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BERMUDA

ADOPTION OF CHILDREN RULES 2013

BR 94 / 2013

WHEREAS an application has been made under [rule 5] [rule 6] [rule 7] by [name of Applicant] [name of First Applicant] and [name of Second Applicant] of [address] in respect of [name of child] of [address] born on [date], a child of the [blank] sex;

THE COURT HEREBY APPOINTS, pursuant to section 61(2) of the Adoption of Children Act 2006, the Minister responsible for child and family services to act as guardian ad litem of the child upon the hearing of the application and any related proceedings, with the duty of safeguarding the welfare of the child before the court.

Dated the [blank] day of [month] [year].

[signature] Magistrate and Chairman The Special Court

FORM 4 (rule 11) BERMUDA IN THE MAGISTRATES’ COURT SPECIAL COURT JURISDICTION NOTICE TO APPLICANT OF [HEARING] [ADJOURNED HEARING] OF AN APPLICATION FOR [AN ADOPTION ORDER] [APPROVAL TO BRING A CHILD INTO BERMUDA FOR ADOPTION] [AN ORDER TO TRANSFER A CHILD OUT OF BERMUDA FOR ADOPTION] [Name of Applicant] [Address of Applicant] I HEREBY GIVE NOTICE THAT—

(1) your application for [an adoption order] [court approval to bring a child into Bermuda for the purpose of adoption] [an order to transfer the care and custody of a child to a person resident outside of Bermuda for the purpose of adoption by that person] in respect of [name of child] of [address] born on [date] will be [heard] [further heard] before the Special Court sitting at [address], Hamilton, Bermuda HM [blank] at [blank] o’clock on [date];

(2) your attendance is required;

(3) the attendance of [name of child] is required so that the court can inquire into the child’s capacity to understand and appreciate the nature of the application, consider the child’s views if they can be reasonably ascertained, and where it is practical to do so, give the child the opportunity to be heard;

(4) the Minister responsible for child and family services has been appointed, pursuant to section 61(2) of the Adoption of Children Act 2006, to act as guardian ad litem of the child upon the hearing of the application and any related proceedings, with the duty of safeguarding the welfare of the child before the court. Dated the [blank] day of [month] [year]

ADOPTION OF CHILDREN RULES 2013

[signature] Magistrate and Chairman The Special Court

FORM 5 (rule 12) BERMUDA IN THE MAGISTRATES’ COURT SPECIAL COURT JURISDICTION NOTICE TO RESPONDENT OF [HEARING] [ADJOURNED HEARING] OF AN APPLICATION FOR [AN ADOPTION ORDER] [APPROVAL TO BRING A CHILD INTO BERMUDA FOR ADOPTION] [AN ORDER TO TRANSFER A CHILD OUT OF BERMUDA FOR ADOPTION] [Name of Respondent] [Address of Respondent] I HEREBY GIVE NOTICE THAT—

(1) an application has been made in respect of [name of child] of [address of child] by [name of Applicant] of [address] [name of First Applicant] and [name of Second Applicant] of [address] for [an adoption order] [court approval to bring the child into Bermuda for the purpose of adoption] [an order to transfer the care and custody of the child from Bermuda to a person resident outside Bermuda for the purpose of adoption by that person];

(2) the application will be [heard] [further heard] before the Special Court sitting at [address], Hamilton, Bermuda HM [blank] at [blank] o’clock on [date];

(3) the Minister responsible for child and family services has been appointed, pursuant to section 61(2) of the Adoption of Children Act 2006, to act as guardian ad litem of the child upon the hearing of the application and any related proceedings, with the duty of safeguarding the welfare of the child before the court;

(4) you may then appear and be heard on the question of whether an [adoption order] [approval] [transfer order] should be made; OR (the following where the previous identity or parentage of the child is intended to be kept secret in respect of an adoption order or a transfer order) I HERBY GIVE NOTICE THAT—

(1) an application has been made in respect of [name of child] of [address] by [name of Applicant] of [address] [name of First Applicant] and [name of Second Applicant] of [address] for [an adoption order] [an order to transfer the care and custody of the child from Bermuda to a person resident outside Bermuda for the purpose of adoption by that person];

