Adoption Rules 1961 Reprinted 1998

These rules may be cited as the Adoption Rules 1961 and shall come into force upon the same date as the Adoption Ordinance 1960, shall come into operation.

All proceedings other than criminal prosecutions under Part V of the Ordinance shall be disposed of in Chambers.

If any person proposing to apply for an adoption order wishes his identity to be kept confidential, he may, before filing his application, apply to the Registrar of the Court for a serial number to be assigned to him for the purpose of the proposed application, and the

Registrar of the Court shall assign a number to him accordingly.

If it appears that the applicant has previously made an application to the Court for an adoption order in respect of the same infant and that the Court, having heard the case, has dismissed the application on its merits, the Court shall not proceed with the

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application unless satisfied that there has been a substantial change of circumstances since the previous application.

Where the guardian ad litem reports to the Court that in his opinion the infant is able to understand the nature of an adoption order, the Registrar of the Court shall serve on the applicant a notice in Form 5, and shall in any event do so if the Court so directs.

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The Court shall not make an adoption order or an interim order except after the personal attendance before it of the applicant and the guardian ad litem:

Provided that where the application is made by two spouses jointly, the Court may dispense with the personal attendance of one of the applicants.

Where the applicant has been served with a notice in Form 5 the Court shall not make an adoption order or an interim order unless –

If a serial number has been assigned to the applicant under rule 5 of these Rules, the proceedings shall be conducted with a view to securing that he is not seen by or made known to any respondent who is not already aware of his identity, except with his consent.

The Director may appear and be heard by any public officer authorised by him in that behalf.

The affidavit verifying the application for an adoption order shall be received as evidence in support of the application, and all evidence in support of or in opposition to the making of an adoption order may be given by affidavit unless the Court shall otherwise direct.

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The Registrar of the Court shall not supply a copy of an adoption order or of an interim order except –

Where an adoption order is made or refused or an interim order made, the

Registrar of the Court shall serve notice to that effect on all parties who were not present when the order was made or refused.

All documents relating to proceedings under the Ordinance shall, while they are in the custody of the Court, be kept in a place of special security.

SERVICE OF DOCUMENTS

for leave to remove the infant from the care and possession of the applicant shall be made personally to the Court, and notice thereof shall be served on the guardian ad litem.

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

APPLICATION OF PRACTICE, FEES AND COSTS

Registrar under the provisions of section 15 of the Adoption Ordinance 1960 shall be governed, with the necessary modifications, by the provisions of the Rules for the time being relating to appeals in civil proceedings from the Courts of Magistrates to the High

Court.

Subject to these Rules, the practice and procedure of the High Court in its original jurisdiction shall apply to proceedings under the Ordinance.

The fee for filing an application for an adoption order together with the supporting affidavit and documents shall be twenty ringgit.

Where a respondent appears before the Court and opposes an application for an adoption order, the costs shall be in the discretion of the Court as regards the party by whom they are to be paid, as if the applicant were a plaintiff in a civil suit, and the respondent a defendant.

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FIRST SCHEDULE

Form No. 1

Rule 4 (1)

APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT (1)

IN THE HIGH COURT IN SABAH AND SARAWAK

Adoption Application No. of

In the Matter of Adoption Ordinance 1960

and

In the Matter of A.B. (2) an infant.

[6. The guardian of the infant is H.K. of /The guardians 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).

[9. I/We request the Court to dispense with the consent of the said (9)

on the following grounds ].

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[12. For the purpose of my/our application reference may be made to N.O. of

] (10).

[except as follows ].

Court at on the day of , 19 , which was dealt with as follows ].

Dated this day of , 19 .

(Usual signature of applicant/applicants)

ANNEX TO FORM No. 1

PARTICULARS OF C.D.

Name in full (Block capitals) ……………………………………..…………………………………….…

Address …………………………………………………………………………………..…………………

Occupation …………………………………………………………………….………………………..…

Date of Birth ……………………………………………………………………..…………………………

Relationship (if any) to the infant ……………………….…………………………………………….…

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PARTICULARS OF E.D.

Name in full (Block capitals) ……………………………………………………………………………..

Address …………………………………………………….………………………………………….…...

Occupation ……………………………………………………………………………….…………….…..

Date of Birth ……………………………………………………………………………………………..…

Relationship (if any) to the infant ……………………………………..………………………………...

Notes -

otherwise enter the names by which the infant was known at the time of the application.

