CHAPTER 54 - ADOPTION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Adoption Societies Regulations

Adoption (Transfer Abroad) Regulations

Adoption (Forms) Regulations

Adoption Rules

Adoption (Fees) Regulations

ADOPTION SOCIETIES REGULATIONS

[Section 37]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Application for registration

   3.   Registration fee

   4.   Duties of adoption society prior to acceptance of infant

   5.   Duties of adoption society prior to placement

   6.   Duties of case committee

   7.   Annual reports of adoption society to be sent to Commissioner for Juvenile Welfare

   8.   Care of infants accepted by adoption society

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

[Regulations by the Minister]

Act 13 of 1994,

GN 192 of 1956.

 

1.   Title

These Regulations may be cited as the Adoption Societies Regulations.

 

2.   Application for registration

Every application for the registration of an adoption society under section 19 of the Act shall be made in the form, and shall give the particulars, set out in the First Schedule.

 

3.   Registration fee

The registration fee to be paid by an adoption society to the Commissioner for Juvenile Welfare shall be 75 fee units.

[Am by Act 13 of 1994.]

 

4.   Duties of adoption society prior to acceptance of infant

Where the parent or guardian of a child proposes to place an infant at the disposition of a registered adoption society with a view to the infant’s adoption, the society—

      (a)   shall furnish the parent or guardian with a memorandum in the form set out in the Second Schedule; and

      (b)   shall not accept the infant unless the parent or guardian has signed and delivered to the society a certificate (which the society shall retain) in the form set out in the Second Schedule, that he has read and understood the said memorandum.

 

5.   Duties of adoption society prior to placement

In the case of every infant proposed to be delivered by or on behalf of a registered adoption society into the care and possession of an adopter—

      (a)   the society shall make inquiries and obtain reports on the points set out in the Third Schedule; and the report obtained on the health of the infant shall be signed by a duly qualified medical practitioner; and

      (b)   the case shall be considered by a committee (to be called a "case committee") appointed by the society for the purpose and consisting of not less than three persons.

 

6.   Duties of case committee

No infant shall be delivered into the care and possession of an adopter by or on behalf of a registered adoption society until—

      (a)   the adopter has been interviewed by the case committee or by some competent person on their behalf;

      (b)   the case committee has arranged for the inspection of, and received a report from a competent person upon, any premises in which the adopter intends that the infant should remain permanently; and

      (c)   the case committee has considered the reports required by regulation 5.

 

7.   Annual reports of adoption society to be sent to Commissioner for Juvenile Welfare

Every registered adoption society shall, within 12 months of registration, and thereafter at least once in every period of 12 months, furnish to the Commissioner for Juvenile Welfare—

      (a)   duly audited accounts and balance sheets submitted by a person dissociated from the society and not in any way related to any member or officer of the society; and

      (b)   a report in the form set out in the Fourth Schedule.

 

8.   Care of infants accepted by adoption society

   (1) Every registered adoption society shall make adequate arrangements for the care and supervision of infants who have been placed by their parents or guardians in the care of the society.

   (2) Every infant who is not accommodated in premises under direct control of the society, or accommodated in any approved home or institution providing for the care and protection of children, shall, unless and until the infant has been adopted in pursuance of an adoption order, be visited in the first month and thereafter at least once a month by a representative of the society who shall report upon the case to the case committee; if the case committee so recommend, the society shall immediately remove the infant.

FIRST SCHEDULE

[Regulation 2]

ADOPTION ACT

FORM OF APPLICATION FOR REGISTRATION

I/We, the undersigned, being a person/persons duly authorised on behalf of the society called the .............................................. , hereby apply to the Commissioner for Juvenile Welfare to have the said society registered as an adoption society under the provisions of section 19 of the Adoption Act.

The following are particulars of the society:

<PS:"Form Rule1. Date of establishment ........................................................................................................

<PS:"Form Rule2. Full residential address of the society’s administrative centre ..........................................

<PS:"Form Rule3. Postal address of the society ............................................................................................

<PS:"Form Rule4. Objects for which the society exists .................................................................................

<PS:"Form Rule ...............................................................................................................................................

<PS:"Form Rule ...............................................................................................................................................

<PS:"Form Rule ...............................................................................................................................................

<PS:"Form Rule ...............................................................................................................................................

(State if the society applies its profits, if any, and other income to promoting these objects.) (A copy of the society’s constitution should be attached to this application.)

5. Full names, addresses and occupations or descriptions of the members of the committee controlling the activities of the society should be attached as Schedule I to this application.

6. Full names, addresses and occupations or descriptions of the members of case committees should be attached as Schedule II to this application.

7. Full names, addresses and qualifications of all persons employed by the society, whether voluntary or paid, for the purpose of making any investigations or reports on behalf of the society should be attached as Schedule III to this application.

8. Copies of the society’s latest annual report and audited statement of accounts should be attached.

I/We hereby declare that the particulars furnished above and in Schedules I, II and III to this application are correct in every respect.

<PS:"Form RuleSignature .................................................................................................................................

<PS:"Form RuleOffice held under the society ..................................................................................................

<PS:"Form RuleAddress ...................................................................................................................................

<PS:"Form RuleSignature .................................................................................................................................

<PS:"Form RuleOffice held under the society ..................................................................................................

<PS:"Form RuleAddress ...................................................................................................................................

SECOND SCHEDULE

[Regulation 4]

(Form of Memorandum to be given to the parent or guardian and Certificate to be signed by parent or guardian)

ADOPTION OF CHILDREN: EXPLANATORY MEMORANDUM

1. If the Court makes an adoption order, all your rights and duties with regard to the child will be transferred permanently to the adopter(s) and in law the child will no longer be yours.

2. The Court cannot make an adoption order without the consent of each parent or guardian of the child unless it is satisfied—

      (a)   in the case of a parent or guardian of the child, that he has abandoned, neglected or persistently ill-treated the child;

      (b)   in the case of a person liable by virtue of an order or agreement to contribute to the maintenance of the child, that he has persistently neglected or refused so to contribute;

      (c)   in any case, that the person whose consent is required cannot be found, or is incapable of giving his consent, or that his consent is unreasonably withheld.

If the natural father of an illegitimate child contributes towards the child’s maintenance under an affiliation order or a voluntary agreement, the Court will, as a rule, require his consent also.

3. Your consent must be given in writing and must be attested by a Magistrate. If you are the child’s mother, your consent cannot be given until the child is at least six weeks old on the date of the execution of the document. In giving your consent you may, if you choose, stipulate the religious persuasion in which you desire the child to be brought up.

