පාර්ලිමේන්තු පනත · පනවන ලද පරිදි
Adoption of Children (Amendment) Act 1992
ප්රතිචාර සහ සහායනිල ඉංග්රීසි පරිවර්තනය. එය සිංහල හෝ දෙමළ පාඨයට වඩා වෙනස් නම් බලපවත්වන පාඨය කුමක්දැයි පනතේම සඳහන් වේ.
නිල පරිවර්තනය, ස්කෑන් කළ පිටපතකින් කියවන ලදීDepartment of Government Printing හි ස්කෑන් කළ PDF ගොනුවෙන්, OCR මගින් කියවන ලදී; දෝෂ තිබිය හැක
s 1title
This Act may be cited as the Adoption of Children
(Amendment) Act, No. 15 of 1992.
s 2Amendment
Section 3 of the Adoption of Children Ordinance
(Chapter 61) (hereinafter referred to as the principal enactment”) is hereby amended as follows :—
of Chapter 61.
by the insertion immediately after subsection (5) of that section of the following new subsection :—
‘ (5a) (a) An adoption order shall be made in favour of any applicant who is not a citizen of Sri
»
Lanka and not domiciled or resident in Sri Lanka if no other person who is a citizen of Sri Lanka and resident and domiciled in Sri Lanka has applied to adopt the child in respect of whom the applica-tion is made.
(i) The number of adoption orders that may be made by all courts in any calendar year, in favour of applicants who are not or were not at any time citizens of Sri Lanka and who are not resident and domiciled in Sri Lanka, shall be prescribed by regulation.
An adoption order shall not be made in favour of any applicants who are not or were not at any time citizens of Sri Lanka and who are not resident and domiciled in Sri Lanka, if the effect of making of such order will be to exceed the number pres-cribed under sub-paragraph (i), for the calendar year in which the order is to be made.” ; and
in subsection (6) of that subsection, by the sub-stitution fdr the proviso to that subsection of the following proviso :—
2D
013920 (91 /06)
‘Provided that an adoption order authorising the adoption, by two spouses who are not citizens of
Sri Lanka and who are not resident and domiciled in Sri Lanka of a child—
who is in the care, custody or control of a person for the time being in charge of an orphanage, home or other institution main-tained by the
Government or of an orphanage registered under the Orphanages
Ordinance for a period of at least five years;
and
selected by the Commissioner of Probation and Child Care Services, may be made on the joint application of such spouses where, after calling for, and considering, a report from the Commissioner of Probation and Child Care Services on the social and psychological aspects of the adoption to be authorized and on the matters specified in section 4, the court is satisfied that there are special circumstances that justified the making of an adop-tion order in favour of the joint applicants. The
Commissioner shall submit such report to court within the period fixed by court for that purpose, such pericd being not less than fourteen days and not more than twenty-eight days from the date on which ‘he court calls for the report and shall annex to such report—
a home study report in respect of the appli-cants from an institution recognized by the country of the applicants ; and
a police report from the police authority for the respective police areas within which the-applicants reside, authenticated by the accredited representative of the Republic of Sri Lanka in that country.
wie
Pa
~
“home study report ” means a report on the mental health of the applicants, on their social, religious and financial background and on their suitability to adopt a child
;
“police report ” means a report on the conduct and activities of the applicants.’.
s 3; »
Section 4 of the principal enactment ishereby amended Amendment by the substitution for paragraph (c) of that section of the of section 4
following paragraph:—
.
principal enactment,
3
“ (c) that—
:
the applicant has not received, or agreed to 4
'
recefve, from any person, and has not made or given or agreed to give or make, to any person
; or
‘
no person has received, or agreed to receive, from the applicant, and has made or given or agreed to give or make, to the applicant, any payment or other reward in consideration of the adoption except mich as the court may sanction. ”.
-4, Section 108 of the principal enactment is hereby Amendment amended by the repeal of subsections (1) and (2) of that of section section and the substitution of the following subsections princi therefor :—
enactment,
Where a court makes an adoption order authorising two spouses jointly to adopt a child (whether such adoption order has been made before or after the coming into a operation of this section) then—
é
such spouses; or
where the marriage of such spouses has been dissolved after the date of the adoption order, any one of such spouses; or
' where both spouses are deceased and
-
the child is over eighteen years of age, the child; or
2. Tit 2097) 01 inb6\
’
.
Aci, No. 15 of 1992
the child is under eighteen years of age, the grand mother,
‘grand father, uncle, aunt, brother or sister of the child being over eighteen years of
‘age, or the Public Trustee or the Commissioner of Proba-tion and Child Care Services may, notwithstanding the fact that the birth of that child has been previously registered under the Births and Deaths Regis-tration Act, make a written declaration in the prescribed form to the Registrar-General for the re-registration of the birth of that child by the insertion of the names of such spouses as the natural parents of that child. Every such declaration shall bear a stamp to the value of five rupees.
:
On receipt of a declaration under sub-section (1), the Registrar-General shall, if he is satisfied that an adoption order has been made by a court in respect of the child in ‘respect of whom such declaration has been made and the relationship of the declarant to such child, cause the birth to be re-registered in the manner prescribed. ”.
oeosettion
s 5
The following new section is hereby insterted section 10c immediately after section 10s, and shall have effect as ne al section 10c of the principal enactment :—
enactment, = Every
s 10c°
Where the adoption of a child is erie authorized by an adoption order made under outside Sri the proviso to subsection (6) of section 3 it
Lanka to
~
shall be the duty of every such adopter to reports.
furnish to the Commissioner of Probation and
Child Care Services, progress reports— .
;
quarter-yearly, in respect of the child
, until the adoption of such child is legally confirmed in that country
;
half-yearly, in respect of such child along with the child’s photographs for the first three years from the date on which the adoption is legally confirmed in that country;
yearly, in respect of such child until such child reaches the age of ten years, prepared by an institution recognized by the country of such adopter and authenticated by the accredited representive for the Republic of Sri Lanka in that country.”.
s 6Replacement of section 14 e ‘
Section 14 of the principal enactment is hereby re-pealed and the following section is substituted therefor i
© Restriction on payment.
s 14+
Any adopter who, except with the sanction of the court, receives, from any person or makes or gives or agrees to make or give, to any person, any payment or reward in consideration of the adoption of any child under this Part and any person who, except with the sanction of the court, receives, from any adopter or makes or gives or agrees to make or give,'to any adopter, any such payment or reward shall be guilty of an offence under this Ordinance and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding ten thousand rupees or to impri-sonment of either description for a term which may extend to two years, or to both such fine and imprisonment.”.
4 7. The following new section is hereby inserted immediately after section 27 and shall have effect as section 27a of the principal enactment :—
Prohibition against unlawful custody.
No person shall keep in unlawful custody in contravention of the provisions of this Act—
any woman expecting a child during her pregnancy
;
any child with or without his mother,
'
for the purpose of giving such child for adoption.
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