Adoption of Children Regulations 2013

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Adoption of Children Regulations 2013
FA E R
N

AT F
TQUO U

BERMUDA

ADOPTION OF CHILDREN REGULATIONS 2013

BR 93 / 2013

TABLE OF CONTENTS

Citation
Interpretation
Form of transfer of care and custody
Placement of child for adoption by Director
Placement of child for adoption by parent or guardian
Bringing child into Bermuda for adoption: Notice to Director
Bringing child into Bermuda for adoption: Director to make inquiries
Bringing child into Bermuda for adoption: Recommendation by Director
Transferring child from Bermuda for adoption: Notice to Director
Transferring child from Bermuda for adoption: Director to make inquiries
Transferring child from Bermuda for adoption: Recommendation by Director
Registration in Adopter’s Register and investigations
Form of home study report and educational course
Form of agreement for continuing contact
Form of consent and attestation
Notice of counselling relating to consent
Notice of counselling relating to disclosure of information
Commencement

SCHEDULE 1
Forms

SCHEDULE 2
Home Study: Matters into which Director may Inquire

The Minister responsible for child and family services, in exercise of the power
conferred by section 60 of the Adoption of Children Act 2006, makes the following
Regulations:

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

1

ADOPTION OF CHILDREN REGULATIONS 2013

Citation
These Regulations may be cited as the Adoption of Children Regulations 2013.

Interpretation
In these Regulations—

“accredited body” means a body which has been accredited and performs the
functions of an accredited body set out under Article 11 of the Hague
Convention;

“the Act” means the Adoption of Children Act 2006;

“attested” means attested in accordance with regulation 15;

“Form” means the Form prescribed in Schedule 1;

“Hague Convention” means the Convention on Protection of Children and Co-
Operation in Respect of Intercountry Adoption;

“public authority” means an authority of a country or territory which performs the
functions of a public authority set out under the Hague Convention, and
includes the Department of Child and Family Services;

“Rules” means the Adoption of Children Rules 2013.

Form of transfer of care and custody
A parent or guardian who wishes to transfer the care and custody of a child to

the Director, pursuant to section 21 of the Act, shall do so in writing as prescribed in Form
1.

Where the care and custody of a child has been transferred to the Director
pursuant to paragraph (1) and the Director transfers such care and custody to a prospective
adoptive parent or caregiver pursuant to section 22 of the Act, he shall do so in writing as
prescribed in Form 2.

Placement of child for adoption by Director
This regulation shall be complied with before a prospective adoptive parent

applies to the court for an adoption order.

A parent or guardian who wishes the Director to place a child for adoption shall,
not less than twenty-four months before the date on which the child attains the age of
eighteen years—

make a request to the Director in writing that the child be placed for
adoption;

verify his parentage or guardianship of the child by providing the Director
with the following—

an official document certifying the date of birth of the child;

1

2

3 (1)

(2)

4 (1)

(2)

(a)

(b)

(i)

2

ADOPTION OF CHILDREN REGULATIONS 2013

an official document certifying the date of birth of the parent or the
guardian;

a certified copy of any deed, will, or order of a court appointing the
person as guardian of the child;

provide the Director with the following—

an official document certifying the immigration status in Bermuda of
the parent or guardian;

an official document certifying the child’s immigration status in
Bermuda;

a certified copy of any subsisting order made by a court (whether the
court is in Bermuda or outside Bermuda) relating to the child, including
any custody order, maintenance order, access order, enforcement
order, garnishment order, care order, or supervision order;

a copy of any agreement relating to maintenance of or access to the
child;

a copy of a report on the health of the child prepared by a registered
medical practitioner who examined the child and prepared the report
not more than six months preceding the date of the request;

a written statement signed by the parent or guardian as to whether the
previous identity or the parentage of the child is open or intended to be
kept secret;

a written statement signed by the parent or guardian as to whether the
parent or guardian wishes to be notified when an adoption order is
made;

Form 1, transferring care and custody of the child to the Director (if the
parent or guardian wishes the care and custody to be so transferred);
and

provide the Director with any other information or documents which the
Director deems relevant, certified or attested (if required by the Director).

The Director is not required to proceed under these regulations where the
twenty-four month time requirement under paragraph (2) has not been complied with.

Where the documents referred to in paragraph (2) have been received, the
Director shall perform the duties of the Director under sections 9 and 10 of the Act, and
shall meet with the child privately pursuant to section 26(2) of the Act.

Placement of child for adoption by parent or guardian
This regulation shall be complied with before a prospective adoptive parent

applies to the court for an adoption order.

