Adoption of Infants Act - Subsidiary Legislation

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1. These Rules may be cited as the Adoption of Infants (Magistrates' Courts) Rules.

3. (1) An application for an adoption order shall be in Form No. 1 in the Schedule, and shall be made to a resident or second class magistrate within the jurisdiction of whom the applicant or the infant resides at the date of the application.

(3) The application shall be supported by an affidavit made by the applicant in manner appearing in the said Form No. 1.

(4) Any document signifying the consent of any person to the making of an option order for the purposes of section 5 of the Act shall be in Form No. 2 in the Schedule and, if executed before the commencement of the proceedings, shall be attached to the application.

(5) A document executed outside Fiji signifying consent to the making of an adoption order shall be sufficiently attested for the purposes of subsection (3) of section 5 of the Act if it is attested by any of the following persons: -

(a) any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose;

(d) if the person executing the document is serving in any of the regular armed forces of the Crown, an officer, holding a commission in any of these forces.

4. If it appears to the court that the applicant has made a previous application under the Act in respect of the same infant and that such application has been refused, the court shall not make an adoption order or an interim order unless satisfied that there has been a substantial change in the circumstances.

5. (1) Subject to the provisions of rule 4, the court shall, as soon as practicable after an application is made, appoint a guardian ad litem of the infant and shall furnish him with a copy of the application and of every document referred to therein.

(2) The court may revoke at any time the appointment of a guardian ad litem and may appoint another in his place.

(3) The following persons or bodies shall be made respondents, namely, the infant in respect of whom the application is made, the guardian ad litem of the infant, every person or body who is a parent or guardian of the infant, or has the actual custody of the infant or is liable to contribute to the support of the infant, and the spouse, if any, of the applicant, except in the case of a joint application by two spouses.

(4) As soon as the guardian ad litem has been appointed, the court shall fix a time for the hearing of the application and shall issue a notice in Form No. 3 in the Schedule addressed to the respondents and shall direct the applicant to cause such notice to be served on each of them:

Provided that where the infant is in the actual custody of any person or body such notice need not be served on the infant, but may require such person or body to produce the infant to the court.

6. Any notice under these Rules shall be served upon any respondent to whom it is addressed either by delivering a copy to him personally or by leaving a copy with some person for him at his last or usual place of abode, whether such place or abode is in Fiji or elsewhere:

Provided that where the respondent is a body, the copy shall be sent by registered post to the registered office of that body, or if there is no registered office, to the place where the body transacts or carries on its business.

7. Where the consent of a local authority or other body of persons to the making of an adoption order is necessary under the Act, such consent may be given on its behalf by any officer or agent of that body duly authorised in writing in that behalf by such body.

8. (1) It shall be the duty of the guardian ad litem to investigate as fully as possible all the circumstances of the infant and the applicant, and all other matters relevant to the proposed adoption, with a view to safeguarding the interests of the infant before the court and in particular it shall be his duty to include in his investigation the following questions: -

(a) whether the application is true and complete, particularly as regards the date of birth and the identity of the infant;

(b) whether any payment or other reward in consideration of the adoption has been received or agreed upon and whether it is consistent with the welfare of the infant;

(c) whether the means and status of the applicant are such as to enable him to maintain and bring up the infant suitably, and what right to or interest in property the infant has;

(e) whether it is desirable for the welfare of the infant that the court should be asked to make an interim order or, in making an adoption order, to impose any particular terms or conditions or to require the adopter to make any particular provisions for the infant.

(2) The guardian ad litem shall regard all information obtained by him in the course of his investigation as confidential, and shall not divulge any part of it to any other person except so far as may be necessary for the proper execution of his duty.

(3) On completing his investigations the guardian ad litem shall make a confidential report in writing to the court.

(4) With a view to obtaining the directions of the court on any particular matter, the guardian ad litem may, at any time, make such interim report to the court as appears to him to be necessary.

9. Notwithstanding the provisions of section 17 of the Juveniles Act, in regard to the holding of juvenile court every application under the Act shall be made, heard and determined in camera. (Cap. 56)

10. (1) The court shall not make an adoption order or an interim order except upon or after the personal attendance before the court of the applicant:

Provided that where the application is made by two spouses jointly, the court may dispense with the personal attendance of one of the applicants.

