s.33Licence to send child abroad for adoption
33
Section 33Part 5 — MISCELLANEOUS

Licence to send child abroad for adoption

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

The Grand Court may grant a licence in such form as may be prescribed and, subject to such conditions and restrictions as it 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 prescribed in regulations made under section 32(5) resident outside the Islands, but subject to this section no such licence shall be granted unless the Court is satisfied -
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
by a report of a British consular officer or any other person who appears to the Grand Court to be trustworthy, that the person to whom 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 his age and understanding.
Where the Grand Court grants a licence under subsection (1), it may authorize 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.
Where a parent who has a child in care of the Department does not come forward with a plan for that child within eighteen months, the Grand Court may make an order freeing the child for adoption but the Grand Court may extend the period if -
there is reasonable likelihood of re-unification with the parent; or
the parent has, within that period of eighteen months of the child being placed in care of the Department, made reasonable efforts towards re-unification,
and the Court may in that respect make such other orders as it thinks fit.
The Rules Committee referred to in section 19 of the Grand Court Law (2008 Revision) may make rules with respect to the application for and grant of licences.
In 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 status of the person who appears to have signed such report or deposition.

Cross References

Referenced By