4. You are not allowed to receive or pay any money for the adoption unless the Court agrees. This does not apply to a weekly payment for the maintenance of your child before placement with the adopter(s), whether paid to an adoption society, nursery or foster mother.

5. An adoption society cannot arrange for your child to be sent abroad for adoption without a license from the Commissioner for Juvenile Welfare and here again the license cannot be granted without your consent, except for a reason of the same sort as those set out in paragraph 2.

6. If you have taken out an insurance policy against funeral expenses for your child, the insurers will be able to tell you whether, after the adoption order is granted, the policy can be transferred to the adopter(s) should they wish to continue it.

CERTIFICATE

(To be furnished to a registered adoption society by a parent or guardian proposing to place a child at the disposition of the society with a view to the child being adopted)

I HEREBY CERTIFY that I have received from ........................................................................ a Memorandum headed "Adoption of Children: Explanatory Memorandum", from which I have detached this certificate of acknowledgment, and I further certify that I have read the Memorandum and understand it.

<PS:"Form RuleSignature ............................................................................................................................

<PS:"Form RuleAddress ..............................................................................................................................

<PS:"Form RuleDate ....................................................................................................................................

THIRD SCHEDULE

[Regulation 5]

[Points on which inquiries must be made and reports obtained in the case of every child proposed to be delivered by or on behalf of a registered adoption society into the care and possession of an adopter]

PART A — PARTICULARS RELATING TO THE CHILD

1. Name.

2. Address.

3. Date and place of birth.

4. Is the child resident in Zambia?

5. If baptised, state place of baptism and denomination.

6. Full name, address and age of the child’s parents. If dead, state date of death.

7. Parents’ religion.

8. Has either parent any other children? If so, state their ages and sex.

9. Is there any history of insanity, tuberculosis or other disease in the family of either parent?

10. Why is the child offered for adoption?

11. Has the child any right or interest in property? If so, give full particulars.

12. Has any insurance been effected on the life of the child?

PART B — PARTICULARS RELATING TO THE PARENTS OR GUARDIANS

1. If the mother is alive, does she consent to adoption?

2. If the father is alive—

      (a)   is he married to the mother or otherwise liable to contribute to the child’s maintenance? If so, give particulars. (If the parents are separated, state whether there is a separation order in force.)

      (b)   does he consent to the adoption?

3. If the child has guardians, state—

      (a)   their names and addresses;

      (b)   how and by whom they were appointed;

      (c)   whether they consent to adoption.

4.

      (a)   Are any other persons liable to contribute to the support of the child?

      (b)   If so, do they agree to adoption?

5. If the answer to questions 1, 2 (b), 3 (c) or 4 (b) is in the negative, the reason should be stated.

PART C — PARTICULARS RELATING TO THE ADOPTER

1. Name(s).

2. Address(es).

3. Country of domicile.

4. Date(s) of birth.

5. Religion(s).

6. Occupation(s).

7. Is it intended to apply for an adoption order?

8. Is the adopter married or are the adopters a married couple? If so, give date and place of marriage, and say whether it is intended to make a joint application for an adoption order.

9. Is there any child of the adopter(s) living at home? If so, give age and sex.

10. Has any child been adopted by the adopter(s) before? If so, give particulars.

11. What is the accommodation and condition of the home?

12. What are the means of the adopter(s)? How far are the earnings of children living at home included?

13. What are the wishes of the adopter(s) as to the age and sex of the child they wish to adopt?

14. Give the names and addresses of two responsible persons who can vouch for the character of the adopter(s).

PART D — VERIFICATION OF PARTICULARS

1.

      (a)   Have the particulars given under Parts A, B and C above been verified so far as possible?

      (b)   Have the particulars of the birth of the child, and of the death, marriage or separation of the parents, and of the marriage of the adopter(s) been confirmed by inspection of certificates of birth, death or marriage or the separation order?

2. Has a representative of the case committee interviewed the adopter(s)?

3. Has the home of the adopter(s) been inspected by a representative of the case committee? Was it found satisfactory?

4. Are the adopter(s) and the members of their household persons of good character? Have their references been taken up?

5. Do the adopter(s) and the members of their household appear to be in good health?

6. Has the child been seen by the adopter(s)?

7. Has the child been accepted by the adopter(s) with a view to adoption?

PART E — MEDICAL PARTICULARS

(The medical report must be signed by a duly qualified medical practitioner)

1.

      (a)   Date of birth.

      (b)   Weight at birth (state if premature).

      (c)   Present weight.

      (d)   Was the mother’s confinement normal or instrumental?

2. Was the child—

      (a)   entirely breast-fed;

      (b)   partially breast-fed; or

      (c)   entirely bottle-fed?

3. State of nutrition (good, fair, poor).

4.

      (a)   When did the child begin to walk?

      (b)   When did the child begin to talk?

5. Has the child any affection of bones, muscles or joints?

6. Are there any evidences of paralysis?

7. Are there any evidences of syphilis? State result of serological test.

8. Is there any evidence of tuberculosis?

9. Has the child had fits? If so, state nature.

10. Is there, or has there been, any affection of the skin?

11. Is there, or has there been, any affection of the eyes? Is the sight normal?

12. Has the child had any discharge from the ears, or any serious ear trouble and can it hear well?

13. Are the nose and throat in healthy condition?

14. Is there any evidence of disease of heart or lungs?

15. Has the child normal control of bowels and bladder for its age?

16. Is the child now suffering from any infectious or contagious disease?

17. Has the child had scarlet fever, measles, chicken-pox, whooping-cough, diphtheria or mumps?

18.

      (a)   Has the child been vaccinated?

      (b)   Has the child been immunised against diphtheria?

19. Has the child any signs of active or healed rickets?

20. Is the child’s mental and physical development normal for its age?

21. Are behaviour, speech and articulation normal for its age?

22. If the child has been neglected or improperly fed, do you consider its constitution such that good nursing and proper care would make it suitable for adoption?

23. Give particulars of any condition not mentioned above about which you consider an adopter should be informed.

FOURTH SCHEDULE

[Regulation 7]

ADOPTION ACT

FORM OF ANNUAL REPORT

<PS:"Form RuleReport to the Commissioner for Juvenile Welfare from the adoption society called for the year ended ............................

1. Full postal address of the society’s administrative centre.

2. Has there been any change in the objects for which the society exists? Does it still apply the whole of its profits, if any, and other income in promoting those objects?

