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(Section 78)

OATH OF SECRECY

I, , member of the Adoption Committee, do solemnly

and sincerely swear that I will faithfully and honestly fulfil the duties that devolve on me by reason of my membership on the Adoption Committee and that I will not, without due authority, disclose or make known a matter that comes to my knowledge by reason of such membership. So help me God.

AFFIRMATION OF SECRECY

I, , member of the Adoption Committee, do solemnly affirm

and declare that I will faithfully and honestly fulfil the duties that devolve on me by reason of my membership on the Adoption Committee and that I will not, without due authority, disclose or make known a matter that comes to my knowledge by reason of such membership.

CHAPTER 4.07
CHILD (CARE, PROTECTION AND ADOPTION) ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1.	Adoption of Children (High Court) Rules – Section 10

Adoption of Children (High Court) Rules – Section 10

(Statutory Instruments 17/1954 and 22/1954)

Statutory Instrument 17/1954 .. in force 8 May 1954

Amended by S.I. 22/1954

ARRANGEMENT OF RULES

1.	Citation
2.	Interpretation
3.	Application for adoption order
4.	Application to keep identity secret
5.	Previous Application for adoption order
6.	Appointment of tutor ad hoc
7.	Evidence in support of application
8.	Notice of Application
9.	Duties of tutor ad hoc
10.	Hearing of application
11.	Secrecy of proceedings
12.	Form and transmission of orders
13.	Restoration of proceedings after interim order
14.	Amendment of adoption orders
15.	Service of documents
16.	Application under section 5(4) of the Act
17.	Forms
18.	Procedure
Schedule 1
Schedule 2

ADOPTION OF CHILDREN (HIGH COURT) RULES – SECTION 10

Commencement [8 May 1954]

1. Citation

These Rules may be cited as the Adoption of Children (High Court) Rules.

2. Interpretation

In these Rules the following expressions have the meanings hereby assigned to them—

“Act” means the Adoption Act;

“applicant” includes either, as well as both, of 2 joint applicants;

“interim order” means an interim order made under section 8 of the Act.

3. Application for Adoption Order

An Application for an adoption order shall be made by originating summons in Form 1. The proposed adopter is the applicant and the infant is the respondent.

4. Application to keep Identity Secret

If any person proposing to apply to the High Court for an adoption order desires that his or her identity shall be kept confidential, he or she may, before taking out an originating summons, apply to the Registrar of the said Court for a serial number to be assigned to him or her for the purposes of the proposed application and such a number shall be assigned to him or her accordingly.

5. Previous Application for Adoption Order

If it appears that the applicant has previously made an application for an adoption order in respect of the same infant, the application shall not be proceeded with unless the judge is satisfied that there has been a substantial change in the circumstances since the previous application.

6. Appointment of Tutor ad hoc

(1) Subject to the provisions of subrule (2) the Attorney General shall, if he or she consents be the tutor ad hoc of the infant for the purposes of the application and a copy of the summons shall be served on him or her, together with an undertaking by the applicant in Form 2 to pay the Attorney General's proper costs for acting as tutor and as attorney-at-law for the infant. The Attorney General shall thereupon enter an appearance for the infant.

(2) If the Attorney General does not consent to act as tutor ad hoc, or if the applicant desires that some other person should be appointed to act as tutor ad hoc, the originating summons must ask for the appointment of a tutor ad hoc and must be supported by an affidavit by the applicant setting out the facts and the judge may appoint such person as he or she thinks fit to be the tutor ad hoc.

7. Evidence in Support of Application

(1) The evidence in support of the application for an adoption order shall be given by means of a statement in Form 3 and shall be verified by affidavit. Any document signifying the consent of any person to the making of the adoption order shall be in Form 4 and shall be exhibited to the affidavit.

(2) The evidence shall be filed within 14 days after the issue of the originating summons and a copy of the applicant's statement and of the documents attached thereto shall at the same time be served on the tutor ad hoc.

8. Notice of Application

The tutor ad hoc shall, as soon as practicable after he or she has entered an appearance, serve a notice in Form 5 on any parent or tutor of the infant who has signified his or her consent to the making of an adoption order.