Children’s Register must be attached, and not a certified copy of the original entry in the register of births; the particulars given should relate to the parent or parents by adoption and not to the natural parent or parents.

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Form No. 2

Rule 4 (4)

NOTICE OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT

(Seal)

To of

SCHEDULE TO FORM NO. 6

Date (5) and country of birth of child

Name and surname of child (6)

Sex of child

Name & surname, address &

occupation of adopter or adopters

Date of adoption order

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 register of births;

(b)

if the infant has previously been adopted.

(3)

Delete “probable” where the precise date of the infant’s birth has been proved.

(4)

Delete except where the infant has been previously adopted.

(5)

Where the probable date of birth is specified in the body of the order, enter the date without qualification. If the infant is of twins, include, if possible, the hour as well as date of birth.

(6)

Where there is a change, enter only the names by which the infant is known.

Form No. 7

Rule 17 (2)

INTERIM ORDER IN RESPECT OF AN INFANT

Application having been made by C.D. by occupation resident at

[and E.D. his wife] (hereinafter called the applicant/applicants) for an order under the Adoption

Ordinance 1960 authorising him/her/them to adopt A.B. an infant, the child/adopted child of

F.B./F.B. and G.B.;

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And the said A.B. (hereinafter called the infant) being of sex, and never having been married;

And the applicant/one of the applicants having attained the age of twenty-five years and being at least twenty-one years older than the infant/ having attained the age of twenty-one years and being a relative of the infant within the meaning of the said Ordinance/

being the mother/father of the infant;

And all the consents required by the said Ordinance 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 19 , by way of a probationary period, upon the following terms, namely and that the applicant/applicants shall at least two months before that date apply for final determination of the application.

[And as regards costs it is ordered that ]

Dated the day of 19 .

Judge

Form No. 8

Rule 20 (2)

NOTICE OF FURTHER HEARING OF AN APPLICATION FOR AN

ADOPTION ORDER TO BE SERVED ON THE APPLICANT

(Seal)

To of

Whereas an application has been made by you for an order under the Adoption Ordinance 1960 authorising you to adopt the above-named infant;

And whereas the determination of the said application was postponed and an interim order was made by the Court on the 19 ;

Take notice that the said application will be further heard before the Court on the 19 , at the hours of in the noon;

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[And take notice that no order can be made unless the infant is present at the further hearing] (1)

Dated the day of 19

Registrar

Note -

or where the Court otherwise directs.

Form No. 9

Rule 20 (2)

NOTICE OF FURTHER HEARING OF AN APPLICATION FOR AN

ADOPTION ORDER IN RESPECT OF AN INFANT

(Seal)

To of

Whereas an application for an order under the Adoption Ordinance 1960 authorising the adoption of A.B., (1) an infant of the sex born on the 19 , was made by [C.D./C.D. and E.D.] (2) or [under the serial number ];

And whereas of was appointed guardian ad litem of the said infant;

Take notice –

A.

(3)

[That the said application will be further heard by the Court on the 19 , 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 wish to attend and show cause why the adoption order should not be made, you should give notice to the Court on or before 19 , in order that a date and time may be fixed for your attendance].

The slip below should be completed and returned to the Court.

Dated the day of 19 .

Registrar

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Notes –

In that case complete the second entry in square brackets.

……………………………………………… Perforation ………………………………………………

To the Registrar of the High Court.

I have received notice of the further hearing of the application for an adoption order in respect of A.B., an infant.

(a)

I do not wish to oppose the application

OR

(b)

I wish to attend and show cause why the adoption order should not be made.

Delete (a) of (b)

………………………….

(Signature)

………………………….

(Address)

…………………………..

(Date)

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SECOND SCHEDULE

Rule 9

ADDITIONAL MATTERS SUBJECT TO INVESTIGATION

AND REPORT BY GUARDIAN Ad Litem

Part I

THE APPLICANTS

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 the two spouses –

(a)

whether the other spouse consents to the application; and

(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 application 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 any age to understand the effect of an adoption order) wishes the order to be made.

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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, if the infant is legitimate, the father, or if the infant is illegitimate, the person (if any) adjudged by the order of any Court to be the putative father of the infant, or if an agreement has been made to contribute to the maintenance of the infant by a person acknowledging himself to be the father of the infant, whether that person consents to the adoption.

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

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

16. 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.

17. Where the application 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.