This regulation applies where a parent or guardian—

(ii)

(iii)

(c)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(d)

(3)

(4)

5 (1)

(2)

3

ADOPTION OF CHILDREN REGULATIONS 2013

intends to place a child for adoption, other than through the Director; or

has already placed a child other than through the Director, and it has
become evident that the child was in fact placed for adoption.

The parent or guardian shall provide the Director with the following, not less
than twenty-four months before the date on which the child attains the age of eighteen
years—

the notice required under section 12(a) of the Act of his intention to place
the child, or notice that it has become evident that the child was in fact
placed for adoption;

the information in respect of the identity and circumstances of the parties
to the placement, as required under section 12(b) of the Act;

a copy of the summary of information given to the person receiving the
child, as required under section 13(3) of the Act;

the documents referred to in regulation 4(2)(b) and 4(2)(c)(i) to (vii) which
are relevant;

any signed agreement for continuing contact; and

any other information or documents which the Director deems relevant,
certified or attested (if required by the Director).

The Director is not required to proceed under these regulations where the
twenty-four month time requirement under paragraph (3) has not been complied with.

The person receiving the child, or who received the child, shall apply to the
Director in writing for his name to be entered in the Adopter’s Register—

before receiving the child; or

as soon as practicable after it has become evident that the child was in fact
placed for adoption.

Where the provisions of paragraphs (3) and (5) have been complied with, the
Director shall perform the duties of the Director under sections 9 and 10 of the Act, and
shall meet with the child privately pursuant to section 26(2) of the Act.

Bringing child into Bermuda for adoption: Notice to Director
This regulation, and regulations 7 and 8 (except regulations 7(1)(h) and 8(4)),

shall be complied with before a prospective adoptive parent applies to the court for approval
to bring a child, who is not a resident of Bermuda, into Bermuda for the purpose of adoption.

A prospective adoptive parent who wishes to bring a child into Bermuda for the
purpose of adoption shall, not less than twenty-four months before the date on which the
child attains the age of eighteen years—

notify the Director in writing that he wishes to bring a child into Bermuda
for the purpose of adoption;

(a)

(b)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(4)

(5)

(a)

(b)

(6)

6 (1)

(2)

(a)

4

ADOPTION OF CHILDREN REGULATIONS 2013

apply to the Director in writing for his name to be entered in the Adopter’s
Register;

provide the Director with the following—

the documents referred to in regulation 4(2)(b)(i) to (iii), and any
documents referred to in regulation 4(2)(c)(i) to (v) which are relevant,
certified or attested;

a copy of a written report of the medical and social history of the child’s
biological family, prepared and signed by a public authority or
accredited body;

an official document certifying the immigration or residential status of
the parents or guardian and the child in the country or territory in
which they are resident;

the contact information of the parents or guardian of the child;

the contact information of the child, if the child is 12 years of age or
over;

any signed agreement for continuing contact, certified or attested;

a certified copy of the court order granting permission for the child to
be transferred to Bermuda for the purpose of adoption, pursuant to
section 47(2)(e) of the Act; and

provide the Director with any other information or documents which the
Director deems relevant, certified or attested.

The Director is not required to proceed under these regulations where the
twenty-four month time requirement under paragraph (2) has not been complied with.

Where the provisions of paragraph (2) have been complied with, the Director
shall perform the duties of the Director under section 10 of the Act.

Bringing child into Bermuda for adoption: Director to make inquiries
The Director shall request a public authority or accredited body in the country

or territory in which the parent or guardian and the child are resident for the assistance of
that authority or body in respect of the matters provided for in section 47(2)(a), (b), (d) and
(e) of the Act, and in particular shall request the authority or body to—

forward to the Director a written statement signed by the authority or body
that it provided the parents or guardian of the child with information about
adoption, the alternatives to adoption, and the feasibility of keeping the
child;

forward to the Director a written statement signed by the authority or body
that the parents or guardian and the child, if the child is 12 years of age
and over, have been counselled in accordance with section 17 of the Act,
prior to giving consent;

(b)

(c)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(d)

(3)

(4)

7 (1)

(a)

(b)