(2) If the applicant has been informed that the personal attendance of the infant at the hearing is required, the court shall not make an adoption order or an interim order unless -

(a) the infant has so attended or the court decides that there are special circumstances making his attendance unnecessary; and

(b) the court is satisfied that the infant has been informed of the nature of the order.

11. The court may direct that any one or more of the respondents shall attend and be heard and examined separately and apart from the applicant or any other respondent, if the court is satisfied that this course is desirable and will not prejudice the determination of any question involved.

12. On any adjournment of the hearing the court may issue to any respondent of in attendance a notice of the time and place to which the hearing is adjourned and may direct the applicant to cause it to be served.

13. If, owing to special circumstances, an application appears to the court to be more fit to be dealt with by the Supreme Court, the court may, on that ground expressly, refuse to make an order.

14. (1) An adoption order or an interim order shall be drawn up in Form No. 4 or No. 5 in the Schedule, 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 Registrar-General except by special direction of the Supreme Court or of the juvenile court by which the order was made.

(3) An interim order may include such terms as regards the exercise of supervision by the guardian ad litem or otherwise as the court may think fit.

15. (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 juvenile court by which the order was made 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 notice in Form No. 6 in the Schedule addressed to the respondents and to direct the applicant to cause such notice to be served on each of them:

Provided that where the infant is in the actual custody of the applicant the notice need not be served on the infant.

(2) Where the applicant so applies, an adoption order shall not be made unless the applicant, the infant and the guardian ad litem have attended the further hearing.

16. The court may make such orders as to costs as it shall think fit, and may direct the costs to be taxed according to such one of the scales of costs applicable to actions in magistrates' courts as it shall determine, and in default of such directions the costs shall be taxed under the second highest of these scales. The court may direct that all the costs of an application under the Act or all or any part of the costs of any party thereto shall be born and paid by the applicant.

17. It shall be the duty of the clerk of the court which makes an adoption order to cause a certified copy or a duplicate of such order to be forwarded within seven days to the Registrar-General; and such copy if sent by post shall be send by registered post.

18. (1) A separate register shall be kept by the court in regard to proceedings under the Act and shall contain the particulars shown in Form No. 7 in the Schedule.

(2) Within seven days of the making of an adoption order the clerk of the court shall send the record of the proceedings and all other documents relating thereto by registered post to the Chief Registrar of the Supreme Court who shall keep them in a place of special security.

(3) A general register shall be kept by the Chief Registrar of the Supreme Court in regard to all proceedings under the Act and shall contain the particulars shown in Form No. 8 in the Schedule.

19. Subject to these Rules, the Magistrates’ Courts Act and the rules made thereunder shall apply to proceedings under the Act, so far as they are practicable.

20. The forms in the Schedule shall be used on applications under the Act, and in any case where no form is included in the Schedule the forms in use in the Magistrates' courts may be adapted with such variations as may be necessary.

To the Resident/Second Class Magistrate's Court at ............................. sitting as a Juvenile Court.

I/We the undersigned ............/and .................... being desirous of adopting .................... an infant under the provisions of the Adoption of Infants Act, hereby state -

1. Name of (first) applicant in full ..................................
Address ...........................................................................
Occupation ......................................................................
Date of birth ....................................................................
Relationship (if any) to infant .........................................
(Name of (second) applicant in full ................................
Address ...........................................................................
Occupation ......................................................................
Date of birth ....................................................................
Relationship (if any) to infant ......................................)

3. I am a widow/widower/unmarried/I am married to ...................... of ...................... /We are married to each other and our marriage certificate (or other evidence of marriage) is attached.

*4. The consent of my husband/wife to the making of an adoption order authorising me to adopt the infant is attached.
(or I request the court to dispense with the consent of my husband/wife on the ground that he/she cannot be found/is incapable of giving his/her consent/we have separated and are living apart and the separation is likely to be permanent.)

6. The infant is of the ............................................................ sex and is not and has not been married.

^†7. The infant is the person to whom the attached birth or adoption certificate relates/the infant was born in ................................. on or about ...................

Address .............................. (or deceased) and name of father .........................

Name .......................................................
Address .......................................................

