Adoption
Adopting a Child: General Information
This leaflet provides basic information about who can apply to adopt a child, what information the Court needs, and how the Court will handle your application. It is a guide and does not offer advice on whether to adopt a child. It is not a complete statement of the law and does not cover all decisions the Courts may make under the Adoption (Jersey) Law 1961.
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For legal advice, consult a lawyer. Court staff cannot offer legal advice or help you with your legal options
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You must complete the forms yourself. If you need help, you must get legal advice
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This leaflet does not cover adopting children from overseas. For advice on adopting a child from outside the UK, Channel Islands, or Isle of Man, contact Fostering Adoption Jersey at the Children Service (phone: 443970)
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If a child has already been adopted from overseas, you can apply to the Court for a declaration that the adoption is recognized as an overseas adoption
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Step-parents should consider applying for a residence order, which gives parental responsibility, instead of an adoption order. Consult a lawyer for advice
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The Court will consider the child's wishes and feelings about the adoption, taking into account their age and understanding
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A child aged 14 or older must agree in writing to the adoption, unless the Court decides the child cannot give agreement
Individual Applicants:
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You can apply if you live permanently in the British Isles and:
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You are the child's mother or father
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You are a relative of the child and at least 20 years old
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You are not a relative and at least 25 years old
Joint Applicants:
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Two people can apply together if one of them lives permanently in the British Isles and they are:
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Married to each other
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In a civil partnership with each other
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Living together in a long-term relationship (same or different genders), but not related (e.g., not parent, grandparent, sibling, aunt, or uncle)
Married or Civil Partnership Couples:
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A married couple or civil partners can apply together if one of them lives permanently in the British Isles and:
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One of them is the child's mother or father
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One of them is a relative of the child and at least 20 years old, and the other is also at least 20 years old
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Neither is a relative, one is at least 25 years old, and the other is at least 20 years old
Note: "Domicile" means the place where you have your permanent home. If you are unsure if you meet these conditions, seek legal advice.
If you are applying to adopt a child on your own, the Court needs to know that your spouse or civil partner agrees to the adoption. This agreement must be in writing.
However, the Court can proceed without their agreement if:
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They cannot be found
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They are unable to give their agreement
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They are unreasonably withholding their agreement
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The child's welfare, which is the most important consideration, justifies proceeding without their agreement
Child's Residence: The child must have lived with the applicant for at least 3 months before applying for an adoption order. This does not include any time before the child was 6 weeks old.
Notice Requirement: If the applicant is not the child's parent, they must notify the Team Manager at Fostering and Adoption Jersey in writing at least 3 months before applying for the adoption order. The address is:
Le Bas Centre, St Saviour’s Road, St Helier JE2 4RP.
The forms are set out in Schedule I of the Adoption Rules 1962.
Form 1 draft adoption application form
Form 2 notice application adoption order form
Form 4 medical report on health of child form
Form 5 agreement of child subject to adoption order form
Form 5a agreement of spouse or civil partner to an adoption order form
Form 6 consent to an adoption order or a provisional adoption order form
Form 7 notice to respondent further hearing form
Form 8 adoption order or provisional adoption order form
Form 9 adoption order or provisional adoption order 2 form
Form 11 application to receive information for court records
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Application Form: Complete Form 1 and provide 3 copies
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Child's Birth Certificate: If the child was previously adopted, provide a certified copy from the Adopted Children Register
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Marriage/Civil Partnership Certificate: If you are married or in a civil partnership, provide a certified copy
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Medical Reports:
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For the applicants (use Form 3 if needed), unless one applicant is the child's mother or father
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For the child (use Form 4 if needed), unless one applicant is the child's mother or father
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Additional Documents (Depending on Circumstances):
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Placement/Freeing Order: If the child has been placed or freed for adoption by a Court, provide a certified copy
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Dispensing with Consent: If you need to dispense with a parent's or guardian's consent, provide a sworn statement of facts and 3 copies
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Death Certificate: If your spouse or civil partner has died, provide a certified copy
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Divorce/Dissolution Documents: If you are divorced or your civil partnership has been dissolved, provide the relevant decree or order
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Consent to Adoption (Form 6): If signed before the proceedings, file it with Form 1. Follow Rule 6 for attestation
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Previous Court Orders: If you were involved in any proceedings related to the child, provide copies of final orders and any maintenance orders or agreements
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Sibling Orders: Provide copies of any final orders related to the child's siblings
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Spouse/Civil Partner Agreement (Form 5A): Provide their agreement to the adoption
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Adopting Without Spouse/Civil Partner Consent: Indicate this on Form 1, specify the grounds, and provide your marriage/civil partnership certificate and a sworn statement with supporting evidence. If you need to ask the Court to dispense with consent later, submit a written request with reasons and a sworn statement of facts
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Child's Agreement (Form 5): If the child is 14 or older, provide their agreement