(2) the application will be [heard] [further heard] before the Special Court sitting at [address], Hamilton, Bermuda HM [blank];

(3) the Minister responsible for child and family services has been appointed, pursuant to section 61(2) of the Adoption of Children Act 2006, to act as guardian ad litem of

ADOPTION OF CHILDREN RULES 2013

the child upon the hearing of the application and any related proceedings, with the duty of safeguarding the welfare of the child before the court;

(4) the previous identity or the parentage of the child is intended to be kept secret;

(5) if you wish to appear and be heard, you must write to the Special Court at [address], Hamilton, Bermuda HM [blank] on or before [date] in order that a time may be fixed for you to appear and be heard on the question of whether an [adoption order] [transfer order] should be made. Dated the [blank] day of [month] [year] [signature] Magistrate and Chairman The Special Court

FORM 6 (rule 14) BERMUDA IN THE MAGISTRATES’ COURT SPECIAL COURT JURISDICTION REPLY BY RESPONDENT TO NOTICE OF HEARING OF [AN ADOPTION ORDER] [APPROVAL TO BRING A CHILD INTO BERMUDA FOR ADOPTION] [AN ORDER TO TRANSFER A CHILD OUT OF BERMUDA FOR ADOPTION] [Name of Respondent] [Address of Respondent] An application has been made in respect of [name of child] of [address] born on [date] by [name of Applicant] of [address] [name of First Applicant] and [name of Second Applicant] of [address] for [an adoption order] [court approval to bring the child into Bermuda for the purpose of adoption] [an order to transfer the care and custody of the child from Bermuda to a person resident outside Bermuda for the purpose of adoption by that person]. The application will be heard before the Special Court sitting at [address], Hamilton, Bermuda HM [blank] at [blank] o’clock on [date] and a notice was sent to you on [date]; This Reply Form is to be completed by you and returned as soon as practicable to The Magistrate and Chairman, The Special Court, [address] Hamilton, Bermuda HM [blank]. Please answer ‘yes’ or ‘no’ to the following questions— Yes No

(1) Have you received notice of the hearing of the application for an [adoption order] [approval to bring the child into Bermuda for the purpose of adoption] [order to transfer the care and custody of a child to a resident outside Bermuda for the purpose of adoption by that person]?

(2) Do you wish to oppose the application?

(3) Do you wish to appear and be heard on the question whether an [adoption order] [approval] [transfer] should be made?

ADOPTION OF CHILDREN RULES 2013

Dated the [blank] day of [month] [year] [signature] Respondent: Date: [signature] Magistrate and Chairman The Special Court

FORM 7 (rule 20) BERMUDA IN THE MAGISTRATES’ COURT SPECIAL COURT JURISDICTION FORM OF [AN ADOPTION ORDER] [APPROVAL TO BRING A CHILD INTO BERMUDA FOR ADOPTION] [AN ORDER TO TRANSFER A CHILD OUT OF BERMUDA FOR ADOPTION] BEFORE [name], Magistrate and Chairman, and [name] and [name], members sitting as a Special Court at [address], Hamilton, Bermuda HM [blank]: WHEREAS an application dated [date] was made by [name of applicant] of [address] (hereinafter referred to as the “Applicant”) for an adoption order in respect of [name of child] of [address], a child of the [blank] sex (hereinafter referred to as the “child”); OR WHEREAS a joint application dated [date] was made by [name] of [address] (hereinafter referred to as the “First Applicant”) and [name] of [address] (hereinafter referred to as the “Second Applicant”) for an adoption order in respect of [name of child] of [address], a child of the [blank] sex (hereinafter referred to as the “child”); OR WHEREAS an application dated [date] was made by [name] of [address] (hereinafter referred to as the “Applicant”) for court approval to bring [name of child] of [address], a child of the [blank] sex (hereinafter referred to as the “child”) to Bermuda for the purpose of adoption by the Applicant; OR WHEREAS an application dated [date] was made by [name] of [address] (hereinafter referred to as the “Applicant”) for an order to transfer the care and custody of [name of child] of [address], a child of the [blank] sex (hereinafter referred to as the “child”) to [name] of [address], a person resident outside of Bermuda for the purpose of adoption by that person (hereinafter referred to as the “proposed adopter overseas”); Part 1 Facts Relating to the [Applicant] [First and Second Applicants] AND WHEREAS the following facts relating to the [Applicant] [First and Second Applicants] have been proved to the satisfaction of the Court— A that the Applicant [First Applicant]—