5

ADOPTION OF CHILDREN REGULATIONS 2013

meet with the child privately, where the child is at least seven years of age
and has the capacity to understand and appreciate the nature of the
application, and forward to the Director a report on the matters provided
for in section 26(2) of the Act;

obtain and forward to the Director the original signed and attested consent
forms of the parents or guardian and the child, if the child is 12 years of
age or over;

obtain and forward to the Director a certified copy of any order of the court
dispensing with the consent of the parents or guardian or the child, if the
child is 12 years of age or over and is not capable of giving an informed
consent;

with respect to any of the information or documents referred to in
regulation 6(2)(c)—

provide a written statement signed by the authority or body verifying
the information and documents provided by the prospective adoptive
parent; or

obtain and forward to the Director such information or documents,
certified or attested;

forward to the Director a written statement signed by the authority or body
concerning the expediency or necessity of the attendance of the parents,
guardian, or the child at the hearing of the application for approval to bring
the child into Bermuda for adoption, or at the hearing of an application for
an adoption order;

obtain and forward to the Director the reply to the notice of hearing (Form
6 of the Rules), duly signed by persons who are respondents to the
application, except the parents or guardian of the child, and the child;

obtain and forward to the Director any other information or documents
which the Director deems relevant, certified or attested.

Any fees, costs and incidental expenses required to be paid in respect of the
assistance provided by the public authority or accredited body under paragraph (1) are to
be borne by the prospective adoptive parent; and the Director is not required to proceed
with a request for assistance unless he is satisfied that payment has been made, or will be
made.

The Director shall prepare a report on—

the efforts made by him to obtain the assistance of a public authority or
accredited body;

the assistance provided and matters verified by the public authority or
accredited body;

the efforts made by the public authority or accredited body to provide
assistance or verification, but which were unsuccessful;

(c)

(d)

(e)

(f)

(i)

(ii)

(g)

(h)

(i)

(2)

(3)

(a)

(b)

(c)

6

ADOPTION OF CHILDREN REGULATIONS 2013

whether any circumstances exist which make it inexpedient or
unnecessary that the parents, guardian or the child attend the hearing of
any application; and

any other matter which he deems relevant,

and shall forward a copy of the report to the Minister.

Bringing child into Bermuda for adoption: Recommendation by Director
Where the Director is satisfied as to the matters provided for in section 47(2)

(a) to (f) of the Act, he shall make a written recommendation that approval be given to bring
the child into Bermuda for adoption, and shall inform the prospective adoptive parent in
writing.

Where the Director is not satisfied as to the matters provided for in section 47(2)
(a) to (f) of the Act, he shall make a written recommendation that approval not be given to
bring the child into Bermuda for adoption stating the reasons for his recommendation, and
shall inform the prospective adoptive parent in writing of his recommendation and reasons.

If there is insufficient information to make a recommendation under paragraph
(1) or (2), the Director shall make that determination and prepare a written report stating
the reasons for his determination, and shall inform the prospective adoptive parent in
writing of his determination and reasons.

Where, after approval has been granted, the child is brought into Bermuda for
adoption, the Director shall perform the duties of the Director under section 9 of the Act,
where necessary, and shall meet with the child privately pursuant to section 26(2) of the
Act.

Transferring child from Bermuda for adoption: Notice to Director
This regulation, and regulations 10 and 11, shall be complied with before a

parent or guardian applies to the court for approval to transfer the care and custody of a
child to a person resident outside Bermuda (“proposed adopter overseas”) for the purpose
of adoption of the child by that person.

A parent or guardian who wishes to transfer the care and custody of their child
to a proposed adopter overseas shall, not less than twenty-four months before the date on
which the child attains the age of eighteen years—

make a request to the Director in writing for permission to place the child
overseas for adoption, pursuant to section 11 of the Act;

provide the Director with any documents referred to in regulation 4(2)(b)
and 4(2)(c)(i) to (vii) which are relevant;

any signed agreement for continuing contact; and

provide the Director with any other information or documents which the
Director deems relevant, certified or attested (if required by the Director).

The Director is not required to proceed under these regulations where the
twenty-four month time requirement under paragraph (2) has not been complied with.

(d)

(e)

8 (1)

(2)

(3)

(4)

9 (1)

(2)

(a)

(b)

(c)

(d)

(3)

7

ADOPTION OF CHILDREN REGULATIONS 2013

The proposed adopter overseas shall apply to the Director in writing for his
name to be entered in the Adopter’s Register.

Where the provisions of paragraphs (2) and (4) have been complied with, the
Director shall perform the duties of the Director under section 9 of the Act, where necessary,
and shall meet with the child privately pursuant to section 26(2) of the Act.