3. Full names, addresses and occupations or descriptions of all members of the committee controlling the activities of the society.

4. Full names, addresses, occupations or descriptions and qualifications of members of the case committee.

5. Has any person taking part in the management or control of the society or any member of the society been convicted of an offence under the Adoption Act, or of a breach of any regulation made thereunder ? (If so, give particulars.)

6. Full names, addresses and qualifications of all persons employed by the society, whether voluntary or paid, for the purpose of making any arrangements for the adoption of children.

<PS:"Form Rule7. Cases dealt with by the society during the year ended ...................................................

      (a)   Number of applications from persons wishing to adopt a child.

      (b)   Number of children offered to the society with a view to adoption.

      (c)   Number of children taken into hostels under the direct control of the society pending adoption.

      (d)   Number of children placed by the society pending adoption in foster homes or hostels not under the direct control of the society.

      (e)   Number of children placed with a view to adoption.

      (f)   Number of adoption orders made in respect of children placed by the society.

8.

      (a)   Number of children placed for adoption by the society and awaiting adoption orders at the end of the year.

      (b)   Number of children in hostels under the direct control of the society at the end of the year.

      (c)   Number of children at the end of the year in foster homes or in hostels in which they had been placed by the society but which are not under the society’s direct control.

9. A copy of the society’s latest annual report should be attached.

I/We hereby declare that the above particulars are correct in every respect.

<PS:"Form RuleSignature ..............................................................................................................................

{mprestriction ids="1,2,3,5"}

<PS:"Form RuleOffice held under the society ...............................................................................................

<PS:"Form RuleAddress ................................................................................................................................

<PS:"Form Rule ..............................................................................................................................................

<PS:"Form RuleSignature ..............................................................................................................................

<PS:"Form RuleOffice held under the society ................................................................................................

<PS:"Form RuleAddress .................................................................................................................................

<PS:"Form Rule ..............................................................................................................................................

<PS:"Form RuleDate .......................................................................................................................................

ADOPTION (TRANSFER ABROAD) REGULATIONS

[Section 37]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Application for license to transfer infant abroad

   3.   Notice of application to be sent to Commissioner for Juvenile Welfare

   4.   Commissioner for Juvenile Welfare to obtain report on person applying for care and possession of infant

   5.   Service of copies of notice of application: powers of Commissioner for Juvenile Welfare to dispense with service

   6.   Consents to be obtained or dispensed with

   7.   Service of documents

   8.   Powers of Commissioner for Juvenile Welfare

   9.   Form of license

      SCHEDULE

[Regulations by the Minister]

GN 193 of 1956,

SI 53 of 1965.

 

1.   Title

These Regulations may be cited as the Adoption (Transfer Abroad) Regulations.

 

2.   Application for license to transfer infant abroad

An application for a license under section 33 of the Act, authorising the care and possession of an infant for whose adoption arrangements have been made to be transferred to a person resident abroad, may be made by a parent or guardian of the infant or by any other person or body concerned in the making of the arrangements for the adoption of the infant, and, if that body is an adoption society, the application may be made by any person authorised by the society in that behalf.

[Am by SI 53 of 1965.]

 

3.   Notice of application to be sent to Commissioner for Juvenile Welfare

Notice of the application shall be given in Form 1 in the Schedule to the Commissioner for Juvenile Welfare, and the notice shall be delivered or sent by registered post to the Commissioner for Juvenile Welfare.

 

4.   Commissioner for Juvenile Welfare to obtain report on person applying for care and possession of infant

The Commissioner for Juvenile Welfare shall cause a copy of the notice to be sent to a Zambian consular officer, or any other person who appears to the Commissioner to be a trustworthy person, and shall request the officer or person to report whether the person to whom the care and possession of the infant is proposed to be transferred is a suitable person to be entrusted therewith.

[Am by SI 53 of 1965.]

 

5.   Service of copies of notice of application: powers of Commissioner for Juvenile Welfare to dispense with service

A copy of the notice referred to in regulation 3 shall be served by the applicant upon the infant and upon every person or body who is a parent or guardian of the infant, or who has the actual custody of the infant, or who is liable to contribute to the support of the infant:

Provided that the Commissioner for Juvenile Welfare may dispense with the service required by this regulation of a copy of the notice—

      (i)   upon any person other than the infant, if he is satisfied that the person cannot be found; and

      (ii)   upon the infant, if he thinks fit having regard to the age and understanding of the infant.

 

6.   Consents to be obtained or dispensed with

The Commissioner for Juvenile Welfare shall obtain, in Form 2 in the Schedule, the consent of every person or body of persons who is a parent or guardian of the infant in question, or who has the actual custody of the infant, or who is liable to contribute to the support of the infant:

Provided that the Commissioner for Juvenile Welfare may dispense with any consent required by this regulation if he is satisfied that the person whose consent is to be dispensed with has abandoned or deserted the infant or cannot be found or is incapable of giving such consent, or, being a person liable to contribute to the support of the infant, either has persistently neglected or refused to contribute to such support or is a person whose consent ought, in the opinion of the Commissioner for Juvenile Welfare and in all the circumstances of the case, to be dispensed with.

 

7.   Service of documents

   (1) The service of any document under regulations 5 and 6 may be effected by delivering it to the person to be served or by sending it by registered post to him at his last known or usual place of abode:

Provided that where the document is to be served upon a body it shall be left at or sent by registered post to the registered office of that body or, in the absence of any registered office, the principal place where the body transacts or carries on its business.

   (2) The service of any such document as aforesaid may be proved by the production of a declaration in Form 3 in the Schedule or in a form to the like effect purporting to be made before a magistrate.

 

8.   Powers of Commissioner for Juvenile Welfare

The Commissioner for Juvenile Welfare, for the purpose of satisfying himself upon any matter relating to an application for a license under the provisions of these Regulations, may require any person or body, by a person authorised on its behalf, to appear before him.

 

9.   Form of license

Any license granted under section 33 of the Act shall be in Form 4 in the Schedule.

SCHEDULE

PRESCRIBED FORMS

FORM 1

[Regulation 3]

FORM OF NOTICE OF AN APPLICATION FOR A LICENSE

To: The Commissioner for Juvenile Welfare.

<PS:"Form RuleI hereby give notice that I intend to apply for a license under section 33 of the Adoption Act in respect of a male/female
infant named ............................................................................................ aged..........years, born on the..................day of................., 20..........

