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Adoption (Guernsey) (Amendment) Law, 2017

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PROJET DE LOI
ENTITLED
 
The Adoption (Guernsey) (Amendment) Law, 2017
 
THE STATES, in pursuance of their Resolution of the 24th June, 2015[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Islands of Guernsey, Herm and Jethou.
 
Amendments to 1960 Law.
1.      The Adoption (Guernsey) Law, 1960[b] is amended as follows.
 
2.      In section 1(1), immediately after the definition of "body of persons", insert the following two definitions -
 
""civil partner" means a person who has registered as the civil partner of another person under the Civil Partnership Act 2004[c], or who is treated under that Act as having formed a civil partnership by virtue of having registered an overseas relationship within the meaning of that Act, and whose civil partnership, or registered overseas relationship, has not been dissolved or annulled, and "civil partners" and "civil partnership" is to be construed accordingly,
 
"couple" means -
 
(a)      a married couple, or
 
(b)      two people who are civil partners of each other, or
 
(c)      two people, whether of different sexes or the same sex, living as partners in an enduring family relationship, not including two people one of whom is the other's parent, grandparent, sister, brother, aunt or uncle,".
 
3.      In section 1(1), immediately after the definition of "officer of police", insert the following definition -
 
""partner" means one of two people in a couple,".
 
4.      In section 2 -
 
(a)      in subsection (2), for "two spouses" substitute "a couple", and
 
(b)      in subsection (3), for "spouse" substitute "partner".
 
5.      In section 3(2), for "two spouses" substitute "a couple".
 
6.      For section 5(1)(b), substitute "on the application of one of a couple, except with the consent of the other".
 
7.      In section 6(4) -
 
(a)      for "spouse" substitute "partner", and
 
(b)      for "spouses" substitute "couple".
 
8.      In section 11(2), for "spouses" substitute "a couple".
 
9.      In section 12(2), for "where two spouses are the adopters, the spouses" substitute "where a couple adopt an infant, the couple".
 
10.      In section 16(1)(a), for "two spouses" substitute "a couple".
 
11.      In section 26(5), for "two spouses" substitute "a couple".
 
Amendments to 1961 Ordinance.
12.      The Children Board (Regulation of Adoption Arrangements) Ordinance, 1961[d] is amended as follows.
 
13.      In section 1, insert the following additional subsection -
 
"(3)      References in this Ordinance to "civil partner", "civil partnership", "couple" and "partner" shall have the same meanings as in the Adoption (Guernsey) Law, 1960.".
 
14.      In Part II of the Second Schedule, for paragraph 9 substitute -
 
"9.      If there are two proposed adopters -
 
(a)      whether the adopters are married or civil partners or living as partners in an enduring family relationship; and the date of marriage, of the registration of civil partnership or of the commencement of living as partners, as the case may be, and
 
(b)      whether either proposed adopter has previously been married or in a civil partnership and, if so, whether that marriage or civil partnership was dissolved or annulled.".
 
15.      In paragraph 10 of Part II of the Second Schedule -
 
(a)      for "married" substitute "married, in a civil partnership or living with a partner in an enduring family relationship", and
 
(b)      for "spouse" substitute "partner".
 
Interpretation.
16.      (1)      In this Law -
 
"enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation,
 
"subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance.
 
(2)      Any reference in this Law to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.
 
Citation.
17.      This Law may be cited as the Adoption (Guernsey) (Amendment) Law, 2017.
 
Commencement.
18.      This Law shall come into force on the date of its registration on the records of the Island of Guernsey.
 
 

[a]

Article V of Billet d'État No. XI of 2015.

[b]

Ordres en Conseil Vol. XVIII, p. 192; amended by Vol. XXI, p. 34; Vol. XXII, p. 521; Vol. XXIII, p. 26; Vol. XXVI, p. 264; Vol. XXXI, p. 278; Vol. XXXVII, p. 130; Order in Council No. XII of 2000; No. III of 2001; Ordinance No. XXXIII of 2003; No. VII of 2010; No. IX of 2016.

[c]

An Act of Parliament (2004 c. 33).

[d]

Recueil d'Ordonnances Tome XIII, p. 20; amended by Tome XXVI, p. 11; Ordinance No. XXXV of 2001; No. XXXIII of 2003; No. IX of 2016.