Transferring child from Bermuda for adoption: Director to make inquiries
The Director shall request a public authority or accredited body in the country

or territory in which the proposed adopter overseas is resident for the assistance of that
authority or body in respect of the matters provided for in section 48(2)(b) and (c) of the Act,
and in particular shall request the authority or body to—

complete a home study in respect of the proposed adopter overseas and
forward a copy of the report to the Director;

undertake any investigations (whether pursuant to section 6(3) of the Act
or otherwise) that would assist in determining whether the proposed
adopter overseas is a suitable person and that the transfer is likely to be
in the best interests of the child, and forward to the Director a report on
the results of any investigations;

obtain and forward to the Director any reply to the notice of hearing (Form
6 of the Rules), duly signed by persons who are respondents to the
application, except the proposed adopter overseas;

forward to the Director a written statement signed by the authority or body
concerning the expediency or necessity of the attendance of the proposed
adopter overseas at the hearing of the application to transfer the care and
custody of the child; and

obtain and forward to the Director any other information or documents
which the Director deems relevant, certified or attested.

Any fees, costs and incidental expenses required to be paid in respect of the
assistance provided by a public authority or accredited body under paragraph (1) are to be
borne by the parent or guardian; and the Director is not required to proceed with a request
for assistance unless he is satisfied that payment has been made, or will be made.

The Director shall prepare a report on—

the efforts made by him to obtain the assistance of a public authority or
accredited body;

the assistance provided by the public authority or accredited body;

the efforts made by the public authority or accredited body to provide
assistance, but which were unsuccessful;

whether any circumstances exist which make it inexpedient or
unnecessary that the proposed adopter overseas attend the hearing of any
application;

(4)

(5)

10 (1)

(a)

(b)

(c)

(d)

(e)

(2)

(3)

(a)

(b)

(c)

(d)

8

ADOPTION OF CHILDREN REGULATIONS 2013

any other matter which he deems relevant,

and shall forward a copy of the report to the Minister.

Transferring child from Bermuda for adoption: Recommendation by Director
Where the Director is satisfied as to the matters provided for in section 48(2)

(a), (b) and (c) of the Act, he shall grant permission in writing for the parent or guardian to
place the child with the proposed adopter overseas, subject to—

such criteria and conditions as the Director may determine; and

an order being made by the court authorizing the child to be transferred to
the proposed adopter overseas for the purpose of adoption.

Where the Director is not satisfied as to the matters provided for in section 48(2)
(a), (b) and (c) of the Act, he shall make a written recommendation that an order transferring
the care and custody of the child to the prospective adoptive parent should not be made
stating the reasons for his recommendation, and shall inform the parent or guardian in
writing of his recommendation and reasons.

Where there is insufficient information to grant permission or to make a
recommendation under paragraph (1) or (2), the Director shall make that determination and
prepare a written report stating the reasons for his determination, and shall inform the
parent or guardian in writing of his determination and reasons.

Registration in Adopter’s Register and investigations
Where an application has been made to the Director under section 6 of the Act,

the Director shall inform the applicant in writing whether his name has been entered in the
Adopter’s Register, and where it has not been entered, state the reason his name has not
been entered.

Where the Director has been instructed by the Minister under section 6(3) of
the Act to undertake investigations of a person whose name has been entered in the
Adopter’s Register—

information given in the course of an investigation may be verified by any
Government Department or body, if such verification has been requested
by the Director in writing;

and where, in the course of an investigation, the person gives information
of a medical, psychological, psychiatric, legal, or financial nature, the
Director may require that the person produce documents verifying the
information given, if the Director deems it relevant for the purpose of
assisting him in making a recommendation whether an adoption order
should or should not be made.

The Director shall forward a written report to the Minister of the results of any
investigations undertaken.

(e)

11 (1)

(a)

(b)

(2)

(3)

12 (1)

(2)

(a)

(b)

(3)

9

ADOPTION OF CHILDREN REGULATIONS 2013

Form of home study report and educational course
The Director may inquire into any or all the matters prescribed in Schedule 2,

and shall include the results of his inquiry in the home study report.

Any fee required to be paid in respect of a home study shall be borne by the
prospective adoptive parent, and the Director is not required to proceed with a home study
unless he is satisfied that payment has been made, or will be made.

Where, during the course of a home study, information is given of a medical,
psychological, psychiatric, legal, or financial nature, the Director may require that the
prospective adoptive parent produce documents verifying the information given, if the
Director deems it relevant for the purpose of assisting him in making a recommendation
whether an adoption order should or should not be made.

In the best interests of the child, a prospective adoptive parent shall complete
an educational course or courses, as recommended by the Director, on the subject of
parenting an adopted child.

Form of agreement for continuing contact
An agreement for continuing contact, made between a parent or guardian and the

prospective adoptive parent pursuant to section 14 of the Act, shall be in Form 3.

Form of consent and attestation
The consent of a person to the making of an adoption order shall be as

prescribed in Form 4, Form 5, Form 6 or Form 7, and shall be attested by a notary public.