The infant is the subject of arrangements for his/her adoption as follows:

<PS:"Form Rule(*) ...............................................................................................................................................

<PS:"Form Rule ...................................................................................................................................................

<PS:"Form Rule ...................................................................................................................................................

      (i)   The father (**) of the infant is ...............................................................................

         of ..............................., a .................................... subject, aged ................ years.

      (ii)   The mother (**) of the infant is .............................................................................

         of ..............................., a......................................subject, aged..................years.

      (iii)   The guardian of the infant is .................................................................................

         of ..............................., a......................................subject, aged..................years.

      (iv)   The infant is at present in the custody of .............................................................

         of...........................................................................................................................

The following persons are liable to contribute to the support of the infant ‡:

      (1)   .......................................................... of .....................................................................

      (2)   .......................................................... of .....................................................................

The person to whom it is proposed to transfer the care and possession of the infant is ..............................................................................................................................................

resident at ................................................................................................................................

The following financial arrangements have been made/are contemplated in consideration of the transfer of the care and possession of the infant (*) or (§):

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

My full name, address and nationality are—

<PS:"Form RuleName ......................................................................................................................................

<PS:"Form RuleAddress ..................................................................................................................................

<PS:"Form RuleNationality ...............................................................................................................................

<PS:"Form Ruleand I am making this application as (||) ..................................................................................

Date ........................................................

...................................................................  

Signature of the Applicant (*) Here set out the arrangements.

(†) If the father or mother is dead this fact should be stated.

(‡) Delete if inapplicable.

(§) If there are no financial arrangements write "none".

(||) Insert capacity, i.e. parent, guardian or person concerned in making the arrangements for the adoption.

[Am by SI 53 of 1965.]

FORM 2

[Regulation 6]

FORM OF CONSENT TO THE MAKING OF AN APPLICATION FOR A LICENSE

<PS:"Form Rule I, ........................................... of ...................................................................................................................................... being the *............................................ of the infant named ............................................. with respect to whom application is to be made to the Commissioner for Juvenile Welfare by ......................................... for the grant of a license under section 33 of the Adoption Act authorising the care and possession of the said infant for whose adoption arrangements have been made to be transferred to, resident abroad at ...................................................................................., do hereby declare that I consent to the making of the said application.

In witness whereof I have signed this consent on the ............................................... day of ........................., 20.........

 

...................................................................  

Signature

 

Declared and signed before me.

<PS:"Form Rule

.......................................................

<PS:"Form Rule

Magistrate

[Am by SI 53 of 1965.]

FORM 3

[Regulation 7]

FORM OF DECLARATION OF SERVICE

<PS:"Form RuleI, ........................ of .............................................................. hereby declare that I did on the ................ day of ..........., 20........, serve ............. of ............................................... with a copy of the notice of application to be made to the Commissioner for Juvenile Welfare for a license under section 33 of the Adoption Act in respect of an infant named ........................................ by*:

      (i)   delivering the said document personally;

      (ii)   sending the said document by registered post to .............................................
being his/her last known or usual place of abode;

      (iii)   leaving the said document at ............................................................................. being the registered office of .............................................................................................. (principal place where transacts or carries on its business);

      (iv)   sending the said document by registered post to .......................................................... being the registered office of ....................................................................... (principal place ............................................................... where transacts or carries on its business).

 

...................................................................
...................................................................
...................................................................  

Signature <PS:"Form RuleDeclared and signed before me the ................................... day of ............................., 20.......

<PS:"Form Rule

......................................

<PS:"Form Rule

Magistrate

FORM 4

[Regulation 9]

LICENSE GRANTED BY COMMISSIONER FOR JUVENILE WELFARE

<PS:"Form RuleWHEREAS application has been made by ........................................... of ......................................................... for a license under section 33 of the Adoption Act for authority to transfer the care and possession of ............................................... an infant aged ......................., having been born as far as can be ascertained on the .......................... day of ................................., 20 .........., to ............................... resident at ..............................................................................................................................................................................................;

<PS:"Form RuleAND WHEREAS I, the undersigned, am satisfied that all the consents required by section 33 (1) (a) of the said Act have been given or dispensed with, and am further satisfied by the report of that the aforesaid ..................................... is a suitable person to be entrusted with the care and possession of the said infant, and that the transfer is likely to be for the welfare of the said infant;

<PS:"Form RuleAND WHEREAS I am further satisfied that the aforesaid application is made in connection with arrangements which have been made for the adoption of the said infant by of ..................................................................................................................................................................;

NOW THEREFORE I, the undersigned, do hereby grant (subject to the conditions and restrictions set out below) this license authorising the care and possession of the said to be transferred to the said .................................................................................................. (and I do hereby authorise the making and receipt of payments as follows):

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

<PS:"Form Rule ................................................................................................................................................

...........................................................

Commissioner for Juvenile Welfare

CONDITIONS AND RESTRICTIONS

<PS:"Form Rule1. ..............................................................................................................................................

<PS:"Form Rule2. ..............................................................................................................................................

[Am by SI 53 of 1965.]

ADOPTION (FORMS) REGULATIONS

[Section 37]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Form of notice to Commissioner under section 4(5) (c) of the Act

   3.   Form of notice to Commissioner under section 26 of the Act

   4.   Forms may be varied

      SCHEDULE

[Regulations by the Minister]

GN 248 of 1956.

 

1.   Title

These Regulations may be cited as the Adoption (Forms) Regulations.

 

2.   Form of notice to Commissioner under section 4 (5)(c) of the Act

Form 1 in the Schedule is hereby prescribed as the form of notice to be given to the Commissioner for the purpose of paragraph (c) of sub-section (5) of section 4 of the Act.

 

3.   Form of notice to Commissioner under section 26 of the Act

Form 2 in the Schedule is hereby prescribed as the form of notice to be given to the Commissioner for the purposes of section 26 of the Act.

 

4.   Forms may be varied

The forms hereby prescribed may be used with such variations as the circumstances of the case may require.

SCHEDULE

PRESCRIBED FORMS

FORM 1

[Regulation 2]

ADOPTION ACT

THE ADOPTION (FORMS) REGULATIONS

FORM OF NOTICE TO BE SENT TO THE COMMISSIONER FOR JUVENILE WELFARE PURSUANT TO SECTION 4 (5) (C) OF THE ACT

To: The Commissioner for Juvenile Welfare, Lusaka.

<PS:"Form RuleTAKE NOTICE that I, (1) ......................................................................................................