10. I/We attach a document/documents signifying the consent of the infant's mother/father/guardian to the making of an adoption order me/us to adopt the infant.

11. I/We request the court to dispense with the consent of the infant's mother/father/guardian on the ground that ...................................................................................................................
.........................................................................................................
12. The following person is liable by virtue of an order of a Court or an agreement to contribute to the maintenance of the infant.

Name ....................................................................................................................

Address ......................:..........................................................................................

Name of Court ......................................... Date of order ............................. or Date of agreement .......................................................

13. If an adoption order is made in pursuance of this application the infant is to be known by the following names: -

Surname ..........................................................................................................

Other names ...................................................................................................

14. The infant was received into my/our care and possession the ................. day of ....................., 19...., and has been continuously in my/our care and possession since that date.

15. I have not made/Neither of us has made a previous application for an adoption order in respect of the infant.

(or ......................................... made an application to the .............................. Court
on the ............................ day of .................. 19.....which was dealt with as follows: .....................).

16. I/We have not received or given any reward or payment for, or in consideration of, the adoption of the infant or for giving any consent to the making of the adoption order except as follows:-

17. As far as I/We know, no person or body has taken part in the arrangements for placing the infant in my/our care and possession except:

I/We .............................. of .......................... Fiji and ............................................ jointly and severally make oath and say that the statements contained in the above application and signed by me/us are true to the best of my/our knowledge information and belief.

In the matter of an application to a Juvenile Court by ............... of .................... hereinafter called the applicant, for an order authorising him under the provisions of the Adoption of Infants Act to adopt ..................... an infant of the ........................... sex .................... years of age resident at ........................ hereinafter called the infant.

I, the undersigned, ........................... of............................ being -

(d) a person (acting on behalf of a body) having the actual custody of the infant;

(e) a person (acting on behalf of a body) being liable to contribute to the support of the infant;

hereby state that I understand the nature and effect of the adoption order for which application is made *(and that in particular I understand that the effect of the order will be permanently to deprive me of my parental rights); and I hereby consent to the making of an adoption order in favour of the applicant.

In witness whereof I have signed this consent on the ................... day of ...................., 19....

Note. Where the application is made by two spouses jointly the form should be modified.

In the Court of the Resident/Second Class, Magistrate at ..........................................

To .............................. of .............................. and .................. of .............., etc.

(1) That an application has been made by ................. of .................... for an order under the Adoption of Infants Act, authorising him to adopt ................. an infant of the ............ sex aged ............ years resident at .........................

(2) That .................... of ........................ has been appointed guardian ad litem of the said infant.

(3) That the said application will be heard before the Juvenile Court sitting at ................. on the .................. day of ..................., 19......., at the hour of ........................ in the .................... noon and that you are severally required to attend before the Court (and in the case of ...................... to produce the said infant before the court) but the court may dispose of the case in the absence of any of you.

Note. Where the application is made by two spouses jointly the form should be modified.

In the Court of the Resident/Second Class Magistrate at .................. sitting as a Juvenile Court.

.......................... Applicant(s)
and
.......................... Respondent(s)

WHEREAS an application has been made by ........................ of .................. (hereinafter called the applicant) for an adoption order in respect of ............................ an infant of the ........................... sex the child/adopted child of .......................... (hereinafter called the infant).

AND WHEREAS the name or names and surnames by which the infant is to be known are ..........................

AND WHEREAS the court is satisfied that the applicant is qualified, in accordance with the provisions of the Adoption of Infants Act, to adopt the infant and that all conditions precedent to the making of an adoption order by the court have been fulfilled;

IT IS ORDERED that the applicant be authorised to adopt the infant.
(AND as regards costs IT IS ORDERED that.........................).
(AND the precise date of the infant's birth not having been proved to the satisfaction of the Court IT IS DETERMINED that the probable date of the infant's birth was the ........................ day of............, 19..., and such date is hereby specified as the date of the infant's birth).

AND IT IS DIRECTED that the Registrar-General shall make in the Adopted Children Register an entry in the form set out in the Schedule to the Act recording the particulars set out in the Schedule to this order.

(The country of birth of the infant not having been proved to the satisfaction of the court, the particulars of the country of birth shall be omitted from such entry).