A consent executed in a jurisdiction outside Bermuda shall be attested by any
one of the following—

a notary public;

any person authorized by law in the jurisdiction where the consent is
executed to administer an oath for any judicial or other legal purpose;

a British consular officer; or

if the person executing the consent is serving in any of the regular armed
forces of the Crown, any officer holding a commission in any of those forces.

Notice of counselling relating to consent
A person who—

counsels a person on the legal effects of giving his consent and the period
for revoking such consent, pursuant to section 17(2)(a) of the Act;

counsels a person on the alternatives to adoption including the feasibility
of keeping the child, pursuant to section 17(2)(b) of the Act,

shall notify the Director in writing, as soon as practicable, of the date on which he
counselled the person.

13 (1)

(2)

(3)

(4)

14

15 (1)

(2)

(a)

(b)

(c)

(d)

16

(a)

(b)

10

ADOPTION OF CHILDREN REGULATIONS 2013

Notice of counselling relating to disclosure of information
Where, pursuant to section 50 of the Act, a professional counsellor—

counsels a person who is a party to a placement or an adoption and who
has requested information concerning the background of the child under
section 49(1) of the Act;

counsels a parent of an adopted child or an adopted child pursuant to
section 49(4) of the Act,

the professional counsellor shall notify the Director in writing, as soon as practicable, of
the date on which he counselled the person.

A professional counsellor who, pursuant to section 51(8) of the Act, counsels
an adopted person who has requested the identity of or identifying information about a
relative, shall notify the Director in writing, as soon as practicable, of the date on which he
counselled the person.

Commencement
These Regulations come into operation on such day as the Adoption of Children Act

2006 comes into operation.

17 (1)

(a)

(b)

(2)

18

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ADOPTION OF CHILDREN REGULATIONS 2013

SCHEDULE 1

FORMS

FORM 1
(regulation 3)

TRANSFER OF CARE AND CUSTODY
FROM PARENT OR GUARDIAN TO THE DIRECTOR


I [name] of [address], pursuant to section 21 of the Adoption of Children Act 2006, hereby
transfer the care and custody of [name of child] of [address] to [name of Director], who is the
Director of Child and Family Services, Hamilton, Bermuda.
DECLARATION OF PARENT OR GUARDIAN:
I hereby declare that—
(a) I am the [mother] [father] [guardian] of the child;
(b) I have parental responsibility for the child;
(c) I understand that under section 21 of the Adoption of Children Act 2006, when my consent

to the adoption is given, the Director becomes guardian of the child until an adoption order
is made, or my consent is revoked in writing to the Director;

(d) I understand that the Director may transfer the care and custody of the child to a
prospective adoptive parent or put the child in the care of a caregiver;

(e) I understand that the Director, or the prospective adoptive parent or caregiver, may—
(i) authorize a health care professional to examine the child;
(ii) consent to necessary health care of the child, if in the opinion of the health care

professional, the health care should be provided; and
(iii) consent to the child’s participation in school, social or recreational activities.

DECLARATION OF DIRECTOR:
I [name] of [professional address], am the Director of Child and Family Services, Hamilton,
Bermuda, and hereby declare that I accept the care and custody of the child.
[signature]
Parent or Guardian
Date:

[signature]
Director
Date:

FORM 2
(regulation 3)

TRANSFER OF CARE AND CUSTODY
FROM THE DIRECTOR TO PROSPECTIVE ADOPTIVE PARENT OR CAREGIVER



12

ADOPTION OF CHILDREN REGULATIONS 2013

I [name of Director] of [professional address], am the Director of Child and Family Services,
Hamilton, Bermuda, and hereby transfer the care and custody of [name of child] of
[address] to [name of prospective adoptive parent or caregiver] of [address].
DECLARATION OF THE DIRECTOR:
I hereby declare that—
(a) On [date], the [parent] [guardian] of the child, having parental responsibility for the

child, transferred the care and custody of the child to the Director, pursuant to section
21 of the Adoption of Children Act 2006;

(b) I presently have the care and custody of the child;
(c) Pursuant to section 22 of the Adoption of Children Act 2006, I hereby transfer the care

and custody of the child to—
(i) [name] of [address] who is a prospective adoptive parent;
(ii) [name] of [address] who is a caregiver.

