4. Before any adoption is sanctioned the consents A.D. 1924. of the following persons must be obtained :

Persons

(a) The adopter, or in the case of a joint application whose
by husband and wife the adopters;

consents to adoptions

(b) The spouse of the adopter if the adopter is one are to be
of a married couple who are not adopting obtained.
jointly, unless such couple are legally separated;

(c) In the case of a legitimate child its parents or
surviving parent;

(d) In the case of an illegitimate child its mother and,
if he is contributing towards the maintenance
of the child but not otherwise, its father;
(e) In the case of a child, legitimate or illegitimate,
who has no parent living or no parent who
can after reasonable inquiry be found, the
guardian or other person or body or persons
having for the time being the custody and
control of the child;

(f) The child to be adopted if over twelve years
of age: Provided that the judge may dispense
with the consent of the parent of a child in
any case in which such parent cannot be found,
or has abandoned the child, or is incurably
insane, or has been guilty of persistent cruelty
to or neglect of the child, or has been deprived
of the custody of the child by law, or is
bringing up the child in such conditions as
are likely to result in serious detriment to its
moral or physical welfare.

The judge or some suitable and responsible
person acting on his behalf shall in every case
see the child proposed to be adopted, and if
it is of sufficient age or intelligence ascertain
its wishes and consider its inclinations.

5. Unless the judge in his absolute discretion shall Age limit of in any special circumstances think fit to make an adopters. exception, no person shall be allowed to adopt a child less than twenty years younger than himself or herself, and no person shall be accepted as an adopter who is

40 under thirty years of age.

A.D. 1924.

Applications for

6. All applications for the sanction of an adoption and all subsequent applications connected therewith shall be heard in camera. Any person aggrieved by any be heard in order of the court shall be entitled to appeal to the Court of Appeal.

sanction to

camera.

Records.

Registration of adop

tions.

Judge to have power to adjourn application pending inspection and inquiry.

Abrogation of adoptions.

7. Proper records of all applications and orders made under this Act shall be kept under the control of the court, and no person not a party to the proceedings shall have any right to inspect such record without the leave of the judge.

5

10

8. Where an order sanctioning an adoption has been made, official notice thereof shall be sent by the court to the registrar of births for the district in which the birth of the adopted child was originally registered, and the registrar of births shall forthwith make an 15 entry on the register of births to the effect that the child has been adopted under an order of the court by which the order was made. No entry shall be made in the register of births which shall in any way disclose the identity of the adopter.

20

9. The judge may in any case, in lieu of sanctioning a surrender and adoption, adjourn the application for any period not exceeding six months, and may in the meantime permit the child, the subject of the application, to be placed with the proposed adopter during 25 such adjournment, and may cause such inspections and inquiries as he shall think fit to be made respecting the child and its surroundings whilst the child is with the proposed adopter.

10. If for any good cause the adopter or the 30 adopted child after attaining the age of sixteen years, or any relative of or other person interested in the welfare of the child, shall desire that the adoption shall be abrogated, the adopter or the child or such relative or other person may apply to the court for an order 35 abrogating the adoption, and if he shall think fit so to do the judge may make an order to that effect, and as from the date of such order the adopter and the adopted child shall be remitted to their original rights as if no adoption had ever been sanctioned: Provided 40 that where the application is made by the adopter the judge shall, unless he shall think it undesirable

5

so to do, make it a condition of an order abrogating an A.D. 1924. adoption that the adopter shall make some provision

for or otherwise confer some benefit on the adopted child.

11. It shall not be lawful for a child adopted under Prohibition this Act to intermarry with its adoptive parent until of marriage the relationship created by this Act has been abrogated adopter and

under section ten.

between

child.

12. Rules of Court for carrying this Act into effect Rules of 10 and directing the manner in which applications are to Court. be made and records kept, and dealing generally with all matters of procedure and incidental matters connected with any application under this Act, shall from time to time be made

15

20

(a) so far as respects the High Court of Justice or
the Court of Appeal by Rules of Court;

(b) so far as respects county courts by the authority
for the time being having the power to make
rules for regulating the proceedings of the
county court.

13. This Act shall not apply to Scotland or Northern Ireland.

14. This Act may be cited as the Adoption of Short title. Children Act, 1924.

A

BILL

ΤΟ

Make further provision for the adoption of
children by suitable persons.

E it enacted by the King's most Excellent Majesty,

Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

A.D. 1924.

1. The parents or guardians of any child may Adoption of transfer to another person (in this Act referred to children. as "the adopting parent ") their authority and duties in respect of the child (in this Act referred to as "the 10 adopted child"), and upon the approval of the transfer by the court all the authority and duties of the parents or guardians in respect of the adopted child shall be had and be exerciseable by the adopting parent to the exclusion of any other person.

15

2. For the purposes of this Act the court shall be Definitions. the High Court or the county court, and the expression "child means a person under the age of ten years.

3. Provision shall be made by rules of court for Rules of regulating the proceedings upon an application for the court. 20 approval by the court of the transfer, and the rules shall

provide for the hearing of the application in camera if the court thinks fit and the parties to the proceedings consent thereto. The application may be made either by the parents or guardians or by the adopting parent,