9. Duties of Tutor ad Hoc

(1) It shall be the duty of the tutor ad hoc to investigate as fully as possible all circumstances relevant to the proposed adoption with a view to safeguarding the interests of the infant before the court and to make a report to the court for that purpose; and in particular it shall be his or her duty—
1. (a) to make enquiries as to all matters alleged in the applicant's statement and as to the additional matters specified in Schedule 2 to these rules and to report to the Court upon them;
1. (b) to interview (either by himself or herself or by an agent appointed by him or her for the purpose) every individual being an applicant for the order, or mentioned in the applicant's statement as a person to whom reference may be made, or a person on whom notice of the application is required to be served under rule 8.

(2) The tutor ad hoc, or his or her agent shall treat as confidential all information obtained in the course of the investigation, and shall not divulge any part of it to any other person except so far as may be necessary for the proper execution of his or her duty.

10. Hearing of Application

(1) The applicant shall obtain an appointment for the hearing of the application within 14 days after being notified by the tutor ad hoc that he or she has made his or her report to the court. If no appointment is obtained by the applicant, the tutor ad hoc shall obtain an appointment as soon as practicable for the hearing of the application.

(2) On the application being adjourned to the judge, the tutor ad hoc shall serve a notice in Form 6 on every person whose consent to the order is required under the Act.

(3) On the hearing of the application any person on whom notice is required to be served under rule 9 may appear before the judge to show cause why an adoption order should not be made.

11. Secrecy of Proceedings

Unless the court is satisfied that the applicant does not desire his or her identity to be kept confidential, the proceedings shall be conducted with a view to securing that he or she is not seen by or made known to any person (other than the spouse of the applicant) whose consent to the order is required.

12. Form and Transmission of Orders

(1) An adoption order shall be drawn up in Form 7, and an interim order in Form 8.

(2) On the making of an adoption order the Registrar of the High Court shall send a sealed copy of the order to the Registrar of Civil Status and to the applicant within 7 days after the order has been passed and entered.

(3) An adoption order, and any copy of such an order sent to the Registrar of Civil Status shall be drawn up on paper of foolscap folio size, 13 inches by 8 inches, and shall have a margin to be left blank, not less than 1 inch wide, on the left side of the face of the paper and a similar margin on the right side of the reverse, if any.

(4) No duplicate or copy of an adoption order or interim order shall be given to or served upon any person other than the Registrar of Civil Status or the applicant except by order of the judge.

(5) Where an adoption order is made or refused or an interim order made, the tutor ad hoc shall notify all parties who were not present when the order was made or refused, without disclosing the identity of the applicant unless he or she does not desire his or her identity to be kept confidential.

13. Restoration of Proceedings after Interim Order

(1) Where the determination of an application is postponed and an interim order made the applicant shall, at least 2 months before the expiration of the period specified in the interim order, obtain an appointment for the further hearing of the application, and the tutor ad hoc shall serve a notice in Form 9 on every person on whom notice is required to be served under rule 9.

(2) If no appointment is obtained by the applicant as required by the preceding paragraph of this rule the tutor ad hoc shall obtain an appointment as soon as practicable for the further hearing of the application.

14. Amendment of Adoption Orders

(1) An order under section 17 of the Act for the amendment of an adoption order may be made ex parte.

(2) Where an order for the amendment of an adoption order is made under section 17 of the Act the Registrar of the High Court shall send to the Registrar of Civil Status a notice specifying the date of the adoption order and the names of the adopter and of the adopted person (as described in the schedule to the adoption order) and stating what amendments are to be made in the particulars specified in that order.

15. Service of Documents

Any document under these rules may be served on an individual, by delivering it to him or her personally, or by leaving it with some person for him or her at his or her last known or usual place of abode (whether in Saint Lucia or elsewhere) or by sending it to him or her by registered post at that place.

16. Application under Section 5(4) of the Act

(1) An application under section 5(4) of the Act for leave to remove the infant from the care and possession of the applicant shall be made to the judge, and notice thereof shall be served on the tutor.

(2) Where leave to remove the infant from the care and possession of the applicant is granted under section 5(4) of the Act, the judge may, upon granting leave, dismiss the application for the adoption order.

17. Forms

A form referred to by number means the form so numbered in Schedule 1 to these Rules.

