CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
63 Terms and conditions of order
The court in an adoption order may impose such terms and conditions as the court may think fit, and
may require the adopter by bond or otherwise to make for the adopted child such provision, if any, as in
the opinion of the court is just and expedient.
64 Effect of adoption order
(1) An adoption order shall, unless otherwise thereby provided, confer the surname of the adopter on
the adopted child.
(2) Where at any time after the making of an adoption order, the adopter or the adopted person or any
other person dies intestate, his property shall devolve in all respects as if the adopted person were the
child of the adopter born in lawful wedlock and were not the child of any other person.
(3) In any disposition of property made by an instrument which has effect after the date of an adoption
order—
(a) any reference, whether express or implied, to the child or children of the adopter shall, unless the
contrary intention appears, be construed as, or as including, a reference to the adopted person; and
(b) any reference, whether express or implied, to the child or children of the adopted person’s natural
parents or either of them shall, unless the contrary intention appears, be construed as not being, or
as not including, a reference to the adopted person; and
(c) any reference, whether express or implied, to a person related to the adopted person in any degree
shall, unless the contrary intention appears, be construed as a reference to the person who would be
related to him in that degree if he were the child of the adopter born in lawful wedlock and were not
the child of any other person.
(4) Upon an adoption order being made, all rights, duties, obligations and liabilities of the parents or
guardians of the person to whom the order relates shall be extinguished, and all such rights, duties,
obligations and liabilities shall vest in and be exercisable by and enforceable against the adopter as if that
person were a child born to the adopter in lawful wedlock, and in respect of those matters that person
shall stand to the adopter exclusively in the position of a child born to the adopter in lawful wedlock.
(5) In any case where two spouses are the adopters, the spouses shall, in respect of the matters mentioned in subsection (4) and for the purpose of the jurisdiction of any court to make any order as to the
custody and maintenance of and right of access to children, stand to each other and to the adopted person
in the same relation as they would have stood if they had been the lawful father and mother of that
person, and the adopted person shall stand to them in the same relation as to a lawful father and mother.
65 Power to make interim order
(1) Upon any application for an adoption order the court may postpone the determination of the application and may make a provisional order, which shall not be an adoption order for the purposes of this
Act, giving the custody of the minor to the applicant for a period not exceeding two years by way of a
probationary period upon such terms as regards provision for the maintenance, education, supervision of
the welfare of the minor and otherwise as the court may think fit.
(2) All such consents as are required to an adoption order shall be necessary to a provisional order, but
subject to a like power on the part of the court to dispense with any such consent.
(3) The court may, within the period laid down in subsection (1), either confirm or cancel its provisional order according to whether it considers such order is or is not in the best interests of the minor.
66 Power to make subsequent order in respect of minor already subject to an order
An adoption order or a provisional order may be made in respect of a minor who has already been the
subject of an adoption order and, upon any application for such order, the adopter or adopters under the
adoption order last previously made shall, if living, be deemed to be the parent or parents of the minor
for all the purposes of this Act.
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