§ 27 — Duty of Guardian-in-Adoption to file affidavit

27.—(1) Upon the making of an adoption application in respect of a child and before the further hearing of the adoption application, the Guardian‑in‑Adoption must make an affidavit setting out the result of any investigation made as to —(a)

the circumstances of the child, every relevant person of the child and the joint applicants or sole applicant, as the case may be; and

(b)

all other matters relevant to the proposed adoption.

(2) Without limiting subsection (1), the Guardian‑in‑Adoption’s affidavit must include the Guardian‑in‑Adoption’s assessment of the following matters:(a)

whether the averments in the affidavit filed in support of the adoption application are true;

(b)

whether the joint applicants or sole applicant (as the case may be) are or is suitable to adopt the child;

(c)

whether there is any provision of this Act that may prohibit the court from making an adoption order on the application;

(d)

whether the consent required under section 26 of every relevant person of the child has been validly obtained and, if not, whether the consent of any relevant person ought to be dispensed with;

(e)

whether any payment or other reward in consideration of the adoption or for any adoption‑related service has been made by or given to, or agreed to be made by or given to, the joint applicants (or either of them) or sole applicant, as the case may be;

(f)

whether any payment or other reward mentioned in paragraph (e) ought to be sanctioned by the court;

(g)

if the child is of suitable age and maturity — the child’s wishes in relation to the proposed adoption;

(h)

whether an adoption order, if made, will be for the welfare of the child;

(i)

whether an adoption order ought to be made in the circumstances;

(j)

any other matter, as may be prescribed by the Family Justice Rules, which may assist the court in determining whether an adoption order ought to be made.

(3) In the case of an adoption application in respect of a child in state care, the Guardian‑in‑Adoption may request the Director‑General or a protector who is familiar with the circumstances of the child to provide to the Guardian‑in‑Adoption a report setting out —(a)

the circumstances that led to the child being in state care;

(b)

an update on the progress of the child’s physical, mental, social and psychological development while in the care of the joint applicants or sole applicant, as the case may be;

(c)

what the Director-General or protector (as the case may be) understands to be the views of every relevant person of the child concerning the proposed adoption of the child; and

(d)

the views of the Director-General or protector (as the case may be) on whether the consent required under section 26 of any relevant person of the child ought to be dispensed with.

(4) Where the Director-General or a protector provides a report requested by the Guardian‑in‑Adoption under subsection (3), the Guardian‑in‑Adoption must take into account the contents of the report when preparing the Guardian‑in‑Adoption’s affidavit.

—(1) Upon the making of an adoption application in respect of a child and before the further hearing of the adoption application, the Guardian‑in‑Adoption must make an affidavit setting out the result of any investigation made as to —(a)

the circumstances of the child, every relevant person of the child and the joint applicants or sole applicant, as the case may be; and

(b)

all other matters relevant to the proposed adoption.

(2) Without limiting subsection (1), the Guardian‑in‑Adoption’s affidavit must include the Guardian‑in‑Adoption’s assessment of the following matters:(a)

whether the averments in the affidavit filed in support of the adoption application are true;

(b)

whether the joint applicants or sole applicant (as the case may be) are or is suitable to adopt the child;

(c)

whether there is any provision of this Act that may prohibit the court from making an adoption order on the application;

(d)

whether the consent required under section 26 of every relevant person of the child has been validly obtained and, if not, whether the consent of any relevant person ought to be dispensed with;

(e)

whether any payment or other reward in consideration of the adoption or for any adoption‑related service has been made by or given to, or agreed to be made by or given to, the joint applicants (or either of them) or sole applicant, as the case may be;

(f)

whether any payment or other reward mentioned in paragraph (e) ought to be sanctioned by the court;

(g)

if the child is of suitable age and maturity — the child’s wishes in relation to the proposed adoption;

(h)

whether an adoption order, if made, will be for the welfare of the child;

(i)

whether an adoption order ought to be made in the circumstances;

(j)

any other matter, as may be prescribed by the Family Justice Rules, which may assist the court in determining whether an adoption order ought to be made.

(3) In the case of an adoption application in respect of a child in state care, the Guardian‑in‑Adoption may request the Director‑General or a protector who is familiar with the circumstances of the child to provide to the Guardian‑in‑Adoption a report setting out —(a)

the circumstances that led to the child being in state care;

(b)

an update on the progress of the child’s physical, mental, social and psychological development while in the care of the joint applicants or sole applicant, as the case may be;

(c)

what the Director-General or protector (as the case may be) understands to be the views of every relevant person of the child concerning the proposed adoption of the child; and

(d)

the views of the Director-General or protector (as the case may be) on whether the consent required under section 26 of any relevant person of the child ought to be dispensed with.

(4) Where the Director-General or a protector provides a report requested by the Guardian‑in‑Adoption under subsection (3), the Guardian‑in‑Adoption must take into account the contents of the report when preparing the Guardian‑in‑Adoption’s affidavit.