Adoption (Jersey) Law 1965

Jersey Law 10/1965 ADOPTION (JERSEY) LAW, 1965 ____________ A LAW to provide for effect to be given to certain adoption orders made outside the Island and for purposes connected therewith, sanctioned by Order of Her Majesty in Council of the 4th day of MAY, 1965. ____________ ( Registered on the 25 th day of June , 1965). ____________ STATES OF JERSEY. ____________ The 23rd day of February, 1965 ____________ T HE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law : - ARTICLE 1 EXTENSION OF ENACTMENTS REFERRING TO ADOPTION (1) Any provision, however expressed, in any enactment passed before the commencement of this Law under which a person adopted in pursuance of an adoption order is for any purpose treated as the child of the adopter, or any other relationship is deduced by reference to such an order, shall have effect, as respects anything done or any event occurring after the commencement of this Law, if it extends only to adoptions in pursuance of orders made in the Island, as extending also to adoptions in pursuance of orders made, whether before or after the commencement of this Law, in the United Kingdom, the Isle of Man or the Bailiwick of Guernsey, and paragraph (7) of Article 15 of the Adoption (Jersey) Law, 1961, as amended 1 (hereinafter referred to as “the Law of 1961”), shall extend to any such order as is mentioned in this paragraph. (2) An order authorizing adoption made outside the Island after the commencement of this Law shall also have the same effect as an adoption order for the purposes of paragraph (2) of Article 13 and Articles 14 and 20 of the Law of 1961, 2 if the order is made in the United Kingdom, the Isle of Man or the Bailiwick of Guernsey. (3) Where a person adopted in pursuance of an order made, whether before or after the commencement of this Law, in the United Kingdom, the Isle of Man or the Bailiwick of Guernsey has subsequently become a legitimated person, and the order is then revoked, the revocation shall not affect the operation of Article 15 of the Law of 1961 1 as extended by paragraph (1) of this Article in relation to an intestacy which occurred, or a disposition which was made, before the revocation. (4) Any such provision as is mentioned in paragraph (1) of this Article which, by virtue of paragraph (3) of Article 32 of the Law of 1961, 3 applies in relation to orders under that Article shall, as respects anything done after the commencement of this Law, apply also in relation to similar orders made, whether before or after the commencement of this Law, in the United Kingdom, the Isle of Man or the Bailiwick of Guernsey, and shall be construed accordingly, and any such order made after the commencement of this Law shall also have the same effect as an adoption order for the purposes of the provisions mentioned in paragraph (2) of this Article. ARTICLE 2 EVIDENCE OF ADOPTIONS ETC Any document which, under a provision of any enactment of the United Kingdom, the Isle of Man or the Bailiwick of Guernsey corresponding to paragraph (2) of Article 16 of the Law of 1961, 4 is receivable as evidence of any matter in any part of the United Kingdom, the Isle of Man or the Bailiwick of Guernsey, as the case may be, shall be so receivable in the Island. ARTICLE 3 REGISTRATION OF ADOPTIONS OUTSIDE JERSEY (1) Where the Superintendent-Registrar is notified by the authority maintaining a register of adoptions in the United Kingdom, the Isle of Man or the Bailiwick of Guernsey that an order has been made in that country authorizing the adoption of an infant to whom an entry in the Registers of Births or the Adopted Children Register relates, he shall cause the entry to be marked with the words “Adopted” or “Re-adopted”, as the case may require, followed by the name, in brackets, of the country in which the order was made. (2) Where, after an entry has been so marked, the Superintendent-Registrar is notified as aforesaid that the order has been quashed, that an appeal against the order has been allowed or that the order has been revoked, he shall cause the marking to be cancelled, and a copy or extract of an entry in any register, being an entry the marking of which is cancelled under this paragraph, shall be deemed to be an accurate copy or extract if and only if both the marking and the cancellation are omitted therefrom. (3) The preceding provisions of this Article shall apply in relation to orders corresponding to orders under Article 32 of the Law of 1961 5 as they apply in relation to orders authorizing the adoption of an infant : Provided that any marking of an entry required by virtue of this paragraph shall consist of the word “Provisionally” followed by the words mentioned in paragraph (1) of this Article. (4) Without prejudice to paragraphs (2) and (3) of this Article, where, after an entry in the Registers of Births has been marked in accordance with this Article, the birth is re-registered under Article 17B of the “Loi (1842) sur l’Etat Civil”, as amended, 6 the entry on the re-registration shall be marked in the like manner. ARTICLE 4 SHORT TITLE AND CONSTRUCTION (1) This Law may be cited as the Adoption (Jersey) Law, 1965, and shall be construed as one with the Law of 1961. (2) This Law and the Adoption (Jersey) Laws, 1961 and 1963, may be cited together as the Adoption (Jersey) Laws, 1961 to 1965. A.D. L E BROCQ, Greffier of the States. 1 Page 103 de ce volume. 2 Tome 1961–1962, pages 373, 374 et 379. 3 Tome 1961–1962, page 385. 4 Tome 1961–1962, page 375. 5 Tome 1961–1962, page 385. 6 Tome 1949–1950, page 611.