Ο περί Υιοθεσίας Διαδικαστικός Κανονισμός (707/1954)

Notes:

(1)

Enter the first name(s) and surname as shown in the birth certificate referred to in entry No. 4, if available; otherwise enter name(s) and surname by which the infant was known before being placed for adoption.

(2)

If the infant has previously been adopted, a certified copy of the entry in the Adopted Children Register should be attached, and not a certified copy of the original entry in the Registers of Births; and the particulars given in entry No. 5 should relate to the parent or parents by adoption and not to the natural parent or parents.

(3)

Where a birth certificate is not attached, enter the place (including country) of birth if known.

(4)

If the infant is illegitimate, the father's name should not be given in this entry; but see entry No. 7.

(5)

This entry should be completed only if the infant has a legal guardian other than the father or mother of the infant.

(6)

If the infant is illegitimate, enter the name of any person known to the applicant who has been adjudged by a legitimation order to be the putative father of the infant or who has acknowledged himself to be the father of the infant and agreed to contribute to his or her maintenance.

(7)

The names to be entered here (or in the following entry) are those of the persons named in entries Nos. 5, 6 and 7, and (where the application is made by one of two spouses alone) of the spouse of the applicant.

(8)

This entry should be completed with the name of any of the persons mentioned in the previous note who has not signified his or her consent. See subsections (1) and (2) of s.5 of the Adoption Law, 1954, as to the grounds on which consent may be dispensed with.

(9)

This entry need not be completed if the applicant or either of the applicants is a "relative" of the infant as defined by s.2 of the Adoption Law, 1954.

(10)

This entry need not be completed if the applicant or either of the applicants is a "relative" of the infant as defined by s.2 of the Adoption Law, 1954. Where it is completed more than one referee may be named if desired.

(11)

If the applicant wishes his name to be Kept confidential, insert serial number obtained in pursuance of rule 5 of the Adoption Rules, 1954.

(12)

Delete if no advocate is acting for the applicant.

Whereas application is to be made [by CD. / CD. and E.D] or [under the serial number ................](2);

[Whereas the said A.B. (hereinafter called the infant) is not less than six weeks old, having been born in ................. on the............................

19 , and is the person to whom the birth certificate (3) now produced and shown to me marked "A" relates] (4):

I, the undersigned of being (5)-

the mother (3) of the infant/

the father (3) of the infant/

a guardian of the infant/

a person liable by virtue of any order or agreement to contribute to the maintenance of the infant/

a person [acting on behalf of a person or authority] having parental rights in respect of the infant/

the spouse of the said CD.,

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 application for an adoption order in respect of the said A.B. is heard by the Court, 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 (6).

(3)

I hereby consent to the making of an adoption order in pursuance of the said application [on condition that the religious persuasion in which the infant is brought up is . ] (7).

(Signature)

Signed at (8) on by the said

[who satisfied me that she fully understood the nature of the foregoing statement and was prepared to surrender her child for adoption] (4).

Before me (Signature)

(Address)

(Description) (6)

Notes:

(1)

Insert name as known to the consenting party.

(2)

Where the name of applicant is not known to the consenting party, and a serial number has been obtained for the application under rule 5 of the Adoption Rules, 1954, complete the entry contained in the second square brackets.

(3)

If the infant previously been adopted, a certified copy of the entry in the Adopted Children Register should be attached, and not a certified copy of the original entry in the Registers of Births; and the description of the consenting party should include the words "by adoption" where appropriate.

(4)

Delete words in square brackets except where the consenting party is the mother of the infant.

(5)

Delete all but one of the descriptions which follow.

(6)

If the consenting party is the mother of the infant, the document will not be admissible as evidence unless the signature is attested by a member of a District Court or by a Judge of a Turkish Family Court (or, if executed abroad, by an officer authorised by rule 40 of the Adoption Rules, 1954). In all cases the document, if so attested, will be admissible without further proof of execution.

(7)

Delete the words in square brackets if the applicant is named, or if, although the applicant is not named, the consenting party does not desire to impose conditions as to religious upbringing.