18. Procedure

All proceedings in the Court under the Act shall be heard and determined in chambers.

Schedule 1

Rule 3.		FORM 1.
Originating Summons on Application for an Adoption Order 20.........., No.
In the High Court
Mr. Justice
In the Matter of A.B. [1] ....................................................................... an infant and
In the Matter of the Adoption Act
Let .............................. of .............................. within 8 days after service of this summons, inclusive of the day of such service, cause an appearance to be entered for him or her to this summons which is issued upon the application of ....................................... of ....................................... for an order—
1. That a tutor ad hoc may be appointed for the purpose of safeguarding the interests of the said ............................................................................... [2]
2. That the applicant be authorised to adopt the said .......................................
3. That the costs of this application be provided for.
Dated the day of 20 .
This summons was taken out by .............................. of .............................., Attorney-at-Law for the above-named ...................................................................
The respondent may appear hereto by entering appearance either personally or by solicitor at the Registry, High Court, Castries.
If the respondent does not enter appearance within the time and at the place above mentioned, such order will be made and proceedings taken as the judge may think just and expedient.
Notes :
[1] Enter the first name (s) and surname which the infant is to bear after the adoption.
[2] Delete this paragraph if the Attorney General has consented to act as tutor ad hoc.

FORM 2.		Rule 6.
Undertaking to pay Costs of Attorney General when Acting as Tutor Ad Hoc.
In the High Court
Mr. Justice
In the Matter of A.B. [1] ...................................................................... an infant, and
In the Matter of the Adoption Act, 10.06
In consideration of your acting as the tutor ad hoc of A. B. an infant, I, the undersigned [attorney-at-law] [1] hereby personally [jointly and severally] [2] undertake and agree that as such tutor ad hoc and as attorney-at-law for the said A.B. you will duly receive and be paid all costs, charges and expenses which may be earned or incurred by you in relation to such tutorship or the duties thereof.
Dated the .......... day of .............................. 20..........
Signed ............................................................ [3]
To— The Attorney General,
Attorney General's Chambers,
Castries.
Notes :
[1] Delete if no attorney-at-law is acting for the applicant.
[2] The words in square brackets are required only if there is more than one partner in the firm of attorneys-at-law acting for the applicant.
[3] The undertaking should be signed by the attorney-at-law, or by a partner in the firm of attorneys-at-law, acting for applicant, or by the applicant if he or she is acting in person.

