A.D. 1926, Matters (2) An adoption order shall not be made in any case where the sole applicant is a male and the infant in respect of whom the application is made is a female unless the Court is satisfied that there are special circumstances which justify as an exceptional measure the 5 making of an adoption order. (3) An adoption order shall not be made except with the consent of every person who is a parent or guardian of the infant in respect of whom the application is made or has the actual custody of the infant or who 10 is liable to contribute to the support of the infant : Provided that the Court may dispense with any consent required by this section if satisfied that the person whose consent is to be dispensed with has abandoned or deserted the infant or cannot be found or is 15 incapable of giving such consent or being a person liable to contribute to the support of the minor has persistently neglected or refused to contribute to such support. (4) An adoption order shall not be made upon the application of one of two spouses without the consent of 20 the other of them. (5) An adoption order shall not be made in favour of any applicant who is not resident and domiciled in England or Wales or in respect of any infant not so resident. 3. The Court before making an adoption order shall with respect be satisfied to which Court to be satisfied. 25 (a) that every person whose consent is necessary (b) that the order if made will be for the welfare of 4. The Court in an adoption order may impose such A.D. 1926. terms and conditions as the Court may think fit and in particular may require the adopter by bond or otherwise Terms and to make for the adopted child such provision (if any) as 5 in the opinion of the Court is just and expedient. condition of order. 5.—(1) Upon an adoption order being made all rights, Effect of duties, obligations and liabilities of the parent or parents, adoption guardian or guardians of the adopted child, in relation to order. the future custody, maintenance and education of the 10 adopted child, including all rights to appoint a guardian or to consent or give notice of dissent to marriage shall be extinguished, and all such rights, duties, obligations and liabilities shall vest in and be exercisable by and enforceable against the adopter as though the adopted child 15 was a child born to the adopter in lawful wedlock, and in respect of the same matters the adopted child shall stand to the adopter in the position of a child born to the adopter in lawful wedlock: Provided that in any case where two spouses are 20 the adopters such spouses shall in respect of the matters aforesaid stand to each other and to the adopted child in the same relation as they would have stood if they had been the lawful father and mother of the adopted child, and the adopted child shall stand to them respectively 25 in the same relation as a child would have stood to a lawful father and mother respectively. (2) An adoption order shall not deprive the adopted child of any right to or interest in property to which, but for the order, the child would have been entitled 30 under any intestacy, or under any will, settlement or. other disposition, whether occurring or made before or after the making of the adoption order, or confer on the adopted child any right to or interest in property as a child of the adopter, and the expressions child," 35"children" and "issue where used in any instrument disposing of property whether made before or after the making of an adoption order, shall not, unless the contrary intention appears, include an adopted child or children or the issue of an adopted child. 40 6. (1) Upon any application for an adoption order Power to the Court may postpone the determination of the make application and may make an interim order (which interim shall not be an adoption order for the purposes of this orders. A.D. 1926. Act) giving the custody of the infant to the applicant for a period not exceeding two years by way of a probationary period upon such terms as regards provision for the maintenance and education and supervision of the welfare of the infant and otherwise as the Court may 5 think fit. Power to make (2) All such consents as are required to an adoption order shall be necessary to an interim order but subject to a like power on the part of the Court to dispense with any such consent. 10 7. An adoption order may be made in respect of an infant who has already been the subject of an adoption subsequent order, and upon any application for such further adoption order the adopter or adopters under the adoption order last previously made shall, if living, be deemed to be the 15 parent or parents of the infant for all the purposes of this order in respect of infant already subject to an Act. order. Jurisdiction 8. (1) The Court having jurisdiction to make adoption Orders under this Act shall be the High Court and subject to any rules under this section any Court 20 of summary jurisdiction within the jurisdiction of which either the applicant or the infant resides at the date of the application for the adoption order. (2) Rules in regard to any matter to be prescribed under this Act and directing the manner in which 25 applications to the Court are to be made and dealing generally with all matters of procedure and incidental matters arising out of this Act and for carrying this Act into effect shall be made by the Lord Chancellor. Such rules may provide for applications for adoption 30 orders to be heard and determined otherwise than in open Court. (3) For the purpose of any application under this Act and subject to any rules under this section the Court shall appoint some person or body to act as 35 guardian ad litem of the infant upon the hearing of the application with the duty of safeguarding the interests. of the infant before the Court, and where the body so appointed is a local authority the Court may authorise the authority to incur any necessary expenditure, and 40 may direct out of which fund or rate such expenditure is to be defrayed. 9. It shall not be lawful for any adopter except with A.D. 1926. the sanction of the Court to receive any payment or other reward in connexion with the adoption of any Restriction infant under this Act or for any person to make or give ments or to 5 or agree to make or give to the adopter any such payment adoption. or reward. on pay de facto 10. Where at the date of the commencement of this Provisions. Act any infant is in the custody of, and being brought as to up, maintained, and educated by any person or two existing 10 spouses jointly as his, her, or their own child under any adoptions. de facto adoption, and has for a period of not less than two years before such commencement been in such custody, and been so brought up, maintained and educated, the Court may, upon the application of such person or 15 spouses, make an adoption order authorising him, her, or them to adopt the minor without requiring the consent of any parent or guardian of the minor to be obtained, upon being satisfied that in all the circumstances of the case it is just and equitable and for the welfare 20 of the infant that no such consent should be required and that an adoption order should be made. 11. (1) The Registrar-General shall establish and Adopted maintain at the General Registry Office a register to be children called the Adopted Children Register, in which shall be register. 25 made such entries as may be directed to be made therein by adoption orders, but no other entries. (2) Every adoption order shall contain a direction to the Registrar-General to make in the Adopted Children Register an entry recording the adoption in the form 30 set out in the Schedule hereto. 35 (3) If upon any application for an adoption order there is proved to the satisfaction of the Court- (a) the date of the birth of the infant; and the adoption order shall contain a further direction to the Registrar-General to cause such birth, entry or entries in the Registers of Birth, to be marked with the word 40" Adopted," and to include in the entry in the adoption register recording the adoption the date stated in the order of the adopted child's birth in the manner indicated A.D. 1926. (4) The prescribed officer of the Court shall cause every adoption order to be communicated in the prescribed manner to the Registrar-General, and upon receipt of such communication the Registrar-General shall cause compliance to be made with the directions contained in 5 such order in regard both to marking any entry in the Registers of Birth with the word " Adopted," and in regard to making the appropriate entry in the Adopted Children Register. (5) A certified copy of any entry in the Adopted 10 Children Register if purporting to be sealed or stamped with the seal of the General Register Office shall, without any further or other proof of such entry (a) where the entry does not contain any record of the date of the birth of the adopted child 15 (b) where the entry contains a record of the date 25 (6) The Registrar-General shall cause an index of the Adopted Children Register to be made and kept in the General Register Office, and every person shall be entitled to search such index and to have a certified copy of any entry in the Adopted Children Register in 30 all respects upon, and subject to the same terms, conditions and regulations as to payment of fees and otherwise as are applicable under the Births and Deaths Registration Acts, 1836 to 1901, in respect of searches in other indexes kept in the General Register Office, and 35 in respect of the supply from such office of certified copies of entries in the certified copies of the Registers of Births, Deaths and Marriages. (7) The Registrar-General shall, in addition to the Adopted Children Register and the index thereof, keep 40 such other registers and books, and make such entries therein as may be necessary, to record and make traceable the connexion between any entry in the register of |