(8)

Where the document is executed outside Cyprus, attestation in accordance with rule 40 of the Adoption Rules, 1954, has the same effect as attestation by a member of a District Court or by a Judge of a Turkish Family Court.

UNDERTAKING TO PAY COSTS OF WELFARE OFFICER WHEN ACTING AS GUARDIAN AD LITEM.-(Rule 8.)

(Title as in Form I.)

In consideration of , welfare officer, acting as the guardian ad litem of A.B., an ifnant, I, the undersigned [advocate] (I) hereby, personally [jointly and severally] (2) undertake and agree that as such guardian ad litem and as advocate for the said A.B. he will duly receive and be paid all costs, charges and expenses which may be earned or incurred by him in relation to such guardianship or the duties thereof.

Dated the day of ,19

Signed (3).

Notes:

(1)

Delete if no advocate is acting for the applicant.

(2)

The words in square brackets are required only if there is more than one partner in the firm of advocates acting for the applicant.

(3)

The undertaking should be signed by the advocate, or by a partner in the firm of advocates, acting for the applicant, or by the applicant if he is acting in person.

NOTICE OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT (l)-(Rule 14.)

(Title as in Form 1.)

To of

Whereas an application has been made [by C.D./C.D. and E.D.] (2) or [under the serial number ];

And whereas of has been appointed guardian ad litem of the said infant;

Take notice:

A.·

-(3) [That the said application will be heard at the Court at 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 do not consent to the making of the order, you should give notice to the Court on or before the ,19 , in order that a date and time may be fixed for you to attend and show cause why the adoption order should not be made. The form below may be used for this purpose.]

[And take notice further that while the said application is pending, a parent or guardian of the infant who has already signified his consent to the making of the adoption order must not, except with the leave of the Court, remove the infant from the care and possession of the applicant. Application for such leave may be made personally to the Court] (4).

Dated the day of ,19 .

(Seal) Registar.

The form mentioned above:

To the Court of

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

(a)

I consent to the making of this order.

(Delete whichever is not applicable).

or

(b)

I do not consent to the making of this order and I wish a date and time to be fixed for my attendance when I may state my case.

(Signature)

(Date)

(Address)

(N.B. Persons submitting this part of the form are recommended to present it personally or send it by registered post).

Notes:

(1)

Enter names and surname as shown in the title of Form 1.

(2)

The name of the applicant must not be given where the notice is addressed to an individual and a serial number is specified in the originating application (entry No. 16). In that case complete the second entry in square brackets.

(3)

Part A should be completed and Part Β struck out where the notice is addressed to the Welfare Authority or where the applicant does not desire his identity to be kept confidential (see originating application, entry No. 16). Where a serial number is specified in that entry and the notice is addressed to an individual, Part A must be struck out and Part Β completed.

(4)

Delete words in square brackets except where the notice is addressed to a parent or guardian of the infant.

To of .

Whereas an application has been made by you for an order under the Adoption Law, 1954, authorising you to adopt the above-named infant;

And whereas the said application will be heard at the Court at on the , 19 , at the hour of in the noon;

Take notice that no order can be made unless the infant is presented at the hearing.

Dated the day of , 19 .

(Seal) Registar.

FORM 6

ADOPTION ORDER IN RESPECT OF AN INFANT (I). -

(Rule 21.)

(Title as in Form 1.)

Application having been made by CD., by occupation resident at and domiciled in Cyprus [and E.D. his wife] (hereinafter called the applicant/applicants) for an order under the [Adoption Law, 1954] authorising him/her/them to adopt A.B., an infant, the child/adopted child of F.B./F.B. and G.B;

And the said A.B. (hereinafter called the infant) being of the 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 eighteen 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 Law/

deing the mother/father of the infant;

being the mother/father of the infant;

[And the names by which the infant is to be known being P.D.] (2).

