Adoption Act (Gibraltar)

Adoption Act

Published: 1951-12-14

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Adoption

1951-19

ADOPTION ACT

Principal Act

Act. No. 1951-19 Commencement 14.12.1951

Enactment 7.12.1951

Amending

enactments

Relevant current

provisions

Commencement

date

Acts. 1962-15 s.7(2) 31.5.1962

1971-16 s.4 23.12.1971

1972-06 – 1.9.1972

1980-04 s.19(3) 1.6.1980

1983-48 s. 10(2) 31.12.1983

2007-17 ss. 5(5), 19(1) & (3) 14.6.2007

2014-10 s. 5(2) 28.3.2014

Rules of court made under s.3(2) and under other powers appear under the

title Supreme Court.

English sources

Adoption of Children Act 1926 (16 & 17 Geo. 5 c.29)

Adoption of Children (Regulation) Act 1939 (2 & 3 Geo. 6 c.27)

Adoption of Children Act 1949 (12, 13 & 14 Geo. 6 c.98)

Adoption Act 1958 (7 Eliz. 2 c.5)

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ARRANGEMENT OF SECTIONS.

Section

Preliminary.

1. Short title.

2. Interpretation.

Jurisdiction and procedure.

3. Jurisdiction and procedure.

4. Service of notices.

Preconditions to adoption.

5. Who may apply.

6. Consents.

7. Probationary period.

8. Matters on which the court must be satisfied.

Evidence.

9. Evidence of paternity.

Power to make orders.

10. Adoption orders.

11. Interim orders.

12. Re-adoption.

Terms and effect of orders.

13. Terms that may be imposed.

14. Effect of adoption order.

15. Devolution and disposal of property.

16. Supplementary provisions as to inheritance, etc.

17. Prohibited degrees for marriage.

18. Effect on maintenance orders.

Registration.

19. Appointment of Registrar.

20. Adoption Register.

21. Directions as to registration.

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Restrictions and prohibitions.

22. Restrictions on payments.

23. Prohibition of advertising.

24. Restriction on sending minors for adoption abroad.

SCHEDULE.

Form of Entry to be made in Register.

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1951-19

Adoption

1951-19

AN ACT TO CONSOLIDATE THE LAW RELATING TO THE

ADOPTION OF MINORS.

Preliminary.

Short title.

1. This Act may be cited as the Adoption Act.

Interpretation.

2. (1) In this Act, unless the context otherwise requires,–

“adopter” means a person who has been authorized to adopt a minor;

“adoption order” means an order made under section 10 authorizing an

applicant to adopt a minor;

“court” means a court having jurisdiction to make adoption orders;

“father”, in relation to an illegitimate minor, means the natural father;

“guardian”, in relation to a minor, means any person lawfully appointed to

be that minor’s guardian;

“register” means the Adoption Register;

“Registrar” means the officer appointed under this Act to keep the

Adoption Register;

“relative”, in relation to a minor means a grandparent, brother, sister,

uncle or aunt, whether of the full blood, of the half-blood or by

affinity, and includes–

(a) where an adoption order has been made in respect of the minor

or any other person, any person who would be a relative of the

minor within the meaning of this definition if the adopted

person were the child of the adopter born in lawful wedlock;

and

(b) where the minor is illegitimate, the father of the minor and any

person who would be a relative of the minor within the meaning

of this definition if the minor were the legitimate child of his

mother and father.

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1951-19

(2) For the purposes of this Act, a person shall be deemed to make

arrangements for the adoption of a minor if he, not being the parent or

guardian of the minor, enters into or makes any agreement or arrangement

for, or for facilitating, the adoption of the minor by any other person,

whether the adoption is effected, or is intended to be effected, in pursuance

of an adoption order or otherwise, or if he initiates or takes part in any

negotiations of which the purpose or effect is the conclusion of any

agreement or the making of any arrangement therefor, or if he causes another

so to do.

Jurisdiction and procedure.

Jurisdiction and procedure.

3. (1) The court having jurisdiction to make adoption orders under this Act

is the Supreme Court or, at the option of the applicant, but subject to any

rules of court under this section, the magistrates’ court.

(2) The Chief Justice may make rules of court in regard to any matter to

be prescribed under this Act and directing the manner in which 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.

(3) For the purpose of any application under this Act and subject to any

rules of court under this section, the court shall appoint some person or body

to act as guardian ad litem of the minor upon the hearing of the application,

with the duty of safeguarding the interests of the minor before the court.

