See Note\n(1))\nSex of adopted\nchild\nName\nand\nsurname, address\nand occupation of\nadopter\nor\nadopters\nDate of birth of\nchild\nDate of adoption\norder\nand\ndescription\nof\nCourt by which\nmade\n\nNotes:\n(1) Insert name or names, including surname, by which the child is to be\nknown.\n\n1 Insert first name or names by which the child is to be known. The surname should not be stated here.\n2 Where no entry relating to the child is found in the Register of Births this paragraph should be deleted.\n3 An adoption order, or copy sent to the Registrar-General is required to be drawn up on paper of foolscap\nfolio size, thirteen inches by eight inches, and to have a margin, to be left blank, not less than one inch wide on\nthe left side of the face of the order, and a similar margin in the right side of the reverse if any.\n\nAdoption of Children Act (2021 Revision)\nForm G\n\nc\nRevised as at 31st December, 2020\nPage 47\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm G\n(Rule 10(1))\nInterim Order in respect of a child named (9) formerly (10)\n\nBefore the Court sitting at the\nday of , 20 .\nDelete words not applicable\nApplication has been made by , hereinafter called the\nfirst-named applicant, a person not under the age of 25 years, by occupation\n, resident at , in the Islands and domiciled in the Islands (and\nby , the first-named applicant\u2019s spouse or civil partner, hereinafter\ncalled the second-named applicant, being the mother\/father of the child or a person not\nunder the age of 25 years) (and the applicant\/one of the applicants being the mother\/father\nof the child (by serial number ) that the applicant\/one of the\napplicants\nDelete words not applicable\n\/she\/they is\/are desirous of being authorised under the Adoption of Children Act (2021\nRevision) to adopt (3)11 a child of the sex, aged\nyears, resident at , in the Islands, who has never been married or party to a\ncivil partnership, the child of (and of , the first-named\napplicant\u2019s spouse or civil partner), herein called the child: And applicant (s) being not less\nthan 25 years old; (And the applicant (s) has\/have attained the age of 21 years and is\/are\nrelative (s) of the child); (And the first-named applicant being the putative father of the\nchild); (And the second-named applicant being the mother of the child); And all the\nconsents required by the Act having been obtained or dispensed with;\nIt is adjudged that the statements made in the application are true;\nAnd the determination of the application is postponed and it is ordered that the custody of\nthe child be given to the applicant(s) for a period not exceeding two years, viz., until the\nday of , 20 , by way of a probationary period upon the following\nterms, viz. and that the applicant(s) shall, at least two months before that date, apply for a\n\n1 Insert the name or names, including surname, by which the child is to be known.\n2 Delete where there is no change of name. Where there is change of name, insert former name including\nsurname.\n3 Insert first name or names by which the child is to be known. The surname should not be stated here.\n\nForm G\nAdoption of Children Act (2021 Revision)\n\nPage 48\nRevised as at 31st December, 2020\nc\n\ndetermination of the application: (And as regards costs it is ordered that----------------------\n--------------------------------------------------------------------------------------).\n\nAdoption of Children Act (2021 Revision)\nForm H\n\nc\nRevised as at 31st December, 2020\nPage 49\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm H\n (Rule 11 (1))\nNotice of further hearing of an application for an Adoption Order\n\nNotice of further hearing of an application for an Adoption Order in respect of a child\nnamed (1)12 formerly (2)13 .\n\nBefore the Court sitting at the day of\n, 20 .\nTo of and\n of , etc.\nTake notice\nSee Note 3\n(a) That an application was made by (3)14 for an order under the Adoption\nof Children Act (2021 Revision) authorising the said applicant to adopt the said child, being\na child of the sex, then aged years.\n(b) That the determination of the said application was postponed and an interim order\nwas made by the Court sitting at on the day of , 20 .