DECLARATION OF THE [PROSPECTIVE ADOPTIVE PARENT] [CAREGIVER]:
I [name] of [address], am the [prospective adoptive parent] [caregiver] and hereby declare
that I accept the care and custody of the child.
[signature]
Director
Date:

[signature]
[prospective adoptive parent] [caregiver]
Date:

FORM 3
(regulation 10)

AGREEMENT FOR CONTINUING CONTACT


THIS AGREEMENT FOR CONTINUING CONTACT is made between:
[name of prospective adoptive mother] of [address] and
[name of prospective adoptive father] of [address]
AND
[name of mother] of [address]
[name of father] of [address]
[name of guardian] of [address],
in respect of [name of child] of [address] born on [date].
GENERAL:

We understand that—
1 this agreement is legally binding where it is made in accordance with section 14(2)

of the Adoption of Children Act 2006;

13

ADOPTION OF CHILDREN REGULATIONS 2013

2 we are not required to enter into this agreement for continuing contact in order that
an adoption order may be made;

3 this agreement may be made if it is in the best interests of the child to do so;
4 the Director is not a party to this agreement and has no power to enforce it;
5 any amendment or termination of this agreement has no effect on an adoption order;
6 this agreement grants the [mother] [father] [guardian] of the child the right to seek

legal enforcement of the provisions of this agreement through the court.


The child is 12 years of age or over and agrees to continuing contact with [his] [her] [mother]
[father] [guardian].
I agree to honour the spirit, intent, and terms of this agreement.
CONTACT:
13 Frequency of contact:
14 Arrangements for contact:
15 Limitation of contact:


COMMUNICATION:
16 Types of communication:
17 Arrangements for communication:
18 Limitation of communication:


AMENDMENT OR TERMINATION:
This agreement may be amended or terminated in writing by any of the parties to the
agreement.
OR
This agreement may be amended or terminated by any of the parties to the agreement on
the following terms and conditions—
(a) [blank];
(b) [blank];
(c) [blank];


Any amendment or termination of this agreement must be deposited with the Director and
the court.
DECLARATION AND SIGNATURES:

I obtained independent legal advice, pursuant to section 14(2)(a) of the Act, before entering
into this agreement.

[signatures]
of all parties to the agreement

14

ADOPTION OF CHILDREN REGULATIONS 2013

Date:

[signature]
witnesses
Date:


FORM 4
(regulation 11)

FORM OF CONSENT OF MOTHER, FATHER OR GUARDIAN AND ATTESTATION
I [name of mother] [name of father] [name of guardian] of [address] state that—
A I am the [mother] [father] [guardian] of [name of child] of [address] born on [date];
B I understand that [name] of [address] intends to apply for an adoption order in respect

of the child;
C I was counselled by [name of lawyer] of [address] on [date] and understand—

(i) the legal effect of giving my consent for an adoption, as provided for in section
41 of the Adoption of Children Act 2006;

(ii) that section 20(1) of the Adoption of Children Act 2006 provides that my consent
can be revoked by notice in writing to the Director before the expiration of 90
days commencing on the date I sign this consent form;

(iii) that section 20(2) of the Adoption of Children Act 2006 provides that upon the
expiration of the period of 90 days, I cannot revoke my consent and an adoption
order may be made;

D I was counselled by [name of professional counsellor] of [address] on [date] about—
(i) the alternatives to adoption;
(ii) the feasibility of keeping the child;

E the child is at least 6 weeks of age;
F I have not received payment or reward, or agreed to receive payment or reward, either

directly on indirectly from any person, either in Bermuda or outside Bermuda, to
procure or assist in procuring placement of the child for adoption, other than as
provided for under section 56(2) of the Adoption of Children Act 2006;

Accordingly, I hereby freely and voluntarily give my consent to the adoption of the child by
the applicant, and understand that this document will be used in the hearing of an
application for an adoption order as evidence of my consent to the adoption.
signature
[mother] [father] [guardian]
Date:

Attestation
I HEREBY CERTIFY that this form of consent was signed by the said [name of mother]
[name of father] [name of guardian] of [address] before me, [a Notary Public] [a person
authorized by law to administer an oath for any juridical or other legal purpose] [a British

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ADOPTION OF CHILDREN REGULATIONS 2013

Consular Officer] [an officer holding a commission in the regular armed forces of the Crown]
on [date].