(4) Until such rules take effect, any rules from time to time in force in

England shall have effect, so far as applicable, as if duly made under the

provisions of the Act.

Service of notices.

4. Any notice under this Act may be served by registered post.

Preconditions to adoption.

Who may apply.

5. (1) Subject to subsection (2), an adoption order shall not be made unless

the applicant–

(a) is the mother or father of the minor;

(1926 c.29, s.8).

(1958 c.5, s.2;

1926 c.29, s.2;

1949 c.98, s.3).

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1951-19

(b) is a relative of the minor and has attained the age of twenty-one

years; or

(2) An adoption order may be made in respect of a minor on the joint

application of two spouses or two civil partners –

(a) if either of the applicants is the mother or father of the minor,

(b) if the condition set out in paragraph (b) or paragraph (c) of

subsection (1) is satisfied in the case of one of the applicants,

and the other of them has attained the age of twenty-one years.

(3) Except where an adoption order is made on the joint application of

two spouses, no adoption order shall be made authorizing more than one

person to adopt a minor.

(4) An adoption order shall not be made in respect of a minor who is a

female in favour of a sole applicant who is a male, unless the court is

satisfied that there are special circumstances which justify as an exceptional

measure the making of an adoption order.

(5) An adoption order shall not be made in favour of an applicant who is

not resident and domiciled in Gibraltar or, save with the consent of the

Minister responsible for personal status, in respect of any minor who is not a

British subject and so resident.

(6) An adoption order shall not be made in respect of a minor who has

been married.

Consents required.

6. (1) An adoption order shall not be made except with the consent of

every person or body who is a parent or guardian of the minor, or who is

liable by virtue of any order or agreement to contribute to the maintenance of

the minor:

Provided that the court may dispense with any consent required by this

subsection if it is satisfied–

(a) in the case of a parent or guardian of the minor that he has

abandoned, neglected or persistently ill-treated the minor;

(b) in the case of a person liable to contribute to the maintenance of

the minor that he has persistently neglected or refused so to

contribute; or

(1949 c.98, s.3).

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1951-19

found, or is incapable of giving his consent or that his consent is

unreasonably withheld.

(2) An adoption order shall not be made upon the application of one of

two spouses without the consent of 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 or that the spouses

have separated and are living apart and that the separation is likely to be

permanent.

(3) The consent of any person to the making of an adoption order in

pursuance of an application may be given (either unconditionally or subject

to conditions with respect to the religious persuasion in which the minor is to

be brought up) without knowing the identity of the applicant for the order;

and where consent so given by any person is subsequently withdrawn on the

ground only that he does not know the identity of the applicant, his consent

shall be deemed for the purposes of this section to be unreasonably withheld.

(4) Where any person whose consent to the making of an adoption order

is required by this section does not attend in the proceedings for the purpose

of giving it, a document signifying his consent to the making of such an order

shall, if the person in whose favour the order is to be made is named or

otherwise described in the document, be admissible as evidence of that

consent, whether the document is executed before or after the

commencement of the proceedings; and where any such document is attested

by a justice of the peace (or, if executed outside Gibraltar, by a person of any

such class as may be prescribed), the document shall be so admissible

without further proof of the signature of the person by whom it is executed:

Provided that the document signifying the consent of the mother of a minor

shall not be so admissible unless–

(a) the minor is at least six weeks old on the date of the execution

of the document; and

(b) the document is attested on that date by a justice of the peace

or, as the case may be, by a person of a class prescribed as

aforesaid.

(5) While an application for an adoption in respect of a minor is pending

in any court, any parent or guardian of the minor who has signified his

consent to the making of an adoption order in pursuance of the application

shall not be entitled, except with the leave of the court, to remove the minor

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1951-19

from the care and custody of the applicant; and in considering whether to

grant or refuse such leave the court shall have regard to the welfare of the

minor.

(6) For the purposes of subsection (3), a document purporting to be

attested as mentioned in that subsection shall be deemed to be so attested,

and to be executed and attested on the date and at the place specified therein,

unless the contrary is proved.

Probationary period.

7. An adoption order shall not be made unless–

(a) the minor has been continuously in the care and custody of the

applicant for at least three consecutive months immediately

preceding the date of the order; and

(b) the applicant has, at least three months before the date of the

order, notified a welfare officer of his intention to apply for an

adoption order in respect of the minor.

Matters on which the court must be satisfied.