\n(c) That the said application will be further heard before Court sitting at\non the day , 20 , and that it is open to you to attend before the Court.\n\nDated this day of , 20 .\n\n1 Insert name or names, including surname by which the child is to be known.\n2 Delete where there is no change of name. Where there is change of name, insert former name, including\nsurname.\n3 Where the application was made by two spouses or civil partners jointly the form should be modified.\n\nForm I\nAdoption of Children Act (2021 Revision)\n\nPage 50\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm I\n (Rule 16)\nNotice of Appeal\nIn the matter of the appeal of (an adopter or parent or guardian as the case may be) against\na decision of the Adoption Board and\nIn the Matter of the Adoption of Children Act (2021Revision).\nI, being aggrieved at the decision of the Board dated the\nday of , 20 , that the adoption of a\nmale\/female child by\nwould not be in the best interest of the child, do hereby appeal against such decision on the\nfollowing grounds-\n(Here set out reasons for appeal)\nI request you to enter my appeal for hearing. The name and address of the respondent are-\nMy address for service is-\nDated this day of ,20 .\nTo:\n(Signed)\n\n-------------------------------\nAppellant\n(Name and address of Respondent)\n\nAdoption of Children Act (2021 Revision)\nForm J\n\nc\nRevised as at 31st December, 2020\nPage 51\n\nADOPTION OF CHILDREN RULES\n(2021 Revision)\nForm J\n(Rule 18(b))\nIn the matter of the appeal of (an adopter or parent or guardian as\nthe case may be) against a decision of the Adoption Board\n and\nIn the Matter of the Adoption of Children Act (2021 Revision)\nTAKE NOTICE that the appeal in this matter from the decision of the Adoption Board\ndated the day of , 20 , will be heard by a Judge in\nChambers on the day of , 20 , at the hour of\nin the fore\/after noon, and that if you do not attend at the time and place above mentioned,\nsuch order will be made as the Judge thinks fit.\nDated this day of , 20 .\n\n-------------------------------\nClerk of the Court\n\nArrangement of Rules\nAdoption of Children Act (2021 Revision)\n\nPage 52\nRevised as at 31st December, 2020\nc\n\nCAYMAN ISLANDS\n\nADOPTION OF CHILDREN (TRANSFER\nABROAD) RULES\n(2021 Revision)\nArrangement of Rules\nTHIRD SCHEDULE\n1.\nCitation ....................................................................................................................................... 54\n2.\nApplication for licence ................................................................................................................ 54\n3.\nNotice of application ................................................................................................................... 54\n4.\nReport from consular officer, etc ................................................................................................ 54\n5.\nFixture to be made ..................................................................................................................... 54\n6.\nService of notices ....................................................................................................................... 54\n7.\nNotice to produce child .............................................................................................................. 55\n8.\nService: mode and proof thereof ................................................................................................ 55\n9.\nForms ......................................................................................................................................... 55\n10.\nPersons attending may be sworn ............................................................................................... 55\n11.\nForm of licence .......................................................................................................................... 55\nAPPENDIX\n56\nForm 1\n56\nForm of notice of an application for a licence under section 23 of the Adoption of\nChildren Act (2021 Revision).