<PS:"Form Rule................................................................................ of (2) .....................................................

<PS:"Form Rule.......................................................................................... (P.O. Box No. ............................)

<PS:"Form Rulea ..................................................................................................... by occupation, intend to

apply for an adoption order in respect of the infant whose particulars are stated below:

<PS:"Form RuleInfant’s names ......................................................................................................................

<PS:"Form RuleDate of birth ........................................................................................ Sex .........................

<PS:"Form RulePlace of birth ........................................................................................................................

<PS:"Form RuleInfant was received into my care on ...................................................................... from (3)

<PS:"Form RuleAND FURTHER TAKE NOTICE that I, (1) ...........................................................................

<PS:"Form Rule......................................................................................... *propose to make an application

<PS:"Form Rule(*have instructed Messrs ....................................................................................................

<PS:"Form Ruleof......................................................................................... to make an application) in the

<PS:"Form Ruleprescribed manner to the *High Court at .............................................................................

<PS:"Form Rule*Subordinate Court of the at ...............................................................................................

Date ..................................................

..................................................

Signature

NOTES—

(1) Insert full names in block capitals.

(2) Insert full residential address.

(3) Insert full name of person or agency from whom infant was received and the residential address of such person or agency.

(4) Insert name and address of solicitors (if any).

FORM 2

[Regulation 3]

ADOPTION ACT

ADOPTION (FORMS) REGULATIONS

FORM OF NOTICE TO BE SENT TO THE COMMISSIONER FOR JUVENILE WELFARE PURSUANT TO SECTION 26 OF THE ACT

To: The Commissioner for Juvenile Welfare, Lusaka.

<PS:"Form RuleTAKE NOTICE that I, (1) .......................................................................................................

<PS:"Form Rule................................................................................ of (2) .....................................................

<PS:"Form Rule..............................................................................................(P.O. Box No. .........................)

<PS:"Form Rulea ................................................................................................... by occupation, not being

<PS:"Form Rule he parent, guardian or custodian of (3) ................................................................................

<PS:"Form Rulean infant of the ..................................................... sex, born on the .....................................

<PS:"Form Ruleday of .................................................................................................................., 20........, at

<PS:"Form Rulepropose to make arrangements for the said infant to be placed in the care and possession of (4) ....................................

<PS:"Form Rulewhose address is (2) ................................................ (P.O. Box No. ...................................)

<PS:"Form Rulewith effect from the ......................................... day of ............................................., 20........

<PS:"Form RuleAND the said (4) ....................................................................................................................

<PS:"Form Rule*has/have been informed of *his/her/their responsibility to inform you of any change of residence whilst the said infant is in *his/her/their care and possession.

Date ............................................

.........................................

Signature

NOTES—

(1) Insert full names in block capitals.

(2) Insert full residential address.

(3) Insert infant’s name in full.

(4) Insert names of both husband and wife if infant is placed with married couple.

ADOPTION RULES

[Section 38]

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Application

   4.   Previous application to subordinate court

   5.   Previous application to High Court

   6.   Serial number

   7.   Safeguarding identity of applicant

   8.   Who are to be served

   9.   Consents in writing

   10.   Mode of service

   11.   Verification by affidavit

   12.   Guardian ad litem

   13.   Notice of hearing

   14.   Secrecy

   15.   Restriction as to service of orders

   16.   Duties of guardian ad litem

   17.   Information to be confidential

   18.   Presence of parties

   19.   Cases more fit for the High Court

   20.   Supervision of infant

   21.   Notice of further hearing

   22.   Prescribed officer

   23.   Costs

   24.   Safe custody of documents

   25.   Procedure governing applications

   26.   Fees, costs and allowances

   27.   Adoption and interim orders

   28.   Forms may be varied

      FIRST SCHEDULE

      SECOND SCHEDULE

[Rules by the High Court]

GN 236 of 1956,

GN 497 of 1964.

 

1.   Title

These Rules may be cited as the Adoption Rules.

 

2.   Interpretation

In these Rules, unless the context otherwise requires–

“the Court” means the High Court or, as the case may be, a subordinate court of the first class sitting as a juvenile court, and having jurisdiction under section 10 of the Act;

“the infant” means the child proposed for adoption;

“the petitioner” means the person or persons applying for the adoption.

 

3.   Application

An application to the High Court or to a subordinate court for an adoption order shall be made by a petition in Forms 1 and 2 respectively in the First Schedule.

 

4.   Previous application to subordinate court

If in the case of an application to a subordinate court it appears that the petitioner has previously made an application for an adoption order in respect of the same infant to any court other than a subordinate court, the Court shall not entertain the appeal; and if it appears that the petitioner has previously made an application for such an order to a subordinate court, the Court shall not entertain the application unless it is satisfied that there has been a substantial change in the circumstances since the previous application.

 

5.   Previous application to High Court

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

 

6.   Serial number

If any person proposing to apply to the High Court or subordinate court for an adoption order desires that his identity should be kept confidential he may, before filing a petition, apply to the Registrar of the High Court or clerk of the court, as the case may be, for a serial number to be assigned to him for the purposes of the proposed petition, and the Registrar or clerk of the court shall assign such a number to him accordingly.

 

7.   Safeguarding identity of applicant

Unless it appears from the petition or is otherwise shown to the satisfaction of the Court, that the petitioner does not desire that his identity should be kept confidential, the proceedings shall be conducted with a view to securing that he is not seen by or made known to any individual being a respondent to the proceedings (other than the infant or the spouse of the petitioner); and in particular the Court shall direct that the petitioner (unless his attendance is dispensed with under rule 18) shall attend and be heard and examined separately and apart from any such respondent.

 

8.   Who are to be served

The petition shall be served on—

      (a)   the parent or parents of the infant;

      (b)   the guardian or guardians of the infant;

      (c)   the person or persons having the actual custody of the infant; and

      (d)   the person or persons liable to contribute to the support of the infant;

but the Court may in its discretion dispense with service on any of those persons, and may in its discretion order the petition to be served on any other person.

 

9.   Consents in writing

Every consent required under section 4 of the Act shall be in writing and shall be in accordance with the form of consent as set out in Form 3 in the First Schedule and shall be attested by a magistrate.

 

10.   Mode of service

Every petition, notice or other document required to be served by these Rules shall be served by being posted in a prepaid registered envelope addressed to the person to be served, unless the Court otherwise directs, and shall, at the expiration of such period of time as may to the Court seem proper from the time of posting, be deemed to have been served, unless the contrary appears. The service of every petition, notice or other document not served by the Court shall be verified by affidavit, unless the Court otherwise directs.