[And it having been proved to the satisfaction of the Court that the infant is identical with A.B., to whom the entry numbered and made on the ,19 in the Register of Births for the district of relates] (3);

And the [probable] (4) date of the birth of the infant appearing to be the 19.

[And the infant having been previously the subject of an adoption order dated the ,19 , of which particulars are entered in the Adopted Children Register] (5);

And all the consents required by the said Law having been obtained or dispensed with;

IT IS ORDERED that the applicant/applicants be authorised to adopt the infant;

[And the following payment or reward is sanctioned:

]·

[And as regards costs it is ordered that:

]·

And it is directed that the Chief Registrar shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.

[And it is further directed that the Commissioner of the District concerned shall cause the said entry in the Register of Births to be marked with the word "adopted" ] (3).

[And it is further directed that the Chief Registrar shall cause the previous entry in the Adopted Children Register relating to the infant to be marked with the word "Re-adopted"] (5).

Dated the day of ,19

(Seal) Registar.

Date (6) and place of birth of child

Name and Surname of child (7). (Read note 7 before making entry.)

Sex of child

Name and surname, address and occupation of adopter or adopters

Date of adoption order and description of Court by which made

Notes:

(1)

Enter name(s) and surname as shown in the title of Form 1.

(2)

Delete where there is no change of name.

(3)

Delete this entry-

(a) if the infant is not identified with a person whose birth is registered in the Registers of Births in Cyprus;

(b) if the infant has previously been adopted.

(4)

Delete "probable" where the precise date of the infant's birth is proved.

(5)

Delete except where the infant has previously been adopted.

(6)

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

(7)

Where there is change, enter only the names by which the infant is to be known. This is most important as the Adopted Children Register is open to inspection by the public.

FORM 7.

INTERIM ORDER IN RESPECT OF AN INFANT.-(Rule 21.)

(Title as in Form I.)

Application having been made by CD., by occupation , resident at and domiciled in Cyprus [and E.D. his wife] (hereinafter called the applicant/applicants) for an order under the Adoption Law, 1954, authorising him/her/them to adopt A.B., an infant, the child/adopted child of F.B./F.B. and G.B.;

And the said A.B. (hereinafter called the infant) being of the 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 eighteen 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 Law/ being the mother/father of the infant;

And all the consents required by the said Law having been 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 the final determination of the application;

[And as regards costs it is ordered that

]·

Dated the .. . day of ,19 .

(Seal) Registrar.

Delete words in square brackets where inapplicable.

FORM 8.

NOTICE OF FURTHER HEARING OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT (I).-

(Rule 27.)

(Title as in Form I.)

To of .

Whereas an application has been 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;

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

Take notice:

A.(3) [That the said application will be further heard before 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 do not consent to the making of the order, you should give notice to the Court on or before the 19 , in order that a date and time may be fixed for you to attend and show cause why the adoption order should not be made. The form below may be used for this purpose.]

Dated the day of ,19 .

(Seal) Registrar.

The form mentioned above:

To the Court of .

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

(a)

I consent to the making of this order.

or

(b)

I do not consent to the making of this order and I wish a date and time to be fixed for my attendance when I may state my case.

(Signature)

(Date)

(Address)

Notes:

(1)

Enter name(s) and surname as shown in the title of Form 1.

(2)

The name of the applicant must not be given where the notice is addressed to an individual and a serial number is specified in the originating application (entry No. 16). In that case complete the second entry in square brackets.

(3)

Part A should be completed and Part Β struck out where the notice is addressed to the Welfare Authority or where the applicant does not desire his identity to be kept confidential (see originating application, entry No. 16). Where the serial number is specified in the entry and the notice is addressed to an individual, Part A must be struck out and Part Β completed.

FORM 9.

FORM OF NOTICE OF AN APPLICATION FOR A LICENCE UNDER SECTION 25 OF THE ADOPTION LAW, 1954.

(Rule 32.)

To the Registrar of the District Court of /Turkish Family Court of

I hereby give notice that I intend to apply for a licence under section 25 of the Adoption Law, 1954, in respect of a male (female) child named

, aged years, born on the day of ,19 .