\n56\nForm 2\n58\nForm of notice of hearing\n58\nForm 3\n59\nForm of notice requiring production of child at the hearing of an application\n59\n\nAdoption of Children Act (2021 Revision)\nTHIRD SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 53\n\nForm 4\n60\nForm of Declaration of Service\n60\nForm 5\n61\nForm of consent to the making of an application\n61\nForm 6\n62\nForm of Licence\n62\n\nTHIRD SCHEDULE\nAdoption of Children Act (2021 Revision)\n\nPage 54\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN (TRANSFER ABROAD) RULES\n(2021 Revision)\n(Section 23)\n1.\nCitation\n1.\nThese Rules may be cited as the Adoption of Children (Transfer Abroad) Rules (2021\nRevision).\n2.\nApplication for licence\n2.\nAn application for a licence under section 23 authorising the care and possession of\na child, being a British subject for whose adoption arrangements have been made to\nbe transferred to a person resident outside of the Islands may be made by a parent or\nguardian of the child or by the Board.\n3.\nNotice of application\n3.\nNotice of the application shall be given to the Clerk of the Court in Form 1 in the\nAppendix.\n4.\nReport from consular officer, etc\n4.\nThe Clerk of the Court shall cause a copy of the notice to be sent to a British consular\nofficer or to some other person abroad who appears to the Clerk of the Court to be\ntrustworthy, and shall request the officer or person to report whether the person to\nwhom the care and possession of the child is proposed to be transferred is a suitable\nperson to be entrusted therewith.\n5.\nFixture to be made\n5.\nUpon receipt of a report from the British consular officer or the person referred to in\nrule 4, the Clerk of the Court shall fix a time for the hearing of the application and\nshall send to the applicant a notice in Form 2 in the Appendix.\n6.\nService of notices\n6.\nA copy of the notices referred to in rules 3 and 5 shall be served by the applicant upon\nthe child and the Board and upon every person who is a parent or guardian of the\nchild, or who has the actual custody of the child, or who is liable to contribute to the\nsupport of the child:\n\nProvided that the Clerk of the Court may dispense with the service required by this\nrule of a copy of the notices \u2014\n\nAdoption of Children Act (2021 Revision)\nTHIRD SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 55\n\n(a) upon any person other than the child, if the Clerk of the Court is satisfied\nthat that person cannot be found; and\n (b) upon the child, if the Clerk of the Court thinks fit, having regard to the age\nand understanding of the child.\n7.\nNotice to produce child\n7.\nThe Clerk of the Court may issue a notice in Form 3 in the Appendix requiring any\nperson who has the actual custody of the child to produce the child at the hearing of\napplication and the applicant (unless the Clerk of the Court themselves has the actual\ncustody of the child) shall serve the notice upon that person.\n8.\nService: mode and proof thereof\n8.\n(1) The service of any document under rule 6 or 7 may be effected by delivering it\nto the person to be served or by sending it by registered post to that person at\nthat person\u2019s last known or usual place of abode.\n (2) The service of any such document as aforesaid may be proved by the production\nof a declaration in Form 4 in the Appendix or in a form to the like effect\npurporting to be made before a Justice of the Peace.\n9.\nForms\n9.\n(1) The persons upon whom a copy of the notices referred to in rule 6 is required\nby that rule to be served may attend at the hearing of the application and shall\nbe entitled to be heard.\n(2) The consent of a person to the making of the application, if given in writing,\nmay be proved by the production of a declaration in Form 5 in the Appendix or\nin a form to the like effect purporting to be made and signed by that person\nbefore a Justice of the Peace.\n10.\nPersons attending may be sworn\n10. A Judge hearing the application may require any person attending for the purpose of\nmaking or opposing the application or giving evidence in the matter to be sworn.\n11.\nForm of licence\n11. Any licence granted under section 23 of this Act shall be in Form 6 in the Appendix.\n\nAPPENDIX\nAdoption of Children Act (2021 Revision)\n\nPage 56\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN (TRANSFER ABROAD) RULES\n(2021 Revision)\nAPPENDIX\nForm 1\n (Rule 3)\nForm of notice of an application for a licence under section 23 of the\nAdoption of Children Act (2021 Revision).