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Infants Ordinance 1961 - Infants (Adoption) Regulations 2006

SAMOA

INFANTS (ADOPTION) REGULATIONS 2006

Pursuant to Section 28 of the Infants Ordinance 1961 (the Ordinance), I, MALIETOA TANUMAFILI II, Head of State of the Independent State of Samoa, acting by and with the advice of Cabinet, MAKE the following Regulations.

DATED at Apia this 30^th day of March 2006.

signed: (Malietoa Tanumafii II)

HEAD OF STATE

REGULATIONS

Arrangement of provisions

Part 1
Introduction

1. Short title and commencement
2. Interpretation

Part 2
Regulation of Adoption Agencies

3. Application to be an adoption agency in Samoa
4. Chief Executive Officer to submit complete application to the Attorney General

Part 3
Overseas Adoption

5. Request for an overseas adoption
6. Chief Executive Officer to submit completed request to the Attorney General

Schedules

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Part 1
Introduction

1. Short title and commencement-(1) These regulations may be cited as the Infants (Adoption) Regulations 2006.

(2) These regulations shall commence on a date nominated by the Minister.

(3) Notice of the commencement of these regulations shall be published in Samoan and English in the Savali and one other newspaper circulating in Samoa.

2. Interpretation-(1) In these Regulations, unless the contrary intention appears:

"applicant" means a person making application for the Attorney General's written authorisation under section 9A of the Ordinance and includes the owner, principal, manager, officer, employee or agent of the adoption agency;

"application" means an application to act as an adoption agency pursuant to Part 2 of these regulations;

"Chief Executive Officer" means the Chief Executive Officer of the Ministry of Justice and Courts Administration;

"involved person" means a person who has interest in the request for an Attorney General's Certificate for an overseas adoption; and includes the person or persons lodging the request, the owner, principal, manager, officer, employee or agent of the adoption agency;

"Minister" means the Minister responsible for the Ministry;

"Ministry" means the Ministry of Justice and Courts Administration;

"Ordinance" means the Infants Ordinance 1961;

"person concerned" means a person who has interest in the application for an authorisation to act as an adoption agency; and includes the applicant, owner, principal, manager, officer, employee or agent of the adoption agency;

"Pulenu'u" means a Pulenu'u appointed pursuant to section 14 of the Internal Affairs Act 1995;

"request" means a request for an Attorney General's Certificate for an overseas adoption under Part 3 of these Regulations.

Part 2
Regulations of Adoption Agencies

3. Application to be an adoption agency in Samoa-(1) A grant of a written authorisation pursuant to section 9A of the Ordinance shall be made in accordance with the provisions of these regulations.

(2) An application under this regulation shall be lodged with the Chief Executive Officer in accordance with the requirements set out in Schedule 1.

(3) The application shall contain original documentation and certified documentation where the original cannot be provided.

(4) An application fee of $1,000 shall accompany an application made under this Part.

4. Chief Executive Officer to submit complete application to the Attorney General-(1) Where the Chief Executive Officer is satisfied that the application is in accordance with these regulations, the Chief Executive Officer shall submit the application to the Attorney General as soon as practicable.

(2) Upon receipt of an application under subregulation (1), the Attorney General shall consider the application in accordance with the requirements of subsection 9A (2) of the Ordinance.

(3) If after examining an application under subregulation 1, the Attorney General determines that the application contains insufficient information for the Attorney General to determine the application under subsection 9A (2), the Attorney General may return the application to the Chief Executive Officer for the Chief Executive Officer to liaise with the applicant in order for the applicant to provide the additional information required by the Attorney General.

(4) Upon receipt of any additional information required under subregulation (3) of the Chief Executive Officer shall resubmit the application to the Attorney General as soon as practicable.

(5) If the Attorney General so determines, the Attorney General may require any suitable person to undertake such further enquiries and interviews as the Attorney General may direct and any person appointed to undertake enquiries and interviews under this subregulation shall provide the Attorney General with a written report at such time as the Attorney General may require.

(6) Where the Attorney General requires further enquiries and interviews under subregulation (5), an additional fee to be determined by the Chief Executive Officer shall be payable by the applicant to cover the cost of such enquiries.

(7) The additional fee under subregulation (6) shall be payable to the Chief Executive Officer upon demand and until such fee is paid any application shall not proceed.

(8) If the Attorney General determines that an authorisation under subsection 9A (2) of the Ordinance is to be granted, the Attorney General shall communicate the grant of such authorisation in such form as the Attorney General may determine.

(9) Notice of any authorisation granted under subregulation (3) shall be published in Samoan and English in the Savali and one other newspaper circulating in Samoa.

(10) If the Attorney General refuses to grant an application, the Attorney General shall advise the applicant and the Chief Executive Officer in writing of the refusal.

Part 3
Overseas Adoption

5. Request for an overseas adoption-(1) The issue of a certificate by the Attorney General pursuant to section 7A of the Ordinance shall be made in accordance with the provisions of these regulations.

(2) A request under this regulation shall be lodged with the Chief Executive Officer in accordance with the requirements set out in Schedule 2.

(3) A request shall contain original documentation and certified documentation where the original documents cannot be provided.

(4) An application fee of $50 shall accompany a request made under this Part.

6. Chief Executive Officer to submit completed request to the Attorney General-(1) Where the Chief Executive Officer is satisfied that the request is in accordance with these regulations, the Chief Executive Officer shall submit the request to the Attorney General as soon as practicable.

(2) Upon receipt of a request under subregulation (1), the Attorney General shall consider the request in accordance with the requirements of subsection 7A (2) of the Ordinance.