 

11.   Verification by affidavit

The petition shall, as to all its paragraphs, be verified by affidavit and there shall be annexed to the affidavit all certificates, consents and other documents necessary for proving the averments in the petition.

 

12.   Guardian ad litem

The infant shall be a respondent to the petition and, as soon as practicable after the filing of the petition, the Court shall appoint a guardian ad litem to the infant and the Court shall thereupon cause the petition and all documents annexed thereto to be served on the guardian ad litem.

 

13.   Notice of hearing

When a guardian ad litem has been appointed, the Court shall appoint a day for the hearing of the petition and shall give notice to all parties, including the guardian ad litem, of the day so appointed. The notice shall be served not less than seven clear days before the day appointed for the hearing and shall be in accordance with Form 4 in the First Schedule.

 

14.   Secrecy

All documents filed in the Court shall be confidential and shall be kept secret by the Court. Every petition and every application shall be heard and determined in camera.

 

15.   Restriction as to service of orders

No copy or duplicate of any order or any extract there from made by the Court shall be given to or served upon any person other than the petitioner and the Registrar-General, unless the Court otherwise directs.

 

16.   Duties of guardian ad litem

   (1) It shall be the duty of the guardian ad litem to investigate as fully as possible all the circumstances of the infant and the petitioner and all other matters relevant to the proposed adoption with a view to safeguarding the interests of the infant, and in particular it shall be his duty to include in his investigation the following questions:

      (a)   whether the statements in the petition are true;

      (b)   whether any payment or other award in consideration of the adoption has been received or agreed upon, and whether it is consistent with the welfare of the infant;

      (c)   whether the means and status of the petitioner are such as to enable him to maintain and bring up the infant suitably, and what right to or interest in property the infant has;

      (d)   what insurance, if any, has been effected on the life of the infant;

      (e)   whether it is desirable for the welfare of the infant that the Court should be asked to make an interim order or to impose, in making an adoption order, any particular terms or conditions or to require the petitioner to make any particular provision for the infant.

   (2) The guardian ad litem shall make inquiries as to all matters alleged in the petition and as to the Additional Matters specified in the Second Schedule and report to the Court upon them. It shall also be his duty to attend the Court whenever required for the purpose and on the hearing of the petition.

 

17.   Information to be confidential

The guardian ad litem, and, where a body of persons is appointed guardian ad litem, any officer or agent of that body, shall regard all information obtained in the course of the investigation or otherwise in relation to the matter as confidential and shall not divulge any part of it to any person save as may be necessary for the proper execution of his duty.

 

18.   Presence of parties

The Court may refuse to make an adoption order or an interim order unless all parties, including the infant, attend before the Court, but it shall have power in its discretion to dispense with the attendance of any party, including the infant; and the Court may direct that any of the parties shall attend separately and apart from the others, or that any party, including the infant, shall be interviewed privately by the Court or its officers.

 

19.   Cases more fit for the High Court

If, owing to special circumstances, an application appears to a subordinate court to be more fit to be dealt with by the High Court, it may on that ground expressly refuse to make an order, and shall transmit the petition together with all other documents relating to the application to the High Court, and the High Court may proceed to hear and determine the application as if the application had been commenced before the High Court.

 

20.   Supervision of infant

An interim order may provide for the supervision of the infant by the guardian ad litem or otherwise as the Court may think fit.

 

21.   Notice of further hearing

Where the determination of an application is postponed and an interim order made, the petitioner shall, at least 30 days before the expiration of the date specified in the interim order, apply for the final determination of the application. The Court shall thereupon fix a time for the further hearing of the application and issue to every respondent a notice in Form 7 in the First Schedule.

 

22.   Prescribed officer

The Registrar of the High Court or a clerk of the court of a subordinate court shall be the prescribed officer for the purpose of sub-section (5) of section 12 of the Act, and, upon the making of an adoption order, the prescribed officer shall forward a sealed copy thereof together with a copy of the petition to the Registrar-General in a registered, postal envelope marked "confidential".

 

23.   Costs

The Court may make such orders as to costs as it shall think fit and may direct the costs to be taxed according to such one of the scale of costs applicable to actions in the High Court or subordinate court, as the case may be, as the Judge or magistrate shall determine. The Court may direct that all the costs of an application under the Act shall be borne and paid by the petitioner.

 

24.   Safe custody of documents

The Court shall keep in a place of special security all documents whatsoever relating to any application or order made under the Act.

 

25.   Procedure governing applications

Subject to these Rules, the High Court Rules and the Subordinate Courts (Civil Jurisdiction) Rules respectively shall apply to proceedings under the Act so far as they are applicable.

 

26.   Fees, costs and allowances

Subject to these Rules, the fees to be taken and charged in respect of proceedings under the Act, and the costs, witnesses’ expenses and travelling allowances to be allowed in such proceedings shall be, so far as may be applicable, the same as those prescribed for the time being by the High Court Rules and the Subordinate Courts (Civil Jurisdiction) Rules respectively.

 

27.   Adoption and interim orders

Forms 5 and 6 respectively in the First Schedule shall be used in making an adoption order and an interim order respectively.

 

28.   Forms may be varied

The forms in the First Schedule shall be used with such variations as the circumstances may require.

FIRST SCHEDULE

PRESCRIBED FORMS

FORM 1

[Rule 3]

THE ADOPTION RULES PETITION

In the High Court for Zambia.

In the matter of A.B. ............................................................... an Infant

and

In the matter of the Adoption Act. To: A Judge of the High Court.

The Petition of C.D. ...................................................... of ................................................ (and E.D. ................................. (born) .................................... his wife of the same address)

SHOWETH.—

1. Your Petitioner(s) is (are) desirous of adopting the said A.B. ............................. ................................... under the provisions of the Adoption Act.

2. Your Petitioner(s) is (are) resident at ..........................................................................................................................

...........................................................................................................................

3. Your Petitioner C.D. .............................................................................. is unmarried (was married to your Petitioner E.D. ..................................................................................... at ........................................ on the ................................ day of ............................, 20........).

4. Your Petitioner is by occupation a .............................................................................................................................................................................................................................

5. Your Petitioner C.D. ................................... is .................................... years of age and your Petitioner E.D. ...................................................................................... is ................................... years of age.