\nTo the Clerk of the Court:\nI hereby give notice that I intend to apply for a licence under section 23 of the Adoption of\nChildren Act (2021 Revision) in respect of a male\/female child named\naged years, born on the day of , 20 .\nThe child is a British subject and is the subject of arrangements for his\/her adoption as\nfollows \u2014\n(Here set out the arrangements).\n*If the father or mother is dead the fact should be stated\n* The father of the child is\nof , a subject,\naged years.\n* The mother of the child is\nof , a subject,\naged years.\n*Strike out this paragraph if it does not apply\n* The guardian of the child is\nof , a subject,\naged years.\nThe child is at present in the actual custody of\nof .\n*If no persons are liable write \u201cnone\u201d. If anyone is liable, state the reason for the liability.\n*The following persons are liable to contribute to the support of the child.\n1. of .\n2. of .\n\nAdoption of Children Act (2021 Revision)\nForm 1\n\nc\nRevised as at 31st December, 2020\nPage 57\n\nThe person to whom the care and possession of the child is proposed to be transferred is\n; a citizen of a scheduled country as defined in section 23, resident at\n.\n*Give full particulars. If there are no arrangements write \u201cNone\u201d.\n*The following financial arrangements have been made (or are contemplated) in\nconsideration of the transfer of the care and possession of the child (here set out the\narrangements).\nMy full name, address and nationality is\nand I am making this application as *\n\nSignature of Applicant----------------------------\n\nDate-----------------------------\n*Insert capacity, i.e. parent, guardian or person concerned in making arrangements for\nthe adoption.\n\nForm 2\nAdoption of Children Act (2021 Revision)\n\nPage 58\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN (TRANSFER ABROAD) RULES\n(2021 Revision)\nForm 2\n (Rule 5)\nForm of notice of hearing\nTo the applicant for a licence under section 23 of the Adoption of Children Act (2021\nRevision) (to the child to whom the application relates); and to any person who is a parent\nor guardian of the child, or who has the actual custody of the child, or who is liable to\ncontribute to the support of the child and to the Board:\nTake notice that an application by for a licence\nunder section 23 of the Adoption of Children Act (2021 Revision) authorising the care and\npossession of for whose adoption arrangements\nhave been made to be transferred to a citizen of a scheduled country listed in the Fifth\nSchedule to this Act resident outside the Islands at\n , will be heard at Court on\nday, the day of , 20 ,\nat the hour of in the fore\/after noon, and further take notice that you may attend\nthe hearing of the said application, and may, if you wish, either support or oppose the\ngranting of a licence.\n\nDated the day of , 20 .\n\n-----------------------------------\nClerk of the Court\n\nAdoption of Children Act (2021 Revision)\nForm 3\n\nc\nRevised as at 31st December, 2020\nPage 59\n\nADOPTION OF CHILDREN (TRANSFER ABROAD) RULES\n(2021 Revision)\nForm 3\n (Rule 7)\nForm of notice requiring production of child at the hearing of an\napplication\nTo the person having the actual custody of the child in respect of whom an application for\na licence under section 23 of the Adoption of Children Act (2021 Revision) is to be made:\nTake notice that you are required to produce a child in your\ncustody, at the hearing at Court on day,\nthe day of 20 , at in the\nfore\/after noon in respect of an application by for a licence under\nsection 23 of the Adoption of Children Act (2021 Revision) authorising the care and\npossession of the said child for whose adoption arrangements have been made to be\ntransferred to , a citizen of a scheduled country listed in the\nFifth\nSchedule\nto\nthis\nAct,\nresident\noutside\nthe\nIslands\nat\n.\nDated the day of 20 .