[signature]
Date:
Full name:
Address:

FORM 5
(regulation 11)

FORM OF CONSENT FOR ADOPTION OF CHILD
BY SPOUSE OR RELATIVE AND ATTESTATION


I [name of mother] [name of father] [name of guardian] of [address] state that—
A I am the [mother] [father] [guardian] of [name of child] of [address] born on [date];
B [name] of [address] intends to apply for an adoption order in respect of the child;
C I am the [spouse] [relative] of the person who intends to apply for an adoption order;
D I was counselled by [name of lawyer] of [address] on [date] and understand—

(i) the legal effect of giving my consent for an adoption, as provided for in section
41 of the Adoption of Children Act 2006;

(ii) that section 20(1) of the Adoption of Children Act 2006 provides that my consent
can be revoked by notice in writing to the Director before the expiration of 90
days commencing on the date I sign this consent form;

(iii) that section 20(2) of the Adoption of Children Act 2006 provides that upon the
expiration of the period of 90 days, I cannot revoke my consent and an adoption
order may be made;

E the child is at least 6 weeks of age;
F I have not received payment or reward, or agreed to receive payment or reward, either

directly on indirectly from any person, either in Bermuda or outside Bermuda, to
procure or assist in procuring placement of the child for adoption, other than as
provided for under section 56(2) of the Adoption of Children Act 2006.

Accordingly, I hereby freely and voluntarily give my consent to the adoption of my child by
the applicant with the effect that the applicant jointly becomes a parent of the child with
me, and I understand that this document will be used in the hearing of an application for
an adoption order as evidence of my consent to the adoption.
signature
[spouse or relative of the applicant]
Date:

Attestation
I HEREBY CERTIFY that this form of consent was signed by the said [name of spouse or
relative of the applicant] of [address] before me, [a Notary Public] [a person authorized by
law to administer an oath for any juridical or other legal purpose] [a British Consular
Officer] [an officer holding a commission in the regular armed forces of the Crown] on [date].

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ADOPTION OF CHILDREN REGULATIONS 2013


[signature]:
Date:
Full name:
Address:

FORM 6
(regulation 11)

FORM OF CONSENT OF A CHILD AND ATTESTATION


I [name of child] of [address] state that—
A I am 12 years of age or over;
B I understand that [name] of [address] intends to make an application to the court to

adopt me;
C I was counselled by [name of lawyer] of [address] on [date] and understand—

(i) the legal effect of giving my consent for an adoption, as provided for in section
41 of the Adoption of Children Act 2006;

(ii) that section 20(1) of the Adoption of Children Act 2006 provides that my consent
can be revoked by notice in writing to the Director before the expiration of 90
days commencing on the date I sign this consent form;

(iii) that section 20(2) of the Adoption of Children Act 2006 provides that upon the
expiration of the period of 90 days, I cannot revoke my consent and an adoption
order may be made;

D I was counselled by [name of professional counsellor] of [address] on [date] about the
alternatives to adoption;

E I have not received payment or reward, or agreed to receive payment or reward, either
directly on indirectly from any person, either in Bermuda or outside Bermuda, to
procure or assist in procuring my placement for adoption, other than as provided for
under section 56(2) of the Adoption of Children Act 2006.

Accordingly, I hereby freely and voluntarily give my consent to be adopted by the applicant,
and understand that this document will be used in the hearing of an application for an
adoption order as evidence of my consent to the adoption.
signature
[child]
Date:

Attestation
I HEREBY CERTIFY that this form of consent was signed by the said [name of child] of
[address] before me, [a Notary Public] [a person authorized by law to administer an oath
for any juridical or other legal purpose] [a British Consular Officer] [an officer holding a
commission in the regular armed forces of the Crown] on [date].

[signature]:
Date:

17

ADOPTION OF CHILDREN REGULATIONS 2013

Full name:
Address:

FORM 7
(regulation 11)

FORM OF CONSENT OF THE DIRECTOR AND ATTESTATION


I [name of Director] of [professional address] state that—
A I am the Director of Child and Family Services, Hamilton, Bermuda;
B this consent form is in respect of [name of child] of [address] born on [date];
C I understand that [name] of [address] intends to apply for an adoption order in respect of

the child;
D the mother of the child is [name] of [address] born on [date];
E with respect to the father of the child—

(i) the father of the child is [name] of [address] born on [date];
(ii) no person has been named or registered as the father of the child, and 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] of [address] born on [date];

(iii) no person has been named or registered as the father of the child, and 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;

(delete paragraphs which are not applicable)
F the guardian of the child is [name] of [address] born on [date];
G section 15(6) of the Adoption of Children Act 2006 provides that a child is deemed to be

in the continuing custody of the Director if the child is in the care of the Director pursuant
to a care order made under Part 4 of the Children Act 1998;

H on [date] a care order was made by [court] placing the child in the care of the Director
pursuant to Part 4 of the Children Act 1998;

I pursuant to section 15(6) of the Act, on [date] the child was placed—
(i) with a relative or guardian of the child, as the child had been in the care of the