ADOPTION OF CHILDREN RULES 2013

1 was born in [country or territory] on [date];

2 has attained the age of 18 years, having been born in [country or territory] on [date];

3 is a resident of [country or territory] residing at [address];

4 was registered in the Adopters Register on [date], and has been so registered since that day for a period of at least three months immediately preceding the date of the application;

5 is the [husband] [wife] of the Second Applicant;

6 has lived with the Second Applicant for a continuous period of not less than one year immediately before an application was made;

7 is a relative of the child, namely a [state relationship];

8 is a relative of the child, namely a [state relationship], and made an application to jointly become a parent of the child with the child’s [mother] [father] [guardian];

9 is the child’s [step-mother] [step-father];

10 has been given information about the medical and social history of the child’s biological family;

11 has been the subject of a home study conducted by the [Director] [name of public authority or accredited body] of [address], and based on a home study report, was given approval for a child to be placed in his home;

12 has entered into a binding agreement of continuing contact with the [mother] [father] [guardian] of the child;

13 has been granted permission by the Director to place the child with the proposed adopter overseas for the purpose of adoption upon the following criteria or conditions, namely [blank]: B that the Second Applicant—

1 was born in [country or territory] on [date];

2 has attained the age of 18 years, having been born in [country or territory] on [date];

3 is a resident of [country or territory] residing at [address];

4 was registered in the Adopters Register on [date], and has been so registered since that day for a period of at least three months immediately preceding the application;

5 is a relative of the child, namely a [state relationship];

6 is the [husband] [wife] of the First Applicant;

7 has been given information about the medical and social history of the child’s biological family;

8 has entered into a binding agreement of continuing contact with the [mother] [father] [guardian] of the child. Part 2 Facts Relating to the Parents or Guardian of the Child

ADOPTION OF CHILDREN RULES 2013

AND WHEREAS the following facts relating to the parents or guardian of the child have been proved to the satisfaction of the Court— C that the mother of the child—

1 is [name] (hereinafter referred to as the “mother”);

2 was born in [country or territory] on [date];

3 is a resident of [country or territory] residing at [address];

4 provided information about the medical and social history of the child’s biological family;

5 received notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside of Bermuda for the purpose of adoption by that person];

6 did not receive notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside of Bermuda for the purpose of adoption by that person], as notice was dispensed with by the court on [date], the court having been satisfied that [blank]; D that the father of the child—

1 is [name] (hereinafter referred to as the “father”);

2 no person has been named or registered as the father of the child and that under section 18I of the Children Act 1998 there is a presumption of paternity and it is recognized in law that the father of the child is [name] (hereinafter referred to as the “father”);

3 no person has been named or registered as the father of the child and that under section 18I of the Children Act 1998 there are presumptions of paternity and no person is recognized in law to be the child’s father;

4 was born in [country or territory] on [date];

5 is a resident of [country or territory] residing at [address];

6 provided information about the medical and social history of the child’s biological family;

7 received notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside of Bermuda for the purpose of adoption by that person];

8 did not receive notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside of Bermuda for the purpose of adoption by that person], as notice was dispensed with by the court on [date], the court having been satisfied that [blank]; E that the guardian of the child—

1 is [name] (hereinafter referred to as the “guardian”);

2 was born in [country or territory] on [date];

ADOPTION OF CHILDREN RULES 2013

3 is a resident of [country or territory] residing at [address];

4 was appointed guardian under a [deed] [will] [court order] made on [date] in [country or territory];

5 provided information about the medical and social history of the child’s biological family;

6 received notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside of Bermuda for the purpose of adoption by that person];

7 did not receive notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside of Bermuda for the purpose of adoption by that person], as notice was dispensed with by the court on [date], the court having been satisfied that [blank]; Part 3 Facts Relating to Consent for an Adoption AND WHEREAS the following facts relating to consents for the adoption have been proved to the satisfaction of the Court— F that the mother of the child—