Rule 7.		FORM 3.
Statement in Support of Application for an Adoption Order [1].
In the High Court
Mr. Justice
In the Matter of A.B. [1] ...................................................................... an infant, and
In the Matter of the Adoption Act.
1. I, the undersigned, C.D./We, the undersigned, C.D. and F.D. desire to adopt A.B. [2], an infant, under the Adoption Act, 1953.
2. I am/We are resident and domiciled in Saint Lucia.
3. I am unmarried/a widow/widower/I am married to E.D. of ............................../We are married to each other and are the persons to whom the attached marriage certificate (or other evidence of marriage) relates.
4. The infant is of the .............................. sex and unmarried. He/She was born on ................................................. and is the person to whom the attached birth certificate [3] relates/was born on or about the ......................................................... in ..................................[4].
5. The infant is the child/adopted child [3] of F.B. of ............................./whose last known address was ............................................................................../deceased and G.B. of ....................................................................../whose last known address was .........................................................../deceased [5].
6. The tutor of the infant is H.K. of ............................................................./The tutors of the infant are H.K. of .................................................................. and J.B. of ...............................................[6].
7. L.M. of ...................................... is liable by virtue of an order or agreement to contribute to the maintenance of the infant [7].
8. I/We attach a document/documents signifying the consent of the said ..................................................[8] to the making of an adoption order upon my/our application.
9. I/We request the judge to dispense with the consent of the said .................................. [9] on the following grounds ..................................................
10. The infant was received into my/our care and possession on the ....................................... 20..............., from ......................................................... of ....................................... and has been continuously in my/our care and possession since that date.
11. A certificate as to physical and mental health of the infant signed by a registered medical practitioner on the ....................................... 20..........., is attached [10].
12. I/We have not received or agreed to receive, and no person has made or given or agreed to make or give to me/us, any payment or other reward in consideration of the adoption [except as follows: ...............................................................................................................................
13. I have not made/neither of us has made a previous application for an adoption order in respect of the same or any other infant to any court [except an application made to the ........................... court at ................................................... on the ................................................... 20.........., which was dealt with as follows: ............................................................................................................................... ...............................................................................................................................
14. For the purposes of my/our application reference may be made to N.O. of ....................................................................................[11]
15. I/We desire that my/our identity should be kept confidential, and the serial number of this application is ......................................................[12] or [I/We do not desire that my/our identity should be kept confidential].
16. Further particulars of myself/ourselves are set out in the annex to this statement.
17. If an adoption order is made in pursuance of my/our application, it is proposed that the infant should be known as
Dated the .......... day of .............................. 20..........
....................................................................
....................................................................
(Usual Signature of applicant/ applicants).
ANNEX TO FORM 3.
Further Particulars of Applicant or Applicants
Particulars of C.D.
Name in full (Block capitals) .....................................................................................
Address .................................................................................................................
Occupation .............................................................................................................
Date of Birth ...........................................................................................................
Relationship (if any) to the infant ..............................................................................
Particulars of E.D.
Name in full (Block capitals) .....................................................................................
Address .................................................................................................................
Occupation .............................................................................................................
Date of Birth ...........................................................................................................
Relationship (if any) to the infant ..............................................................................
Notes :
[1] This statement must be verified by affidavit, to which the statement, marriage certificate and other documents referred to in the statement should be exhibited.
[2] Enter the first name [s] and surname as shown in the birth certificate referred to in paragraph 4, if available; otherwise enter name [s] and surname by which the infant was known before being placed for adoption.
[3] If the infant, has previously been adopted, a certified copy of the entry in the Adopted Children Register should be attached, and not a certified copy of the original entry in the Registers of Birth; and the particulars given in paragraph 5 should relate to the parent or parents by adoption and not to the natural parent or parents.
[4] Where a birth certificate is not attached, enter the place (including country) of birth if known.
[5] If the infant is illegitimate, the father's name should not be given in this entry; but see paragraph 7.
[6] This paragraph should be completed only if the infant has a tutor other than the father or mother of the infant.
[7] If the infant is illegitimate, enter the name of any person known to the applicant who has been adjudged by an affiliation order to be the putative father of the infant or who has acknowledged himself to be the father of the infant and agreed to contribute to his or her maintenance.
[8] The names to be entered here (or in the following paragraph) are those of the persons named in paragraphs 5, 6 and 7, and (where the application is made by one of 2 spouses alone) of the spouse of the applicant.
[9] This paragraph should be completed with the name of any of the persons mentioned in the previous note who has not signified his or her consent. See Section 5 of the Act as to the grounds on which consent may be dispensed with.
[10] This paragraph need not be completed if the applicant or either of the applicants is a “relative” of the infant as defined by section 2 of the Act.
[11] This paragraph need not be completed if the applicant or either of the applicants is a “relative” of the infant as defined by section 2 of the Act. Where it is completed more than one referee may be named if desired.
[12] If the applicant wishes his or her name to be kept 'confidential, insert serial number obtained in pursuance of rule 4 of the Adoption of Children (High Court) Rules.