AND it having been proved to the satisfaction of the court that the infant is identical with ....................................................... (to whom the entry numbered ....................... made on .............. day of ............... 19..., in the Register Births relates) (to whom the entry numbered ............... made on the ............... day of ............., 19...., in the Adopted Children Register relates) IT IS DIRECTED that the said entry in the (Register of Births be marked with the word "Adopted") (the Adopted Children Register be marked with the word "Re-adopted") by the Register-General.

(The following payment or reward is sanctioned .................................)

Date and country of birth of child	Name and surname of child	Sex of child	Name and surname, address and occupation of adopter or adopters	Date of adoption order and description of court by which made
2	3	4	5	6

In the Court of the Resident/Second Class Magistrate at ..................... sitting as a Juvenile Court.

............................ Applicant(s)
and
........................ Respondent(s)

WHEREAS an application has been made by ................... of ................ (hereinafter called the applicant) for an adoption order in respect of ............................. an infant of the...............................sex (hereinafter called the infant);

IT IS ORDERED that the determination of the application be postponed and that the applicant do have the custody of the infant until the .................. day of ............., 19...., by way of a probationary period.

(on the following terms, namely: - ...............................................................)
(AND as regards costs IT IS ORDERED that .................................................)
(AND that the application shall be further heard on ..........................................)

In the Court of the Resident/Second Class Magistrate at ..........................

.......................... Applicant(s)
and
.......................... Respondent(s)

To ..................................... of ............................................. and .................. of ................................., etc.

(1)That an application was made by ...................... then of .................... for an order under the Adoption of Infants Act, authorising him to adopt .................... an infant of the ............. sex then aged .......... years.

(2) That .................... of ....................... was appointed guardian ad litem of the said infant.

(3) That the determination of the said application was postponed and an interim order was made by the Juvenile Court sitting at ..................... on the .................. day of .......... 19....

(4) That the said application will be further heard before the Juvenile Court sitting at ......... on the ............... day of ............., 19..., and that it is open to you to attend before the court but the court may dispose of the case in the absence of any of you.

Note. Where the application was made by two spouses jointly the form should be modified.

(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
No.	Date of application	Name and age of applicant(s)	Name, sex and age of infant	Name of guardian ad litem	Names of other respondents	Minute of decisions	Signature of Magistrate and date of hearing

(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
No.	Name, sex and age of infant	Name and age of applicant(s)	Name of guardian ad litem	Names of other respondents	Court which heard application	Date of decision	Minute of decisions

2. (1) An application to the Supreme Court for an adoption order shall be made by originating summons intituled in the matter of the infant and in the matter of the Act.

(2) The originating summons shall ask for the appointment of a guardian ad litem for the purposes of safeguarding the interests of the infant.

(3) The originating summons shall be accompanied by a statement, verified on oath or affirmation, of the particulars required to be stated in Form No. 1 set out in the Schedule to the Adoption of Infants (Magistrates’ Courts) Rules and shall be accompanied also by the documents and copy documents referred to in rule 3 of those Rules.

3. The proposed adopter shall be the applicant, and the following persons shall be made respondents, namely, the infant in respect of whom the application is made, every person or body who is a parent or guardian of the infant or has the actual custody of the infant or is liable to contribute to the support of the infant, and the spouse, if any, of the applicant, except in the case of a joint application by two spouses.

4. All proceedings in the Supreme Court under the Act shall be heard and disposed of by a Judge in Chambers, subject to the power of the Judge to adjourn the proceedings into open court for the purpose of giving judgement or for such other purpose as he may think fit.

5. Within seven days after an adoption order has been passed and entered the Chief Registrar of the Supreme Court shall send an office copy of the order to the Registrar-General.

6. The Chief Registrar of the Supreme Court shall enter the particulars of all adoption orders made by the Supreme Court in the general register for which provision is made by rule 17(3) of the Adoption of Infants (Magistrates’ Courts) Rule.

7. Subject to these Rules, the Adoption of Infants (Magistrates’ Court) Rules, as from time to time amended or replace but with all necessary modifications, shall apply to proceedings in the Supreme Court under the Act.

Fiji Consolidated Legislation

Adoption of Infants Act - Subsidiary Legislation