8. (1) The court before making an adoption order shall be satisfied–

(a) that every person whose consent is necessary under this Act and

whose consent is not dispensed with has consented to and

understands the nature and effect of the adoption order for

which application is made, and in particular in the case of any

parent, understands that the effect of the adoption order will be

permanently to deprive him or her of his or her parental rights;

(b) that the order if made will be for the welfare of the minor;

no person has made or given, or agreed to make or give to the

applicant, any payment or other reward in consideration of the

adoption except such as the court may sanction.

(2) In determining whether an adoption order if made will be for the

welfare of the minor the court shall have regard (among other things) to the

health of the applicant as evidenced, in such cases as may be prescribed, by

the certificate of a medical practitioner and shall give due consideration to

the wishes of the minor having regard to his age and understanding.

Evidence.

(1926 c.29, s.3;

1958 c.5, s.7).

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1951-19

Evidence of paternity.

9. (1) Where, in connection with any application for an adoption order, any

question arises as to the paternity of a minor and, in order to decide that

question, it is relevant to determine whether marital intercourse took place

between a husband and his wife during a particular period, evidence that

such intercourse did not take place may be given in the proceedings on the

application by either of the parties concerned.

(2) A person who has given such evidence in any proceedings by virtue

of this section may give the like evidence in any subsequent proceedings of

whatever nature in which that evidence is relevant.

Power to make orders.

Adoption order.

10. Upon an application in the prescribed manner by any person desirous of

being authorized to adopt a minor who has never been married, the court

may, subject to the provisions of this Act, make an order authorizing the

applicant to adopt that minor.

Interim orders.

11. (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 minor to the applicant for a period not exceeding two years by

way of a probationary period upon such terms as regards provision for the

maintenance and education and supervision of the welfare of the minor 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.

(3) An interim order shall not be made unless the conditions are satisfied

that are required under section 7 for an adoption order.

Re-adoption.

12. An adoption order or an interim order may be made in respect of a minor

who has already been the 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 minor for all the purposes of this Act.

(1949 c.98, s.4).

(1926 c.29, s.1).

(1926 c.29, s.6).

(1926 c.29, s.7).

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1951-19

Terms and effect of orders.

Terms that may be imposed.

13. The court in an adoption order may impose such terms and conditions as

the court may think fit and in particular may require the adopter by bond or

otherwise to make for the adopted person such provision (if any) as in the

opinion of the court is just and expedient.

Effect of adoption order.

14. (1) Upon an adoption order being made, all rights, duties, obligations

and liabilities of the parent or parents, guardian or guardians of the adopted

person in relation to the future custody, maintenance and education of the

adopted person including all rights to appoint a guardian or to consent or

give notice of dissent to marriage shall be extinguished, and all such rights,

duties, obligations and liabilities shall vest in and be exercisable by and

enforceable against the adopter as though the adopted person were a child

born to the adopter in lawful wedlock, and in respect of the same matters

and in respect of the liability of a child to maintain his parents the adopted

person shall stand to the adopter exclusively 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 aforesaid and for the purpose of the

jurisdiction of any court to make orders as to the custody and maintenance of

and right of access to children stand to each other and to the adopted person

in the same relation as they would have stood if they had been the lawful

father and mother of the adopted person, and the adopted person shall stand

to them respectively in the same relation as a child would have stood to a

lawful father and mother respectively.

(2) Where an adopted person or the spouse or issue of an adopted

person takes any interest in real or personal property under a disposition by

the adopter, or where an adopter takes any interest in real or personal

property under a disposition by an adopted person or the spouse or issue of

an adopted person, any estate duty or other duty payable in consequence of

death which becomes leviable in respect thereof shall be payable at the same

rate as if the adopted person had been a child born to the adopter in lawful

wedlock.

(3) For the purposes of this section, “disposition” means an assurance of

any interest in property by any instrument whether inter vivos or by will.

(4) For the purposes of the enactments relating to friendly societies,

collecting societies and industrial assurance companies, which enable such

societies and companies to insure money to be paid for funeral expenses, and

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1951-19

which restrict the persons to whom money may be paid on the death of a

child under the age of ten, the adopter shall be deemed to be the parent of

the adopted person and where before the adoption order was made any such

insurance had been effected by the natural parent of the adopted person the

rights and liabilities under the policy shall by virtue of the adoption order be

transferred to the adopter, and the adopter shall, for the purposes of those

enactments, be treated as the person who took out the policy.

Devolution and disposal of property.

15. (1) The provisions of this and the next following section shall have effect

for securing that adopted persons are treated as children of the adopters for

the purposes of the devolution or disposal of real and personal property.