Rule 7.		FORM 4.
Consent to an Adoption Order in Respect of an Infant Named A.B. [1]
Whereas an application is to be made by CD./C.D. and E.D. [2] or [under the serial number ...........................................................................];
[Whereas the said A.B. (hereinafter called the infant) is not less than 6 weeks old, having been born in ....................................... on.............................................., and is the person to whom the birth certificate [3] now produced and shown to me marked “A” relates] [4]:
I, the undersigned ................................... of .................................. being [5] —
the mother [3] of the infant/
the father [3] of the infant/
a tutor of the infant/
a person liable by virtue of any order or agreement to contribute to the maintenance of the infant/
a person (acting on behalf of a body) having parental rights in respect of the infant/
the spouse of the said C.D., hereby state as follows—
(1) I understand that the effect of an adoption order is to deprive a parent or tutor of all rights in respect of the maintenance and upbringing of the infant.
(2) I understand that, when the application for an adoption order in respect of the said A.B. is heard by the judge, this document may be used as evidence of my consent to the making of the order unless I have notified the court that I no longer consent [6].
(3) I hereby consent to the making of an adoption order in pursuance of the said application [on condition that the religious persuasion in which the infant is brought up is .......................................] [7].
........................................................
(Signature)
Signed at ............................................. on ....................................... by the said .................................................... (who satisfied me that she fully understood the nature of the foregoing statement and was prepared to surrender her child for adoption) [4].
Before me (Signature) .......................................
(Address) .......................................
(Description) [6] .......................................
Notes :
[1] Insert name as known to the consenting party.
[2] Where the name of applicant is not known to the consenting party, and a serial number has been obtained for the application under rule 4 of the Adoption of Children (High Court) Rules, complete the entry contained in the second square brackets.
[3] If the infant has previously been adopted, a certified copy of the entry in the Adopted Children Register should be attached, and not a certified copy of the original entry in the Registers of Birth; and the description of the consenting party should include the words “by adoption” where appropriate.
[4] Delete the words in square brackets except where the consenting party is the mother of the infant.
[5] Delete all but one of the descriptions which follow.
[6] If the consenting party is the mother of the infant, the document will not be admissible as evidence unless the signature is attested in the manner prescribed in section 6 of the Act. In all cases the document, if so attested, will be admissible without further proof of execution.
[7] Delete the words in square brackets if the applicant is named or if, although the applicant is not named, the consenting party does not desire to impose conditions as to religious upbringing.

Rule 8.		FORM 5.
Notice of Application for an Adoption Order in Respect of an Infant Named A.B. [1]
To ..................................................... of ...................................................... [2]
Whereas an application has been made [by C.D./C.D. and E.D.] [3] or [under the serial number .....................................................................................];
And whereas I ................................................... of ........................................ am the tutor ad hoc of the said infant;
Take notice that while the said application is pending, you must not, except with the leave of the judge, remove the infant from the care and possession of the applicant.
Application for such leave may be made to the judge.
Dated the ............... day of ...................................... 20........
(Signature of tutor ad hoc) ........................................................................
Notes :
[1] Enter the name [s] and surname as known to the person to whom the notice is given.
[2] Enter the name and address of any parent or tutor of the infant who has signified his or her consent to the making of an adoption order.
[3] The name of the applicant must not be given where a serial number is specified in Form 3 (paragraph 15). In that case complete the second entry in square brackets.

Rule 10.	FORM 6.
Notice of Hearing of Application for an Adoption Order in Respect of an Infant Named A.B. [1]
To .................................................... of ............................................................
Whereas an application has been made [by C.D./C.D. and E.D.] [2] or [under the serial number ................................................................................................];
And whereas I ......................................... of ............................................... am the tutor ad hoc of the said infant;
Take notice:
A. [3] [That the said application will be heard at the High Court, Castries, on the ............................................... 20............ at the hour of .............................. in the .......................... noon, and that you may appear to show cause why the adoption order should not be made].
B. [3] [That if you do not consent to the making of the order, you should notify me on or before ............................. 20............ in order that a date and time may be fixed for you to attend and show cause why the adoption order should not be made. The form below may be detached and used for this purpose].
Dated the .................. day of ....................................... 20........
(Signature of tutor ad hoc) .................................................
Notes :
[1] Enter the name[s] and surname as known to the person to whom the notice is given.
[2] The name of the applicant must not be given where the notice is addressed to an individual and a serial number is specified in Form 3 (paragraph 15). In that case complete the second entry in square brackets.
[3] Form A should be completed and form B struck out where the applicant does not desire his or her identity to be kept confidential (see Form 3, paragraph 15). Where a serial number is specified in that paragraph and the notice is addressed to an individual, Form A must be struck out and Form B completed.
...............................................................................................................................
To:—The Attorney General, Attorney General's Chambers, Castries.
(If the Attorney General is not the tutor ad hoc the appropriate address should be substituted).
I have received notice of the hearing of the application for an adoption order in respect of A.B. an infant. [Delete (a) or (b) below]
(a) I consent to the making of this order.
........................................ or ........................................
(b) I do not consent to the making of this order and I wish a date and time to be fixed for my attendance when I may state my case.
.......................................		.......................................
(Signature)
.......................................		.......................................
(Date)		(Address)