\n\n------------------------------\nClerk of the Court\n\nForm 4\nAdoption of Children Act (2021 Revision)\n\nPage 60\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN (TRANSFER ABROAD) RULES\n(2021 Revision)\nForm 4\n (Rule 8(2))\nForm of Declaration of Service\nI, of hereby declare that I did\non the day of , 20 , serve of\n with a copy of the notice of application for a licence under\nsection 23 of the Adoption of Children Act (2021 Revision) in respect of the child named\nand of the notice of hearing on the said application at Court on the day\nof , 20 , at the hour of in the fore\/after noon (*and a notice requiring the\nproduction of the said child at the said hearing) by -\n(i)\ndelivering the said document(s) to personally;\n(ii) sending the said document(s) by registered post to\n at being that person\u2019s last\nknown or usual place of abode.\nDeclared before me the day of , 20 .\n\n-----------------------------------\nJustice of the Peace\n*Strike out words which do not apply\n\nAdoption of Children Act (2021 Revision)\nForm 5\n\nc\nRevised as at 31st December, 2020\nPage 61\n\nADOPTION OF CHILDREN (TRANSFER ABROAD) RULES\n(2021 Revision)\nForm 5\n (Rule 9)\nForm of consent to the making of an application\n*Strike out words which do not apply\nI, of\nbeing *the father, mother, guardian, person having the actual custody, a person liable to\ncontribute to the support of the child named with respect to whom the\napplication is to be made at Court by on\nthe day\nof , 20 , for the grant of a licence under section 23 of the Adoption of\nChildren Act (2021 Revision), authorising the care and possession of the said child for\nwhose adoption arrangements have been made to be transferred to ,\na citizen of a scheduled country listed in the Fifth Schedule to this Act, resident outside the\nIslands at\n , do hereby declare that I consent to the\nmaking of the said application.\nIn witness whereof I have signed this consent on the day of\n, 20 .\n\n-------------------------------------\nSignature\nBefore\n\n-------------------------------------\nJustice of the Peace\n\nForm 6\nAdoption of Children Act (2021 Revision)\n\nPage 62\nRevised as at 31st December, 2020\nc\n\nADOPTION OF CHILDREN (TRANSFER ABROAD) RULES\n(2021 Revision)\nForm 6\n (Rule 11)\nForm of Licence\n\nWHEREAS application has been made this day of ,20 , by\n of , for a licence\nunder section 23 of the Adoption of Children Act (2021 Revision) to authorise the care and\npossession of , a child aged years, born as far as\ncan be ascertained on the day of , 20 , to be\ntransferred to a citizen of a scheduled country listed in the Fifth\nSchedule to this Act, resident outside the Islands, that is to say at\nAND WHEREAS I, the undersigned, have heard the said application and am satisfied that\nif the consents required by the said section have been given or dispensed with, and am\nfurther satisfied by the report of that the aforesaid is\na suitable person to be entrusted with the care and possession of the said child, and that the\ntransfer is likely to be for the welfare of the said child:\nAND WHEREAS I am further satisfied that the aforesaid application is made in connection\nwith arrangements which have been made for the adoption of the said child by\n of :\nNOW, THEREFORE I, the undersigned, do hereby grant, subject to the conditions and\nrestrictions set out in the Appendix hereto, this licence authorising the care and possession\nof the said to be transferred to the said and\nI do hereby authorise the making and receipt of payments as follows-\n\n-------------------------------------\nJudge of the Grand Court\n\nAdoption of Children Act (2021 Revision)\nForm 6\n\nc\nRevised as at 31st December, 2020\nPage 63\n\nAPPENDIX\nThe conditions and restrictions referred to above are \u2014\n\nFOURTH SCHEDULE\nAdoption of Children Act (2021 Revision)\n\nPage 64\nRevised as at 31st December, 2020\nc\n\nFOURTH SCHEDULE\n(Section 24(2))\nADOPTED CHILDREN REGISTER\n(1)\nNo.\nof\nentry\n(2)\nDate\nof\nentry\n(3)\nName of\nadopted\nchild\n(enter\nname as\nstated in\nAdoption\nOrder)\n(4)\nSex of\nadopted\nchild (enter\nsex as\nstated in\nAdoption\nOrder)\n(5)\nName and\nsurname,\naddress and\noccupation of\nadopter or\nadopters\n(enter name,\naddress and\noccupation as\nstated in\nAdoption\nOrder)\n(6)\nDate of\nbirth of\nchild and\ncountry\nof birth\n(7)\nDate of\nAdoption\nOrder and\ndescription of\ncourt by\nwhich made\n(entry to be\nmade as\nappearing in\nthe Adoption\nOrder)\n(8)\nSignature\nof officer\ndeputed by\nRegistrar\nto attest\nthe entry\n\nAdoption of Children Act (2021 Revision)\nFIFTH SCHEDULE\n\nc\nRevised as at 31st December, 2020\nPage 65\n\nFIFTH SCHEDULE\n(Section 23)\nLISTED COUNTRIES\nCommonwealth Countries\nUnited States of America\nSwitzerland\n\nPublication in consolidated and revised form authorised by the Cabinet this 5th day\nof January, 2021.