6. Your Petitioner(s) has (have) resident with him (them) the following persons,

namely ............................................................................................................................................

7. Your Petitioner C.D. ........................................ (E.D. ............................................) is related to the said A.B.

...................................................................................... as follows .................................................

(or, Your Petitioner(s) is not (are not nor is either of them) related to the said A.B. .....................).

8. The said A.B. is—

      (a)   of the .................................................. sex;

      (b)   unmarried;

      (c)   a child of .......................... and ............................... both of ..................................

      (d)   resident in Zambia;

      (e)   .................................. years of age, having been born on the ........................ day of........................... 20.........,
at......................................................

      (f)   resident at .................................................................................................................

      (g)   now in the actual custody of ....................................... of .........................................

      (h)   under the guardianship of .......................................... of ..........................................

      (i)   is entitled to the following property, namely...............................................................

9. ............................................................................................ of .............................................

(and .......................................................... of ........................................................) is (are) liable to contribute to the support of the said A.B. ..................................................

10. The said A.B. ................................................................... has not been the subject of an adoption order or of an application or petition for an adoption order save that (state order and application or petition, if any).

11. Your Petitioner(s) undertakes (undertake) if an order is made on this Petition, to make for the said A.B.
............................................................... the following provision, namely ................................

..................................................................................................................................................

Your Petitioner(s) will, if required, secure the above provision by bond or otherwise as the

Court may require.

12. Consents to the making of an adoption order have been obtained from the following persons and are annexed hereto, namely:

      (a)   (Parents)

      (b)   (Guardian)

      (c)   (Actual custodian of Infant)

      (d)   (Person or persons liable to contribute to support of Infant)

      (e)   (Spouse of Petitioner)

13. Your Petitioner(s) has not (have not has either of them) received agreed to receive, and no person has made or given or agreed to make or give to the Petitioner(s) (or either of them) any payment or reward in consideration of the adoption of the said A.B. ..................................... (except as follows, viz).

<PS:"Form Rule14. It is proposed that the costs of this Petition shall be provided for as follows, namely: ..............................................................................................................................................................................................................................................................................................................................................

15. Your Petitioner(s) notified the Commissioner for Juvenile Welfare of his/her/their intention to apply for an adoption order in respect of the said A.B.
.......................................... on the ............................day of ....................................., 20........

16. Your Petitioner(s) desires that his/their identity shall be kept confidential (or does not desire that his/their identity should be kept confidential).

17. If an adoption order is made in pursuance of the Petition it is proposed that the said A.B ...........

<PS:"Form Ruleshould be known as ...............................................................................................................

Your Petitioner(s) prays (pray)—

      (i)   That an order for the adoption of the said A.B ................ by your Petitioner(s) may be made in pursuance of the Adoption Act with all necessary directions:

      (ii)   That the costs of this Petition may be provided for as above mentioned or otherwise as the Court may direct:

      (iii)   Such further or other order as the nature of the case may require. AND Your Petitioner(s) will ever pray.

<PS:"Form RuleNOTE-It is intended to serve this Petition on .........................................................................

<PS:"Form Rule................................................................................................................................................

<PS:"Form Rule................................................................................................................................................

FORM 2

[Rule 3]

THE ADOPTION RULES PETITION

In the Subordinate Court of the First Class

Holden at .........................................

<PS:"Form RuleIn the matter of A.B. .................................................................................................. an Infant

and

In the matter of the Adoption Act. To: The Magistrate of the said Court.

(the same as in Form 1)

FORM 3

[Rule 6]

THE ADOPTION RULES

CONSENT TO ADOPTION ORDER

<PS:"Form RuleIn the matter of a Petition by ..................................................................................................

<PS:"Form Ruleof................................................................................................................ to the High Court

<PS:"Form Rule(or to the Subordinate Court of the First Class at ...............................................................)

<PS:"Form Rulefor an order for the adoption of an Infant named .................................................................

<PS:"Form RuleI, the undersigned, .................................................................................................. being—

      (a)   the father of the Infant;

      (b)   the mother of the Infant;

      (c)   the guardian of the Infant;

      (d)   a person liable to contribute to the maintenance of the Infant;

      (e)   the person (acting on behalf of a body) having parental rights in respect of the Infant or liable to contribute to the maintenance of the Infant; or

      (f)   the spouse of the Petitioner;

hereby state as follows:

   (1) I understand that the effect of an adoption order is to deprive a parent or guardian of all rights in respect of the maintenance and upbringing of the Infant:

   (2) I understand that when the Petition for an adoption order in respect of the said

A. B. ............................................................................................................................ is heard by the Judge (or Magistrate) this document may be used as evidence of my consent to the making of the order unless I have notified the Court that I no longer consent:

   (3) I hereby consent to the making of an adoption order in pursuance of the said Petition (on condition that the religious persuasion in which the infant is brought up is ...............................................................................):

............................................

............................................

Signature

<PS:"Form RuleSigned at ......................................................... on the ...........................................................

<PS:"Form Ruley the said ................................................................................................ [who satisfied me]

that she fully understands the nature of the foregoing statement and was prepared to surrender her child for adoption].*Before me (signature) ............................................

(Address).................................................................

......................................................

Magistrate

FORM 4

[Rule 13]

THE ADOPTION RULES

FORM OF NOTICE OF DAY APPOINTED FOR HEARING

(Heading as in Petition)

<PS:"Form RuleTo .................................................................................. of ......................................................

TAKE NOTICE that a Petition has been presented in the above matter praying that an order may be made for the adoption of the above-named ................................................... by ................................. of ............................ and that .......................................... of ............................................................................................. has been appointed guardian ad litem to the said Infant, and that the said Petition will be heard at a Court to be held at ........................................................................ on the ............................... day of ....................................., 20 ........, at........................ o’clock in the .................. noon.

 

.....................................................................................
Registrar of the High Court
or
Magistrate

FORM 5

[Rule 27]

THE ADOPTION RULES

ADOPTION ORDER IN RESPECT OF AN INFANT NAMED A.B.

(Hearing as in Petition)

<PS:"Form RuleUPON reading the Petition of .................................................................................................

<PS:"Form Ruleof (full address) ......................................................................................................................

<PS:"Form Rule(and of .................................................. (born) ...................................................... his wife)

<PS:"Form Rule   (hereinafter called the Petitioner(s)) for an Order under the Adoption Act authorising him/her/them to adopt

<PS:"Form RuleA.B. ........................................................................................................................................