FORM 7.				Rule 12.
Adoption Order in Respect of an Infant
In the High Court
Mr. Justice
In the Matter of A.B.[1] ....................................................................... an infant,
and
In the Matter of the Adoption Act.
Application having been made by C.D., by occupation ..................................... .................................... resident at ......................................... and domiciled in Saint Lucia [and E.D. his wife] (hereinafter called the applicant/applicants) for an order under the Adoption Act, authorising him/her/them to adopt A.B., an infant, the child/adopted child of F.B./F.B. and G.B.;
And the said A.B. (hereinafter called the infant) being of the ........................... sex, and never having been married;
And the applicant/one of the applicants .............................. having attained the age of 25 years and being at least 21 years older than the infant/.............................. having attained the age of 21 years and being a relative of the infant within the meaning of the said Act/.............................. being the mother/father of the infant;
[And the names by which the infant is to be known being P.D.][1]
[And it having been proved to the satisfaction of the judge that the infant is identical with A.B., to whom the entry numbered ........................................ and made on the ................................... 20........... in the Register of Births for the registration district of .............................. and sub-district of ................................... in the county of .................................... relates][2];
and the [probable][3] date of the birth of the infant appearing to be the ............................................. 20..........
[And the infant having been previously the subject of an adoption order dated the .................................................................. 20............, of which particulars are entered in the Adopted Children Register][4];
And all the consents required by the said Act being obtained or dispensed with;
It is ordered that the applicant/applicants be authorised to adopt the infant;
[And the following payment or reward is sanctioned: ..............................................................................................................................]
[And as regards costs it is ordered that: ..............................................................................................................................]
And it is directed that the Registrar of Civil Status shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
[And it is further directed that the Registrar of Civil Status shall cause the said entry in the Register of Births to be marked with the word “adopted”][2].
[And it is further directed that the Registrar of Civil Status shall cause the previous entry in the Adopted Children Register relating to the infant to be marked with the word “re-adopted”][4].
Dated the .............. day of ....................................... 20........
Schedule to Form 7
Date[5] and country of birth of child	Name and surname of child [6].	Sex of child	Name and surname, address and occupation of adopter or adopters.		Date of adoption order and description of court by which made.

Notes:
[1] Delete where there is no change of name.
[2] Delete this entry—
(a) if the infant is not identified with a person whose birth is registered in the Registers of Births in Saint Lucia;
(b) if the infant has previously been adopted.
Where the infant is identified with a person whose birth is registered in any such register other than the Registers of Births in Saint Lucia, modify the entry accordingly.
[3] Delete “probable” where the precise date of the infant's birth is proved.
[4] Delete except where the infant has previously been adopted.
[5] Where a probable date of birth is specified in the body of the order, enter that date without qualification. If the infant is one of twins, include, if possible, the hour as well as the date of birth.
[6] Where there is a change, enter only the names by which the infant is to be known.

FORM 8.	Rule 12.
Interim Order in Respect of an Infant
In the High Court
Mr. Justice
In the Matter of A.B.[1] ....................................................................... an infant,
And
In the Matter of the Adoption Act.
Application having been made by C.D., by occupation ..................................... resident at ....................................... and domiciled in Saint Lucia [and E.D. his wife] (hereinafter called the applicant/applicants) for an order under the Adoption Act authorising him/her/them to adopt A.B. an infant, the child/adopted child of F.B./F.B. and G.B.;
And the said A.B. (hereinafter called the infant) being of the ......................... sex and never having been married;
And the applicant/one of the applicants .............................. having attained the age of 25 years and being at least 21 years older than the infant/.............................. having attained the age of 21 years and being a relative of the infant within the meaning of the said Act/.............................. being the mother/father of the infant;
And all the consents required by the said Act being obtained or dispensed with;
It is ordered that the determination of the application be postponed, and the custody of the infant be given to the applicant/applicants for a period ending on the .............................................. 20 ..........., by way of a probationary period, upon the following terms, namely ..................................................................................... .............................................................................................................................. and that the applicant/applicants shall at least 2 months before that date apply for the final determination of the application;
[And as regards costs it is ordered that ............................................................. .............................................................................................................................]
Dated the ............. day of ....................................... 20........