1 was provided with information on adoption;

2 was counselled by a lawyer, prior to giving consent, on the legal effect of giving consent to the adoption and the period for revoking that consent;

3 was counselled by a professional counsellor, prior to giving consent, on the alternatives to adoption, including the feasibility of keeping the child;

4 gave consent for an adoption when the child was at least six weeks old; G that the father of the child—

1 was provided with information on adoption;

2 was counselled by a lawyer, prior to giving consent, on the legal effect of giving consent to the adoption and the period for revoking that consent;

3 was counselled by a professional counsellor, prior to giving consent, on the alternatives to adoption, including the feasibility of keeping the child;

4 gave consent for an adoption when the child was at least 6 weeks old; H that the guardian of the child—

1 was provided with information on adoption;

2 was counselled by a lawyer, prior to giving consent, on the legal effect of giving consent to the adoption and the period for revoking that consent;

3 was counselled by a professional counsellor, prior to giving consent, on the alternatives to adoption, including the feasibility of keeping the child;

4 gave consent for an adoption when the child was at least six weeks old; I that on the hearing of an application made by [name] of [address] dated [date], the court—

ADOPTION OF CHILDREN RULES 2013

1 made an order on [date] dispensing with the consent of the [mother] [father] [guardian] of the child for an adoption on the ground that [she] [he]—

(a) is not capable of giving an informed consent;

(b) reasonable but unsuccessful efforts had been made to locate the [mother] [father] [guardian];

(c) the [mother] [father] [guardian]—

(i) has abandoned or deserted the child;

(ii) has not made reasonable efforts to meet their parental obligations to the child;

(iii) is not capable of caring for the child;]

(d) the following circumstances justify dispensing with the consent, namely [blank];

2 made an order on [date] dispensing with the consent of the child, being 12 years of age or over, on the ground that the child is not capable of giving an informed consent; J that the consent of the mother, father, or guardian of the child was not required because the child was in the continuing custody of the Director pursuant to a care order made under Part 4 of the Children Act 1998, in which case the Director placed the child for adoption because—

1 the child had been in the care of the Director for at least six consecutive months without parental contact;

2 the child had been in the care of the Director for at least three consecutive months without parental contact and the parent or guardian of the child had previously had another child removed from their care pursuant to a care order as a result of their being unable or unwilling to care for that other child;

3 the child had been in the care of the Director for at least twelve consecutive months without parental contact;

4 the parent or guardian of the child is deceased, or otherwise unable or unwilling, within a reasonable period, to care for the child and there is no other relative of the child willing or able to assume the care of the child within a reasonable period; K that on the hearing of an application made by [name] of [address] on [date], the [name of court] of [address], a court of competent jurisdiction in [country or territory] made an order on [date] dispensing with the consent of the [mother] [father] [guardian] [child] under the laws of that country or territory on the grounds that——

1 [blank];

2 [blank];

3 [blank]. (paragraph K is applicable only in respect of an approval to bring a child into Bermuda for adoption) Part 4 Facts Relating to the Child

ADOPTION OF CHILDREN RULES 2013

AND WHEREAS the following facts relating to the child have been proved to the satisfaction of the Court— L that the child—

1 was born in [country or territory] on [probably born on] [date] and is under 18 years of age;

2 is a resident of [country or territory] residing at [address];

3 the birth date of the child, and the identity of that child is that which an entry numbered [blank] in the General Register of Births relates;

4 is not married, and has not been married;

5 was placed with the [Applicant] [First and Second Applicants] for adoption by the [Director] [Mother] [Father] [Guardian] on [date];

6 had been placed with the [Applicant] [First and Second Applicants] at least three months prior to the application for an adoption order being made;

7 was in the care and custody of [name] of [address] before [he] [she] was placed with the [Applicant] [First and Second Applicants] for adoption;

8 was in the continuing custody of the Director under a care order made under Part 4 of the Children Act 1998 by [court] of [address] on [date];