The child is a British subject and is the subject of arrangements for his [her] adoption as follows (here set out the arrangements):

(I)

The father of the child is of , a subject, aged years.

(I)

The mother of the child is , of , a subject, aged years.

(2)

The guardian of the child is , off subject, aged years.

The child is at present in the actual custody of of

(3) The following persons are liable to contribute to the support of the child:

1. of . 2. of .

The person to whom the care and possession of the child is proposed to be transferred is

a British

subject, resident at

(4)

The following financial arrangements have been made (or are contemplated) in consideration of the transfer of the care and possession of the child (here set out the arrangements).

My full name, address and nationality are:-

and I am making this application as (5)

(Signature of Applicant)

(Date)

(1)

If the father or mother is dead, the fact should be stated.

(2)

Strike out this paragraph if it does not apply.

(3)

If no persons are liable, write "none". If anyone is liable state the reason for the liability.

(4)

Give full particulars. If there are no arrangements, write "none".

(5)

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

FORM 10.

FORM OF NOTICE OF HEARING.-(Rule 34)

To the applicant for a licence under section 25 of the Adoption Law, 1954; [to the child to whom the application relates;] and to any person or body who is a parent or guardian of the child, or who has the actual custody of the child, or who is liable to contribute to the support of the child;

Take notice that an application by for a licence under section 25 of the Adoption Law, 1954, authorising the care and possession for whose adoption arrangements have been made to be transferred to

, a British subject, resident abroad at will be heard at on day , the day of 19 , at the hour of in the fore [after] noon, and further take notice that you may attend the hearing of the said application, and may, if you wish, either support or oppose the granting of a licence.

Dated the day of ,19

Signature of

FORM 11.

FORM OF NOTICE REQUIRING PRODUCTION OF CHILD AT THE HEARING OF AN APPLICATION.-(Rule 36.)

To the person or body having the actual custody of the child in respect of whom an application for a licence under section 25 of the Adoption Law, 1954, is to be made:

on the day of ,19 .

Signature

Declared and signed before me

Signature of Magistrate/Judge

(1)

Strike out the words which do not apply.

(2)

This declaration is required to be made before and signed in the presence of a member of a District Court or a Judge of a Turkish Family Court. When made out of Cyprus, but in a part of the British Commonwealth or the Republic of Ireland, it should be made before and signed by any Judge or Registrar of a Court having civil or criminal jurisdiction. In any other case it should be made and signed before a British Consular officer.

FORM 13

FORM OF LICENCE.-(Rule 38 (2)).

Whereas application has been made this day of. ,19 , by , of , for a licence under section 25 of the Adoption Law, 1954, to authorise the care and possession of , a child aged years, born as far as can be ascertained on the day of ,19 to be transferred to

, a British subject resident abroad, that is to say, at :

And whereas I, the undersigned, have heard the said application and am satisfied that all the consents required by the section 25 (I) (a) of the said Law 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 child, and that the transfer is likely to be for the welfare of the said child:

And 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 child by of :

Now, therefore, I, the undersigned, do hereby grant, subject to the conditions and restrictions set out in the Schedule hereto, this licence 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:-

Magistrate/District Judge/President of the District Court of

or

Judge of the Turkish Family Court of Schedule.

The conditions and restrictions referred to above are:-

FORM 10.

FORM OF NOTICE OF HEARING.-(Rule 34)

To the applicant for a licence under section 25 of the Adoption Law, 1954; [to the child to whom the application relates;] and to any person or body who is a parent or guardian of the child, or who has the actual custody of the child, or who is liable to contribute to the support of the child;

Take notice that an application by for a licence under section 25 of the Adoption Law, 1954, authorising the care and possession for whose adoption arrangements have been made to be transferred to

, a British subject, resident abroad at will be heard at on day , the day of 19 , at the hour of in the fore [after] noon, and further take notice that you may attend the hearing of the said application, and may, if you wish, either support or oppose the granting of a licence.

Dated the day of ,19

Signature of