(2) Where, at any time after the making of an adoption order the adopter

or the adopted person or any other person dies intestate in respect of any real

or personal property (other than property subject to an entailed interest

under a disposition made before the date of the adoption order) that property

shall devolve in all respects as if the adopted person were the child of the

adopter born in lawful wedlock and were not the child of any other person.

(3) In any disposition of real or personal property made whether by

instrument inter vivos or by will after the date of an adoption order–

(a) any reference (whether express or implied) to the child or

children of the adopter shall be construed as, or as including, a

reference to the adopted person;

(b) any reference (whether express or implied) to the child or

children of the adopted person’s natural parents or either of

them shall be construed as not being, or as not including, a

reference to the adopted person; and

to the adopted person in any degree shall be construed as a

reference to the person who would be related to him in that

degree if he were the child of the adopter born in lawful

wedlock and were not the child of any other person,

unless the contrary intention appears.

(4) Where under any disposition any real or personal property or any

interest in such property is limited (whether subject to any preceding

limitation or charge or not) in such a way that it would, apart from this

section, devolve (as nearly as the law permits) along with a dignity or title of

honour, then, whether or not the disposition contains an express reference to

the dignity or title of honour, and whether or not the property or some

(1949 c.98, s.9).

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1951-19

interest in the property may in some event become severed therefrom,

nothing in this section shall operate to sever the property or any interest

therein from the dignity, but the property or interest shall devolve in all

respects as if this section had not been enacted.

(5) References in this section to an adoption order shall be construed as

including references to an adoption order made before the date of the

commencement of this Act; but nothing in this section shall affect the

devolution of any property on the intestacy of a person who died before that

date, or any disposition made before that date.

Supplementary provisions as to inheritance, etc.

16. (1) For the purposes of the application of the Administration of Estates

Act 1 to the devolution of any property in accordance with the provisions of

section 15, and for the purposes of the construction of any such disposition

as is mentioned in that section, an adopted person shall be deemed to be

related to any other person being the child or adopted child of the adopter or

(in the case of a joint adoption) of either of the adopters–

(a) where he or she was adopted by two spouses jointly, and that

other person is the child or adopted child of both of them, as

brother or sister of the whole blood; or

(b) in any other case, as brother or sister of the half-blood.

(2) Notwithstanding any rule of law, a disposition made by will executed

before the date of an adoption order shall not be treated for the purposes of

section 15 as made after that date by reason only that the will is confirmed by

a codicil executed after that date.

(3) Notwithstanding anything in section 15, trustees or personal

representatives may convey or distribute any real or personal property to or

among the persons entitled thereto, without having ascertained that no

adoption order has been made by virtue of which any person is or may be

entitled to any interest therein, and shall not be liable to any such person of

whose claim they have not had notice at the time of the conveyance or

distribution; but nothing in this subsection shall prejudice the right of any

such person to follow the property, or any property representing it, into the

hands of any person who may have received it, other than a purchaser.

(4) Where an adoption order is made in respect of a person who has been

previously adopted, the previous adoption shall be disregarded for the

purposes of section 15 in relation to the devolution of any property on the

1 1933-02

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death of a person dying intestate after the date of the subsequent adoption

order and in relation to any disposition of property made after that date.

Prohibited degrees of marriage.

17. For the purposes of the law relating to marriage an adopter and the

person whom he has been authorized to adopt under an adoption order,

whether made before or after the commencement of this Act, shall be

deemed to be within the prohibited degrees of consanguinity; and the

provisions of this subsection shall continue to have effect notwithstanding

that some person other than the adopter is authorized by a subsequent order

to adopt the same minor:

Provided that nothing in this subsection shall invalidate any marriage which

was solemnized before the 14th day of December 1951.

Effect on maintenance orders.

18. Where an adoption order is made in respect of a minor who is

illegitimate, any maintenance order in force with respect to the minor, and

any agreement whereby the father of the minor has undertaken to make

payments specifically for the benefit of the minor shall cease to have effect,

but without prejudice to the recovery of any arrears which are due under the

maintenance order or the agreement at the date of the adoption order:

Provided that where the minor is adopted by his mother, and the mother is

a single woman, the order or agreement shall not cease to have effect by

virtue of this subsection upon the making of the adoption order but shall

cease to have effect if she subsequently marries.

Registration.

Appointment of Registrar.

19. (1) The Government shall appoint a Registrar who shall have the custody

and control of the Adoption Register.

(2) Unless and until any appointment is made the Registrar of Births and

Deaths shall be the Registrar for the purposes of this Act.