Rule 13.	FORM 9.
Notice of Further Hearing of Application for an Adoption Order in Respect of an Infant Named A.B.[1]
To .................................................. of ..............................................................
Whereas an application has been made by [C.D./C.D. and E.D][2] or [under the serial number ..................................................................................................];
And whereas I ................................................ of .............................................. am the tutor ad hoc of the said infant;
And whereas the determination of the said application was postponed and an interim order was made by the judge on the ....................................... 20.........
Take notice:
A.[3] [That the said application will be further heard before the judge at the High Court, Castries, on the ............................................................... 20........... at the hour of .................................... and that you may appear to show cause why the adoption order should not be made].
B.[3] [That if you do not consent to the making of the order, you should notify me on or before ............................................. 20 ............ in order that a date and time may be fixed for you to attend and show cause why the adoption order should not be made. The form below may be detached and used for this purpose].
Dated the .............. day of ....................................... 20........
(Signature of tutor ad hoc) ....................................................
Notes :
[1] Enter name[s] and surname as known to the person to whom the notice is given.
[2] The name of the applicant must not be given where the notice is addressed to an individual and a serial number is specified in Form 3 (paragraph 15). In that case complete the second entry in square brackets.
[3] Form A should be completed and Form B struck out where the applicant does not desire his or her identity to be kept confidential (see Form 3, paragraph 15). Where a serial number is specified in that paragraph and the notice is addressed to an individual Form A must be struck out and Form B completed.
........................................................ Perforation ....................................................
To–The Attorney General, Attorney General's Chambers, Castries. (If the Attorney General is not the tutor ad hoc the appropriate address should be submitted).
I have received notice of the further hearing of the application for an adoption order in respect of A.B. an infant. [Delete (a) or (b)]
(a) I consent to the making of this order.
........................................ or ........................................
(b) I do not consent to the making of this order and I wish a date and time to be fixed for my attendance when I may state my case
(Signature) ............................................................
.......................................		............................................................
(Date)		(Address)

Schedule 2

(Rule 9)

ADDITIONAL MATTERS SUBJECT TO INVESTIGATION AND REPORT BY TUTOR AD HOC

PART I
THE APPLICANT

1. In the case of a joint application, how long the applicants have been married.

2. In the case of an application by one only of 2 spouses—
1. (a) whether the other spouse consents to the application; and
1. (b) why he or she does not join in the application.

3. What other children (including adopted children) the applicant has.

4. What is the age and sex of all children living in the home of the applicant and what is their relationship to the applicant.

5. What number of living rooms and bedrooms are contained in the home of the applicant, and what is the condition of the home.

6. What are the means of the applicant.

7. Whether the applicant suffers or has suffered from any serious illness, and whether there is any history of tuberculosis, epilepsy or mental illness in his or her family.

8. Whether any person specified in the applicant's statement as a person to whom reference may be made is a responsible person and recommends the applicant without reservation.

9. Whether the applicant understands that an adoption order is irrevocable and that the order if made will render him or her responsible for the maintenance and upbringing of the infant.

PART II
THE INFANT

10. Whether the infant has any right to or interest in any property.

11. Whether the infant (if of an age to understand the effect of an adoption order) wishes the order to be made.

PART III
THE PARENTS

12. Whether the mother consents to the adoption and identifies the birth certificate (if any) attached to the applicant's statement as the birth certificate of the infant.

13. Whether the father consents to the adoption.

14. If the infant is illegitimate, whether an affiliation order has been made against any person adjudged to be the putative father of the infant, or an agreement to contribute to the maintenance of the infant has been made by a person acknowledging himself to be the father of the infant, and in either case whether that person consents to the adoption.

15. When did the parent or parents part with the infant, and to whom.

16. What are the reasons of the parent or parents for consenting to the adoption, and whether his or her or their consent is given without pressure from other persons.

17. Whether the parent, or each of the parents, understands that an adoption order is irrevocable, and that the order if made will deprive him or her of all rights in respect of the maintenance and upbringing of the infant.

18. Where the applicant's statement requests the judge to dispense with the consent of the parent, or either of the parents, on the ground that he or she cannot be found, what steps have been taken to trace him or her.