<PS:"Form Rulean Infant the child/adopted child of ........................................................................................

<PS:"Form RuleAND the said A.B. (hereinafter ..............................................................................................

<PS:"Form Rulecalled the Infant) being of the ...................................... sex and never having been married:

<PS:"Form RuleAND the Petitioner/one of Petitioners ....................................................................................

<PS:"Form Rule................................................................................................................................................

<PS:"Form Rulehaving attained the age of 25 years and being at least 21 years older than the Infant/having attained the age of 21 years and being a relative of the Infant within the meaning of the said Act/being the mother/father of the Infant:

<PS:"Form Rule[AND the names by which the Infant is to be known being ...................................................

<PS:"Form Rule................................................................................................................................................]

<PS:"Form Rule[AND it having been proved to the satisfaction of the Court that the Infant is identical with

<PS:"Form RuleA.B. ........................................................................................................................................

<PS:"Form Rule o whom the entry numbered .................................................................... and made on the

<PS:"Form Rule....................................... day of ........................., 20........, in the Register of Births relates]:

<PS:"Form RuleAND the (probable) date of the birth of the Infant appearing to be the ..................................

<PS:"Form Ruleday of ............................................, 20........., born at ............................................................

<PS:"Form Rule[AND the infant having been previously the subject of an adoption order dated the .............

day of ............................................., 20........, of which particulars are entered in the Adopted Children Register]:

AND all the Consents required by the said Act being obtained or dispensed with:

<PS:"Form RuleIT IS ORDERED that the Petitioner/Petitioners be authorised to adopt the Infant:

<PS:"Form Rule(And the following payment or reward is sanctioned:.............................................................

<PS:"Form Rule..............................................................................................................................................):

<PS:"Form Rule(And as regards costs it is ordered that.................................................................................

<PS:"Form Rule..............................................................................................................................................):

AND it is directed that the Registrar-General shall make in the Adopted Children Register an entry recording the adoption:

(And it is further directed that the Registrar-General shall cause the said entry in the Register of Births to be marked with the word "Adopted"):

(And it is further directed that the Registrar-General shall cause the previous entry in the Adopted Children Register relating to the Infant to be marked with the word "Re-adopted").

<PS:"Form RuleDated this ...................................................... day of ..............................................., 20...

 

...........................................................................................
Registrar of the High Court
or
Magistrate

FORM 6

[Rule 27]

THE ADOPTION RULES

INTERIM ORDER IN RESPECT OF AN INFANT NAMED A.B.

(Heading as in Petition)

UPON reading the Petition of, etc. (As in the Adoption Order, Form 5, down to and including the paragraph "And all the Consents required by the said Act being obtained or dispensed with").

IT IS ORDERED that the determination of the Application be postponed, and the custody of the Infant be given to the Petitioner(s) for a period ending on the ..................................... day of ............................................., 20........, by way of a probationary period, upon the following terms, namely: ....................................................................................................... ..................................................................................................... and that the Petitioner(s) shall at least 30 days before that date, apply for the final determination of the Petition.

<PS:"Form RuleAs regards costs it is ordered that ........................................................................................

<PS:"Form Rule................................................................................................................................................

 

...........................................................................................
Registrar of the High Court
or
Magistrate

FORM 7

[Rule 21]

THE ADOPTION RULES

NOTICE OF FURTHER HEARING OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT NAMED A.B.

Whereas a Petition for an order under the Adoption Act, authorising the adoption of A.B. ................................................................................. an Infant of the .................................. sex born on the day of ................................, 20......., was made by ...................................................................................

<PS:"Form Rule

<PS:"Form RuleAND WHEREAS ............................................................................................... of ............................................... was appointed guardian ad litem of the said Infant:

<PS:"Form Rule

<PS:"Form RuleAND WHEREAS the determination of the said Petition was postponed and an interim order was made by the .................................. Court holden at ........................................ on the ............................ day of ...................................., 20.......:

<PS:"Form Rule

<PS:"Form RuleTAKE NOTICE that the said Petition will be further heard before the .................................. Court holden at on the ............................................ day of ........................., 20......., at the hour of .................................... o’clock in the ....................... noon, and that you may appear to show cause why the adoption order should not be made.

<PS:"Form RuleDated the ....................................... day of ........................................, 20.........

 

...........................................................................................
Registrar of the High Court
or
Magistrate

SECOND SCHEDULE

THE ADOPTION RULES

[Rule 16]

ADDITIONAL MATTERS SUBJECT TO INVESTIGATION AND REPORT BY GUARDIAN AD LITEM

PART I
THE PETITIONER

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

2. In the case of an application by one only of 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) such persons have.

4. What is the age and sex of all children living in the home of those persons, and what is their relationship to them.

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

6. What are the means of such persons.

7. Whether either of them suffers or has suffered from any serious illness, and whether there is any history of tuberculosis, epilepsy or mental illness in their families.

8. Whether any person specified in the notice of application as a person to whom reference may be made is a responsible person and recommends them without reservation.

9. Whether such persons understand that an adoption order is irrevocable and that the order if made will render them responsible for the maintenance and upbringing of the infant.

PART II
THE INFANT

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

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

12. Whether an order committing the infant to the care of a local authority as a fit person under the Children and Yong Persons Act, 1933, of the United Kingdom, or a resolution for the assumption by a local authority of parental rights, is in force in respect of the infant.

PART III
THE PARENTS

13. Whether the mother consents to the adoption and identifies the birth certificate (if any) attached to the notice of application as the birth certificate of the infant.

14. Whether the father consents to the adoption.

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

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

17. What are the reasons of the parent or parents for consenting to the adoption order which is irrevocable, and that the order if made will deprive him or her of all rights in respect of the maintenance and upbringing of the infant?

18. Where the statement of application requests the Court 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.

ADOPTION (FEES) REGULATIONS

[Section 37]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Fee

      SCHEDULE

[Regulations by the Minister]

SI 58 of 1994,

SI 102 of 1996.

 

1.   Title

These Regulations may be cited as the Adoption (Fees) Regulations.

 

2.   Fee

A person who intends to adopt a child under the Adoption Act shall, before doing so, pay to the Court a fee as set out in the Schedule.

SCHEDULE

[Regulation 2]

PRESCRIBED FEES

[Sch subs by reg. 2 of SI 102 of 1996.]

 

Fee units 

Adoption certificate 

556 

Search fee 

14 

Alteration of register 

Affidavit in support of application for Registrar’s certificate 

14

 
 

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