(3) If after examining a request under subregulation 1, the Attorney General determines that the application contains insufficient information for the Attorney General to determine the request under subsection 7A (2) of the Ordinance, the Attorney General may return the application to the Chief Executive Officer for the Chief Executive Officer to liaise with the involved person in order for the involved person to provide the additional information required by the Attorney General.

(4) Upon receipt of any additional information required under subregulation (3) the Chief Executive Officer shall re-submit the request to the Attorney General as soon as practicable.

(5) If the Attorney General so determines, the Attorney General may require any suitable person to undertake such further enquiries and interviews as the Attorney General may direct and any person appointed to undertake enquiries and interviews under this subregulation shall provide the Attorney General with a written report at such time as the Attorney General may require.

(6) Where the Attorney General requires further enquiries and interviews under subregulation (5), an additional fee to be determined by the Chief Executive Officer shall be payable by the involved person to cover the cost of such enquiries.

(7) The additional fee under subregulation (6) shall be payable to the Chief Executive Officer upon demand and until such fee is paid any request shall not proceed.

(8) If the Attorney General determines that a certificate under subsection 7A (2) of the Ordinance is to be issued, the Attorney General shall communicate the issuing of such certificate in such form as the Attorney General may determine.

(9) If the Attorney General refuses to issue a certificate, the Attorney General shall advise the involved person and the Chief Executive Officer in writing of the refusal.

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SCHEDULE 1

APPLICATION TO ACT AS ADOPTION AGENCY -
REQUIREMENTS
(Section 9A of the Ordinance)
(To be submitted in a Statutory Declaration)

A. Identification of applicant/s

1. State full name of applicant/s, date/s of birth, place of birth.

2. State full business address and residential address.

3. State citizenship.

4. State business telephone and residential telephone numbers.

5. State email address and postal address.

B. Identification of persons concerned. For all persons concerned:

1. State name, address and contact details.

2. State qualifications, training and experience relevant to the adoption agency.

3. State details on any prior involvement in the operation of any adoption agency, in Samoa or overseas.

4. Provide details as to any criminal charges and/or convictions for any criminal offence in Samoa or overseas.

C. Police check and character and capacity references

1. Provide a police report for all persons concerned and if a person concerned resides outside of Samoa, a police report from that jurisdiction

2. Provide 2 sworn statements from independent referees as to the capacity of the applicant and all persons concerned to operate as or in an adoption agency.

3. Provide 2 sworn statements from independent referees as to the character of all persons concerned.

Note: The identity and contact details for all persons providing a reference under 'C' are to be provided.

D. Office in Samoa

1. Provide details where the adoption agency proposes to operate from in Samoa.

2. Provide address and contact details if the office under 1 is already established.

E. Operation of Office

State whether the applicant proposes to seek any reward or benefit for themselves as a result of operating an adoption agency. If so, provide details.

F. Code of Conduct

An applicant must certify that each person concerned has read, understood and is committed to abide by the Code of Conduct established under section 9A (4) of the Ordinance.

SCHEDULE 2

REQUEST FOR THE ATTORNEY GENERAL'S CERTIFICATE FOR OVERSEAS ADOPTION -
REQUIREMENTS
(Section 7A of the Ordinance)
(To be submitted in a Statutory Declaration)

A. Identification of infant, the birth parent/s, guardian and carer/s

For every involved person:

1. Provide name, date of birth, place of birth, citizenship and residential address of infant to be adopted.

2. Provide the name and contact details of the birth mother, the birth father or legal guardian of the infant. (If the birth father is not known, state that the birth father is not known).

3. Provide name/s and contact details of the carer/s for the infant at the time of the request.

4. If the carer/s is/are not the birth parents of the infant, provide background information as to how the carer/s came to care for the infant.

B. Prospective parents

For every involved person:

1. Provide names and contact details of prospective parent/s.

2. Provide assets and liabilities of prospective parents.

3. Provide reasons for prospective parents adopting.

4. Provide information whether the prospective parents have any relation to the infant.

5. Provide information as to whether any payments have been made or were requested by any party. If so, provide details.

Note: If this information is already filed with the court, provide a certified copy of the court documents containing the information.

C. Relatives

1. Provide a structure, full names and contacts of the infant's family i.e. siblings, parents, grandparents, uncles and aunts.

2. Provide information as to whether the persons in 1:

(a) are aware of or have been advised of the request for adoption;

(b) agree or disagree with the adoption;

(c) have been asked whether they are willing and able to provide for the care support and welfare of the infant and their responses; and

(d) if yes to (c), the views and opinions of such persons to the proposed adoption.

3. Provide any other information you believe relevant to the availability and suitability of any family member of the infant to provide care, support and welfare of the infant.

D. Other suitable arrangement

1. Provide information from the Pulenu'u of the village where the infant resided at the time of the request, and any other relevant sources such as the Government Women Representative in the village on any other suitable arrangement available in Samoa for the care, support and welfare of the infant.

2. Provide information as to whether there are other suitable arrangements e.g. agencies or homes for the infant in Samoa.

E. Any other relevant information

Provide any other relevant information either supporting or NOT supporting the proposed adoption from any relevant person/s or source.

Note:
Under Regulation 6 the Attorney General may appoint any suitable person to undertake such further enquiries and interviews as the Attorney General may direct. An authorised investigator may include a social worker, psychologist, medical practitioner, police officer or any person authorised by the Attorney General. The Attorney General shall consider the reports prepared by the authorised investigators to assist her determinations.

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Issued under the authority of the Regulations Ordinance 1953.
Date of Commencement: 17^th July 2006
Notices - Savali: 21^st July 2006

Samoa Observer: 16^th July 2006

These Regulations are administered in the Ministry of Justice, and Courts Administration.