\nKim Bullings\nClerk of the Cabinet\n\nNotes (not forming part of this Act):\n\nl. No decision, act or proceedings of the Adoption Board in purported compliance\nwith the Adoption of Children Law (1996 Revision) from 8th July, 1999 to 1st January,\n2002 shall be invalid by reason only that there was a defect in the appointment of the\nBoard or of a person purporting to be a member of the Board. (See s.2 of Adoption\n(Validation) Law, 2002 [Law 14 of 2002]).\n\n2. Any proceeding before the court or any matter being dealt with by the Board before\nthe 3rd of October, 2002 relating to a child of the age of sixteen years or under which\nhas not been wholly completed by the 3rd of October, 2002 is to be taken to be a\nproceeding or matter to be dealt with under this Revision and the provisions of this\nRevision shall apply accordingly. (See s.3 of the Adoption (Amendment) Law, 2002\n[Law 16 of 2002])\n\nAdoption of Children Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 67\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n56\/2020 Citation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n7\/2013 Adoption of Children Law, 2013 (part)\n8-Oct-2014\nGE41\/2013\/s1\n\n36\/2020 Adoption of Children (Amendment) Law, 2020\n4-Sep-2020\nLG64\/2020\/s2\n\n35\/2020 Civil Partnership Act, 2020\n4-Sep-2020\nLG64\/2020\/s1\n\n Adoption of Children Law (2003 Revision)\n2-Jun-2003\nG11\/2003\/s1\n\n16\/2002 Adoption (Amendment) Law, 2002\n3-Oct-2002\nGE34\/2002\/s1\n\n14\/2002 Adoption (Validation) Law, 2002\n12-Aug-2002\nG16\/2002\/s4\n\n Adoption of Children Law (1996 Revision)\n1-Apr-1996\nG7\/1996\/s1\n\n19\/1991 Adoption of Children (Amendment) Law, 1991\n6-Nov-1991\nGE6.Nov\/1991\/s4\n\n27\/1977 Age of Majority Law, 1977\n19-Dec-1977\nG26\/1977\/s5\n\n14\/1968 Adoption of Children (Amendment) Law, 1968\n12-Aug-1968\nGN No. 100 of 1968\n\n42\/1967 Adoption of Children Law, 1967\n2-Jan-1968\nGN No. 153 of 1967\n\nENDNOTES\nAdoption of Children Act (2021 Revision)\n\nPage 68\nRevised as at 31st December, 2020\nc\n\n(Price: $13.60)","akn_extracted_at":"2026-06-22 15:30:13.190387+00","cms_id":"1967-0042","law_type":"principal","year":"1967","number":"42","title":"Adoption of Children Act","status":"in_force"},"provenance":{"files":[{"file_id":"5297","expr_id":"392","kind":"akn_xml","filename":"1967-0042_2021 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1967\/1967-0042\/1967-0042_2021 Revision.akn.xml","content_md5":"34bbac1590a316e483b30a411283fa7d","byte_size":"99666","http_last_modified":null,"fetched_at":"2026-06-22 15:30:13.889348+00"},{"file_id":"783","expr_id":"392","kind":"pristine_pdf","filename":"1967-0042_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1967\/1967-0042\/1967-0042_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1967\/1967-0042\/1967-0042_2021 Revision.pdf","content_md5":"46f99ada781d79297844b5301c49df25","byte_size":"1226776","http_last_modified":null,"fetched_at":"2026-06-21 23:09:33.608474+00"},{"file_id":"784","expr_id":"392","kind":"working_pdf","filename":"1967-0042_2021 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1967\/1967-0042\/1967-0042_2021 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1967\/1967-0042\/1967-0042_2021 Revision.pdf","content_md5":"46f99ada781d79297844b5301c49df25","byte_size":"1226776","http_last_modified":null,"fetched_at":"2026-06-21 23:09:33.608474+00"}],"paragraph_count":18,"latest_history":null},"quality":{"expr_id":"392","doc_id":"392","quality_state":"needs_review","quality_score":"64","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,paragraph_numbering_problem}","llm_categories":"{other}","repair_actions":"{collapse_duplicate_text,manual_review,rebuild_paragraphs,strip_page_furniture}","finding_severity_counts":"{\"medium\": 1}","finding_summary":"Sample shows mostly clean extraction but contains an apparent OCR\/header noise fragment requiring review.","assessed_at":"2026-06-22 15:29:44.853211+00","updated_at":"2026-06-22 15:29:44.853211+00"}}