(3) The Government may appoint one or more Assistant Registrars, and

any Assistant Registrar so appointed may, subject to any directions given to

him by the Registrar, exercise all the powers and perform all the duties of the

Registrar.

Adoption Register.

(1949 c.98,

s.11(1)).

(1949 c.98,

s.11(2)).

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20. (1) The Registrar shall establish and maintain in his office a register to be

called the Adoption Register, in which shall be made such entries as may be

directed to be made therein by adoption orders, but no other entries.

(2) The Registrar of the Supreme Court or, in the case of orders made by

the magistrates’ court, the clerk to the justices, shall cause every adoption

order to be communicated to the Registrar, and upon receipt of such

communication the Registrar shall cause compliance to be made with the

directions contained in such order in regard both to marking any entry in the

appropriate entry in the Adoption Register.

(3) A certified copy of any entry in the Adoption Register if purporting

to be sealed or stamped with the seal of the registrar shall, without any

further or other proof of such entry–

(a) where the entry does not contain any record of the date of the

birth of the adopted person be received as evidence of the

adoption to which the same relates; and

(b) where the entry contains a record of the date of the birth or the

country of the birth of the adopted person, be received not only

as evidence of the adoption to which the same relates but also

as evidence of the date of the birth or the country of the birth of

the adopted person to which the same relates in all respects as

though the same were a certified copy of an entry in the

(4) The Registrar shall cause an index of the Adoption Register to be

made and kept in his office, and every person shall be entitled to search such

index and to have a certified copy of any entry in the Adoption Register in all

respects upon, and subject to the same terms, conditions and regulations as

to payment of fees and otherwise as are applicable under the Births and

Deaths Registration Act in respect of searches in other indexes kept in the

office of the Registrar and in respect of the supply from such office of

certified copies of entries in the certified copies of the Register of Births and

Deaths.

Directions as to registration.

21. (1) Every adoption order shall contain a direction to the Registrar to

make in the Adoption Register an entry in the form set out in the Schedule,

and (subject to the provisions of subsection (2)) shall specify the particulars

to be entered under the headings in columns 2 to 6 of that Schedule.

(2) For the purposes of compliance with the requirements of subsection

(1)–

(1926 c.29, s.11).

(1940 c.98, s.12).

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(a) where the precise date of the minor’s birth is not proved to the

satisfaction of the court, the court shall determine the probable

date of his birth and the date so determined shall be specified in

the order as the date of his birth, and

(b) where the name or surname which the minor is to bear after the

adoption differs from his original name or surname, the new

name or surname shall be specified in the order instead of the

original,

and where the country of the birth of the minor is not proved to the

satisfaction of the court, the particulars of that country may, notwithstanding

anything in that subsection, be omitted from the order and from the entry in

the Adoption Register.

(3) Where upon an application for an adoption order in respect of a

minor (not being a minor who has previously been the subject of an adoption

order) there is proved to the satisfaction of the court the identity of the

minor with a person to whom an entry in the register of births relates, any

adoption order made in pursuance of the application shall contain a direction

to the Registrar to cause the entry in the Register of Births to be marked

with the word “adopted”.

(4) Where an adoption order is made in respect of a minor who has

previously been the subject of an adoption order, the order shall contain a

direction to the Registrar to cause the previous entry in the Adoption

(5) Where an adoption order is quashed, or an appeal against an

adoption order allowed, the court which made the order shall give directions

to the Registrar to cancel any marking of an entry in the Register of Births

and any entry in the Adoption Register which was effected in pursuance of

the order.

(6) A copy of any entry in the Register of Births or the Adoption

deemed to be an accurate copy if and only if both the marking and the

cancellation are omitted therefrom.

(7) The court by which an adoption order has been made may, on the

application of the adopter or of the adopted person, amend the order by the

correction of any error in the particulars contained therein; and where an

adoption order is so amended the prescribed officer of the court shall cause

the amendment to be communicated in the prescribed manner to the

Registrar and any necessary correction of or addition to the Adoption

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(8) In the case of an adoption order made before the commencement of

this Act, the power of the court under subsection (7) shall include power to

amend the order–

(a) by the insertion of the country of the adopted person’s birth;

and

(b) (where the order does not specify a precise date as the date of

the adopted person’s birth) by the insertion of the date which

appears to the court to be the date or probable date of his birth,

and the provisions of that subsection shall have effect accordingly.

Restrictions and prohibitions.

Restriction on payments.