9 the court inquired into the child’s capacity to understand and appreciate the nature of the application, considered that the child’s views could be reasonably ascertained, and gave the child the opportunity to be heard. Part 5 Facts Relating to Maintenance and Access to the Child AND WHEREAS the following facts relating to the maintenance of and access to the child have been proved to the satisfaction of the Court— M that—

1 a court order in respect of maintenance of the child was made on [date] by [name of court] of [address] against [name] of [address] and is in force at the date of this order;

2 an agreement in respect of maintenance of a child was made on [date] between [name] of [address] and [name] of [address] against [name] of [address] and is in effect at the date of this order;

3 arrears in the amount of [$] are due under the court order or agreement for maintenance;

4 a court order in respect of access to the child was made on [date] by [name of court] of [address] in favour of [name] of [address] and is in force at the date of this order;

5 an agreement in respect of access to the child was made on [date] between [name] of [address] and [name] of [address] in favour of [name] of [address] and is in effect at the date of this order. Part 6 Facts Relating to a Child to be Brought into Bermuda for Adoption

ADOPTION OF CHILDREN RULES 2013

AND WHEREAS the following facts relating to a child to be brought into Bermuda for the purpose of placement leading to adoption have been proved to the satisfaction of the Court— N that—

1 pursuant to section 47(2)(e) of the Act, approval was granted by [name of court] of [address] under the laws of the country or territory in which the child resides for the child to be transferred to Bermuda for the purpose of adoption;

2 [name of public authority or accredited body] of [address] provided assistance with respect to the placement of the child. Part 7 Facts Relating to the Proposed Adopter Overseas AND WHEREAS the following facts relating to the transfer of the care and custody of a child from Bermuda to a person resident outside Bermuda for the purpose of adoption by that person (“proposed adopter overseas”) have been proved to the satisfaction of the court— O that—

1 the Director has granted permission for the child to be placed with the proposed adopter overseas;

2 [name of public authority or accredited body] of [address] provided assistance with the placement of the child; P that the proposed adopter overseas—

1 has attained the age of 18 years, having been born in [country or territory] on [date];

2 is a resident of [country or territory] residing at [address];

3 was registered in the Adopters Register on [date], and has been so registered since that day for a period of at least three months immediately preceding an application for a transfer order;

4 is a relative of the child, namely a [state relationship];

5 is a relative of the child, namely a [state relationship], and intends to become an adoptive parent jointly with the child’s [mother] [father] [guardian] so that the child has a mother and a father;

6 has been given information about the medical and social history of the child’s biological family;

7 has been the subject of a home study conducted by [name of public authority or accredited body] of [address], and based on a home study report, was given approval for a child to be placed in his home;

8 has entered into a binding agreement of continuing contact with the [mother] [father] [guardian] of the child. Part 8 General Matters AND WHEREAS the court is satisfied that— Q 1 notice of the hearing of the application for [an adoption order] [approval to bring a child into Bermuda for adoption] [an order transferring the care and custody

ADOPTION OF CHILDREN RULES 2013

of a child to a person resident outside Bermuda for the purpose of adoption by that person] was served on the following Respondents, namely: [name] of [address];

2 a reply to the notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside Bermuda for the purpose of adoption by that person] was received by the court from the following Respondents indicating that they did not wish to oppose the application and did not wish to be heard on the question whether [an adoption order] [approval] [transfer order] should be made, namely: [name] of [address];

3 a reply to the notice of the hearing of the application for [an adoption order] [approval to bring child into Bermuda for adoption] [an order transferring the care and custody of a child to a person resident outside Bermuda for the purpose of adoption by that person] was not received by the court from the following Respondents, namely: [name] of [address];

4 circumstances existed which made it inexpedient or unnecessary that the [mother] [father] [guardian] [child] [proposed adopter overseas] attend the hearing of the application;

5 the results of a home study report made by the Director [completed] [updated] within the six-month period preceding the date for the hearing of the application has been filed with the court;

6 the child has resided with the applicant for at least three months immediately before the date of the adoption hearing;

7 the post-placement report was completed more than three months before the date of the hearing of the application, and the Applicant has filed with the court a written certificate of the Director [confirming] [modifying] the post placement report;

