JERSEY Law and Practice Contributed by: Lauren Glynn, Victoria Cure and Tara Lee, Carey Olsen
1.7 Adoption An adoptive parent automatically acquires parental responsibility upon the making of an adoption order. Pursuant to the Adoption (Jersey) Law 1961, the Court must be satisfied that each parent or the guardian of the child agrees generally and unconditionally to the making of an adoption order or that it is appropriate for such consent to be dispensed with in accordance with a ground specified in Article 13 (2) of the law.
are married to the child’s mother at the time of the child’s birth. Marriage is relevant in terms of parentage. Currently, under Jersey customary law, if a child is born or con - ceived during a marriage, there is a presumption that the husband is the father of the child, which may be rebutted only by strong and satisfactory evidence to the contrary. The biological father can apply for a Dec - laration of Parentage by issuing an application to the Royal Court of Jersey. 1.6 Same-Sex Relationships In Jersey, same-sex marriage is recognised in the Marriage and Civil Status (Amendment No 4) Jersey Law 2018. However, under the current law, same-sex couples still face limitations in obtaining legal parent status and parental responsibility without adoption. While the birth mother acquires legal parent status and parental responsibility by being the birth moth - er, the second female parent, even if married or in a civil partnership, cannot be registered as the child’s mother or named on the birth certificate, so cannot acquire parental responsibility via that route. The second female parent must usually adopt to gain legal parent status, and they would also then acquire parental responsibility for the child. A residence order can provide the second female parent with parental responsibility but not legal parent status. A residence order would ordinarily only last until the child reaches the age of 16, however an order can be sought for the residence order to extend to the child’s 18th birthday, as an exceptional circumstance. The Children and Civil Status (Amendments) (Jersey) Law 2024 is due to come into force in the latter part of 2025. This legislation will amend the Children (Jer - sey) Law 2002, the Marriage and Civil Status (Jersey) Law 2001 and the Marriage and Civil Status (Jersey) Order 2018, to make provision for children who are conceived as a result of fertility treatment or surrogacy arrangements, including provision for the making of parental orders, the acquisition of parental responsi - bility and the associated registration procedures.
2. Relocation 2.1 Whose Consent Is Required for Relocation?
In order for a parent to lawfully, permanently remove a child from Jersey, they need either (i) the consent of any other party with parental responsibility or (ii) an order of the court. If a parent permanently removes a child from Jersey without the consent of those with parental responsibility, they are likely to be committing the criminal offence of child abduction. 2.2 Relocation Without Full Consent If a parent is unable to obtain the consent of any other party with parental responsibility, it will be necessary for them to make an application to the Family Division of the Royal Court of Jersey seeking the court’s leave to remove the child permanently from the jurisdiction. Such applications are commonly referred to as “leave to remove” applications. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation In considering a leave to remove application, the child’s welfare will be the court’s paramount consid - eration, and the court must have regard to the factors set out in what is known as the “welfare checklist” in Article 2 (3) of the Children Law (Jersey) Law 2002, which are as follows: • the ascertainable wishes and feelings of the child concerned (considered in light of the child’s age and understanding);
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