Director for at least six consecutive months without parental contact;
(ii) with a relative or guardian of the child, as 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 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;

(iii) with a suitable person, as the child had been in the care of the Director for at least
12 consecutive months without parental contact;

(iv) with a suitable person, as the parent or guardian of the child is deceased, or
otherwise unable or unwilling, within a reasonable period, to care for the child and

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ADOPTION OF CHILDREN REGULATIONS 2013

there is no other relative of the child willing or able to assume the care of the child
within a reasonable period;

(delete paragraphs which are not applicable)
J section 15(5) of the Adoption of Children Act 2006 provides that where a child is in the

continuing custody of the Director, the only consents required are the Director’s consent
and the chid’s consent, if the child is 12 years of age or over;

K section 20(1) of the Adoption of Children Act 2006 provides that my consent can be
revoked by notice in writing to the Director before the expiration of 90 days commencing
on the date I sign this consent form;

L section 20(2) of the Adoption of Children Act 2006 provides that upon the expiration of
the period of 90 days, I cannot revoke my consent and an adoption order may be made;

M I have not received payment or reward, or agreed to receive payment or reward, either
directly on indirectly from any person, either in Bermuda or outside Bermuda, to procure
or assist in procuring placement of the child for adoption, other than as provided for under
section 56(2) of the Adoption of Children Act 2006.

Accordingly, I hereby freely and voluntarily give my consent to the child being adopted by the
applicant.
signature
[Director]
Date:

Attestation
I HEREBY CERTIFY that this form of consent was signed by the said [name of Director] of
[professional address] before me, [a Notary Public] [a person authorized by law to administer
an oath for any juridical or other legal purpose] [a British Consular Officer] [an officer holding
a commission in the regular armed forces of the Crown] on [date].

[signature]:
Date:
Full name:
Address:

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ADOPTION OF CHILDREN REGULATIONS 2013

SCHEDULE 2

(regulation 9)

HOME STUDY: MATTERS INTO WHICH DIRECTOR MAY INQUIRE

1. Matters in respect of the prospective adoptive parents—
(a) reasons for wanting to adopt the child;
(b) medical and psychological assessments;
(c) psychiatric evaluation, if an evaluation is advised in the psychological

assessment;
(d) financial assessment;
(e) religious or spiritual beliefs;
(f) childhood relationships with parents and siblings;
(g) any significant childhood experiences;
(h) medical or psychological issues in respect of parents or siblings;
(i) relationship with spouse, marriage, and any other children of the family;
(j) level of education, occupation, and employment history;
(k) the home, including any results of a report of an Inspector of the Department

of Health in respect of the home;
(l) information about other members of the household;
(m) whether the prospective adoptive parent has had contact with any agency which

the Director deems relevant to the best interests of the child, including any
contact with Child and Family Services, and government or private agencies;

(n) character references from three people who have known both prospective
adoptive parents for a minimum of three years, and who are not family
members;

(o) intended approach to caring for, rearing, and disciplining the child;
(p) potentially harmful habits, such as smoking and other substance use;
(q) police clearance certificate.

2. Matters in respect of any children of the prospective adoptive parents—

(a) views of the child on the proposed adoption;
(b) schools being attended;
(c) progress at school;
(d) occupation;
(e) medical and psychological assessment;
(f) psychiatric evaluation, if an evaluation is advised in the psychological

assessment;
(g) Police clearance certificate.

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ADOPTION OF CHILDREN REGULATIONS 2013

3. Matters in respect of all other members of the household of the prospective adoptive
parent, if any—
(a) views of the household member on the proposed adoption;
(b) medical, physical, and psychological assessment;
(c) psychiatric evaluation, if any evaluation is advised in the psychological

assessment;
(d) level of education, occupation, and employment history;
(e) Police clearance certificate.

4. Matters with respect to close friends and associates of the prospective adoptive
parents—
(a) views of the friends and associates on the proposed adoption;
(b) medical, physical, or psychological issues;
(c) level of education, occupation, and employment history;
(d) Police clearance certificate.

5. Matters with respect to close extended family members (such as parents or siblings)
of the prospective adoptive parents—
(a) views of the close extended family member on the proposed adoption;
(b) medical, physical, or psychological issues;
(c) level of education, occupation, and employment history;
(d) Police Clearance Certificate.

6. Any matters relating to the educational course attended by the prospective adoptive
parent on parenting an adopted child.

7. Any other inquiries relevant or incidental to the matters provided for in paragraphs
1 to 6.

Made this 29th day of October 2013



Minister of Community, Culture and Sports

21

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