8 the Director has made a professional assessment concerning the suitability of the placement and the likelihood that the welfare of the child will be satisfactorily provided for in the long term;

9 having had regard for the age and understanding of the child and considering the wishes of the child, the transfer is likely to be in the best interests of the child;

10 the Director has preserved, for the child, information about the medical and social history of his biological family;

11 the Director has recommended that an adoption order should be made;

12 the proposed adopter overseas is a suitable person;

13 it is in the child’s best interests to be adopted by the [Applicant] [First and Second Applicants]. Part 9 Terms of the Order IT IS HEREBY ORDERED that—

ADOPTION OF CHILDREN RULES 2013

R 1 the [Applicant is] [First Applicant and the Second Applicant are jointly] is authorized to adopt the child;

2 the Applicant, being the [step-mother of the child] [step-father of the child] [relative of the child’s mother, father, guardian], is authorized to adopt the child so that the Applicant becomes the parent of the child jointly with the [mother] [father] [guardian] of the child;

3 the following terms and conditions are hereby imposed upon the [Applicant] [First Applicant] [Second Applicant], namely—

(a) [blank];

(b) [blank];

(c) [blank];

4 the names and surname by which the child is to be known is [blank]:

5 (a) the maintenance order relating to the child made by [name of court] of [address] against [name] of [address] ceases to have effect;

(b) the maintenance order relating to the child made by [name of court] of [address] against [name] of [address] ceases to have effect, but without prejudice to the recovery of arrears in the amount of [$] which are due under the order at the date of this adoption order;

6 (a) the agreement for maintenance of the child made between [name] of [address] and [name] of [address] against [name] of [address] ceases to have effect;

(b) the agreement for maintenance of the child made between [name] of [address] and [name] of [address] against [name] of [address] ceases to have effect, but without prejudice to the recovery of arrears in the amount of [$] which are due under the agreement at the date of this adoption order;

7 the order relating to access to the child made by [name of court] of [address] in favour of [name] of [address] [is terminated] [is amended as follows]:

8 the agreement relating to access to the child between [name] of [address] dated [date] in favour of [name] of [address] [is terminated] [is amended as follows];

9 the agreement for continuing contact made between [name of Applicant] [name of First Applicant and Second Applicant] and [name of mother] [name of father] [name of guardian] of the child on [date] has effect;

10 the previous identity or parentage of the child is [open] [to be kept secret];

11 the Registrar-General—

(a) make an entry in the Adopted Children Register recording the adoption;

(b) cause the entry in the General Register of Births to be marked with the word “Adopted”;

(c) include in the entry in the Adopted Children Register that records the adoption date, particulars of the adopted child’s birth;

(d) make a notation in the Adopted Children Register that the previous identity or parentage of the child is [open] [to be kept secret];

ADOPTION OF CHILDREN RULES 2013

12 as regards costs [blank]. This Order is made this [blank] day of [blank] 20 [blank] OR IT IS ORDERED that— S 1 subject to permission being granted under the Bermuda Immigration and Protection Act 1956 for the child to enter Bermuda for the purpose of placement, the applicant is granted approval to bring the child into Bermuda for the purpose of placement subject to the following terms and conditions, namely—

(a) [blank];

(b) [blank];

(c) [blank];

2 as regards costs [blank]. This Order is made this [blank] day of [blank] 20 [blank] OR IT IS ORDERED THAT— T 1 the applicant is authorized to transfer the care and custody of the child to the proposed adopter overseas on the following conditions and restrictions, namely—

(a) that the Director shall, from time to time as he thinks fit, request a written report from the public authority or accredited body assisting with the placement of any on the matters provided for in section 32(3) of the Act;

(b) that the proposed adopter overseas shall serve on the court and the Director a certified copy of the adoption order not later than three months from the date on which the adoption order was made;

(c) [blank].

2 as regards costs [blank]. This Order is made this [blank] day of [blank] 20 [blank]

SCHEDULE

1 No. of entry:

2 Date of entry: [signature] Magistrate and Chairman The Special court

ADOPTION OF CHILDREN RULES 2013

Made this 31st day of October 2013

The Chief Justice