Interim orders.
Adoption
order in
respect of infants previously adopted
particular in the case of any parent understands that the effect of the adoption order will be permanently to deprive him or her of his or her parental rights;
(b) that the order if made will be for the welfare of the infant, due consideration being for this purpose given to the wishes of the infant, having regard to the age and understanding of the infant; 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.
(a) 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 infant such provision (if any) as in the opinion of the Court is just and expedient.
8. (1) Subject to the provisions of this section, the Court may, upon any application for an adoption order, postpone the determination of the application and make an interim order giving the custody of the infant to the applicant for a periul not exceed- ing two years by way of a probationary period upon such terms as regards provision for the maintenance and education and supervision of the welfare of the infant and otherwise as the Court may think fit.
(2) All such consents as are required to an adoption order shall be necessary to 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 shall not be made in any case where the making of an adoption order would be unlawful by virtue of subsection (6) of section 4.
(4) An interim order shall not be deemed to be an adoption order within the meaning of this Ordinance.
9. (1) An adoption order or an interim order may be made in respect of an infant who has already been the subject of an adoption order under this Ordinance.
(2) In relation to an application for an adoption order in respect of such an infant, the adopter or adopters under the previous or last previous adoption order shall be deemed to be the parent or parents of the infant for all the purposes of this Ordinance.
as 10
10. Where at the date of the coming into operation of this Provisions Ordinance any infant is in the custody of, and being brought up. de facto muintained and educated by any person or two spouses jointly adoptions. as his, ber or their own child under any de facto adoption, and has for a continuous period of not less than two years immediately before such commencement been in such custody, and been so brought up, maintained and educated the Court may, upon the application of such person or spouses, and notwithstanding that the applicant is a male and the infant a female, make an adoption order authorizing him, her or them to adopt the infant without requiring the consent of any parent or guardian of the infant to be obtained, upon being satisfied that in all the circumstances of the case it is just and equitable and for the welfare of the infant that no such consent should be required and that an adoption order should be made.
ft. (1) Rules in regard to any matter to be prescribed under Rules, etc. this Ordinance and dealing generally with all matters of procedure and incidental matters arising out of this Ordinance and for carrying this Ordinance into effect shall be made under section 37 of the Supreme Court Ordinance.
(2) Such rules may provide for applications for adoption orders being heard and determined otherwise than in open court.
(3) For the purpose of any application for an adoption order, the Court shall, subject to any rules under this section, appoint some person to act as guardian ad litem of the infant upon the hearing of the application with the duty of safeguarding the interests of the infant before the Court:
Provided that the provisions of this subsection shall not apply to any application made under section 10.
Effects of adoption orders.
(Cap. 4)
Rights and
duties of parents and
12. (1) Upon an adoption order being made, all rights, duties, obligations and abilities of the parents or guardians of the infant in relation to the future custody, maintenance and capacity to education of the infant, including all rights to appoint a guardian
NAITY.
No comments yet.
Private notes are available after approval.