A BILL [AS AMENDED BY STANDING COMMITTEE A] то Make provision for the adoption of infants. E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: A.D. 1926. 1.-(1) Upon an application in the prescribed manner Power to by any person desirous of being authorised to adopt an make infant who has never been married, the Court may, adoption subject to the provisions of this Act, make an order (in 10 this Act referred to as "an adoption order ") authorising the applicant to adopt that infant. (2) A person so authorised to adopt the infant and an infant authorised to be adopted are in this Act referred to as an adopter" and an "adopted child " respectively, 15 and "infant" means a person under the means a person under the age of twenty-one. 66 (3) Where an application for an adoption order is made by two spouses jointly, the Court may make the order authorising the two spouses jointly to adopt, but save as aforesaid no adoption order shall be made 20 authorising more than one person to adopt an infant. 25 orders. 2.-(1) An adoption order shall not be made in any Restrictions on making adoption case where (a) the applicant is under the age of twenty-five orders. years, or (b) the applicant is less than twenty-one years older 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 or body 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 10 who is liable to contribute to the support of the infant: Provided that the Court may dispense with any consent required by this sub-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 infant 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: Provided that the court may dispense with any consent required by this subsection if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving such consent. (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. 25 3. The Court before making an adoption order shall 30 with respect be satisfied to which Court to be satisfied. (a) that every person whose consent is necessary (b) that the order if made will be for the welfare of 40 5 regard to the age and understanding of the A.D. 1926. (c) that the applicant has not received or agreed 4. The Court in an adoption order may impose such Terms and 10 terms and conditions as the Court may think fit and in condition of particular may require the adopter by bond or otherwise order. to make for the adopted child such provision (if any) as in the opinion of the Court is just and expedient. 5. (1) Upon an adoption order being made all rights, Effect of 15 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 adopted child, including all rights to appoint a guardian or to consent or give notice of dissent to marriage and the 20 right to succeed to the adopted child upon such child dying intestate 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 was a child born to the adopter in 25 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 the adopters such spouses shall in respect of the matters 30 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 in the same relation as a child would have stood to a 35 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 under any will, settlement or other disposition, whether 40 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, except upon the intestacy of the adoptor, and the expressions A.D. 1926, Power to make interim orders. Power to make "child," "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. པ་ 6.-(1) Upon any application for an adoption order the Court may postpone the determination of the application and may make an interim order (which shall not be an adoption order for the purposes of this Act) giving the custody of the infant to the applicant 10 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 think fit. (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. 15 7. An adoption order or an interim order may be 20 made in respect of an infant who has already been the subsequent subject of an adoption 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 parent or parents of the 25 subject to an infant for all the purposes of this Act. order in respect of infant already order. and pro cedure. Jurisdiction 8. (1) The Court having jurisdiction to make adoption orders under this Act shall be the High Court or, at the option of the applicant, and subject to any rules under this section any Court of summary juris- 30 diction 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 35 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 40 orders to be heard and determined otherwise than in open Court, and where the application is made to a court of |