22. (1) It shall not be lawful for any adopter or for any parent or guardian

except with the sanction of the court to receive any payment or other reward

in consideration of the adoption of a minor under this Act or for any person

to make or give or agree to make or give to any adopter or to any parent or

guardian any such payment or reward.

(2) Subject to the provisions of this Act, it shall not be lawful for any

person who makes arrangements for an adoption to receive or agree to

receive, or to make or agree to make, any payment or reward whatsoever in

connection with the making of the arrangement:

Provided that this subsection shall not apply to any payments the receipt or

making whereof is sanctioned by the court to which an application for an

adoption order is made, or to any agreement, whether entered into before or

after the making of the application, with respect to the receipt or making of

any such payments as may be so sanctioned.

(3) A person who contravenes the provisions of this section is guilty of

an offence and is liable on summary conviction to imprisonment for six

months and to a fine of £200.

Prohibition of advertising.

23. (1) It shall not be lawful for any advertisement to be published indicating

that–

(a) the parent or guardian of a minor is desirous of causing the

minor to be adopted; or

(1926 c.29, s.9;

1939 c.27, s.9).

(1939 c.27, s.10).

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(b) a person is desirous of adopting a minor; or

minor.

(2) A person who causes to be published, or knowingly publishes, an

advertisement in contravention of the provisions of this section is guilty of an

offence and is liable on summary conviction to a fine of £50.

Restriction on sending minors for adoption abroad.

24. (1) It shall not be lawful for any person, in connection with any

arrangements made for the adoption of a minor who is a British subject to

permit, or to cause or procure, the care and possession of the minor to be

transferred to a person who is not a British subject or the guardian or a

relative of the minor and who is resident abroad.

(2) It shall not be lawful for any person, in connection with any such

arrangements to permit or to cause or procure the care and possession of

such a minor to be transferred to a person who is a British subject resident

abroad, and who is not the guardian or a relative of the minor, unless a

licence has been granted in respect of the minor under this section.

(3) The magistrates’ court may grant a licence in the prescribed form,

and subject to such conditions and restrictions as the magistrates’ court

thinks fit, authorizing the care and possession of a minor whose adoption

arrangements have been made to be transferred to a British subject resident

abroad, but no such licence shall be granted unless the magistrates’ court–

(a) be satisfied that the application is made by or with the consent

of every person or body who is a parent or guardian of the

minor in question, or who has the actual custody of the minor

or who is liable to contribute to the support of the minor; and

(b) is satisfied by a report of a British consular officer or any other

person who appears to the magistrates’ court to be trustworthy,

that the person to whom the care and possession of the minor is

proposed to be transferred is a suitable person to be entrusted

therewith, and that the transfer is likely to be for the welfare of

the minor, due consideration being for this purpose given to the

wishes of the minor, having regard to the age and understanding

of the minor:

Provided that the magistrates’ court may dispense with the consent

required by paragraph (a) if the magistrates’ court is satisfied that the person

whose consent is to be dispensed with has abandoned or deserted the minor

or cannot be found or is incapable of giving such consent or, being a person

(1939 c.27, s.11).

Adoption

1951-19

liable to contribute to the support of the minor, either has persistently

neglected or refused to contribute to such support, or is a person whose

consent ought, in the opinion of the magistrates’ court and in all the

circumstances of the case, to be dispensed with.

(4) Where the magistrates’ court grants a licence under this section, it

may authorize the making or receipt by any person of any payments in

consideration of the transfer of the care and custody of the minor in respect

of whom the licence is granted and any person who gives or receives any

payments so authorized shall not be deemed to contravene the provisions of

section 22.

(5) The Chief Justice may make rules of court with respect to the

application for, and grant of, licences under this section.

(6) A person who contravenes the provisions of this section is guilty of

an offence and is liable on summary conviction to imprisonment for six

months and to a fine of £50.

(7) In any proceedings under this section, a report by a British consular

officer or a deposition made before a British consular officer and

authenticated under the signature of that officer shall, upon proof that the

officer or deponent cannot be found in Gibraltar, be admissible in evidence,

and it shall not be necessary to prove the signature or official character of the

person who appears to have signed any such report or deposition.

Adoption

1951-19

Section 21

SCHEDULE

Form of Entry to be Made in Register

No.

entry

Date

and

Country

of birth

of minor

Name and

surname of

minor

Sex of

minor

Name and

surname,

address and

occupation of

adopter or

adopters

Date of

adoption order

and description

of court by

which made

Date of entry

Signature of officer

deputed by Registrar

to attest the entry