VPRS 11634 Court of Petty Sessions Adoption of Children Register

The adoption of children was first regulated by legislation with the commencement of the Adoption of Children Act 1928. This Act established adoption as a legal transfer of custody and of parental responsibility, and gave responsibility for making adoption orders to the courts. Prior to this time, adoptions were informal arrangements often made by private infants' homes.Under the 1928 Act an adoption application could be heard by the Supreme Court, County Court or Court of Petty Sessions. The choice of court depended upon the circumstances of the case and the wishes of the parties:* The Supreme Court could grant an adoption order in any circumstance* The County Court could grant an adoption order in any circumstance if the applicant(s) (ie the prospective adoptive parent(s)) chose to use this avenue* The Court of Petty Sessions closest to where either the applicant(s) or the child resided could grant an adoption order if several parties gave their written consent to the adoption, namely:- The child's natural parent(s) or guardian(s)- The person having custody of the child- Any person liable to contribute to the support of the child- Where the applicant was married, the applicant's spouse.If the consent of any of these persons could not be obtained in writing, a higher court had to be used.This system remained in place until the passing of the Adoption of Children Act 1958 which removed the jurisdiction of the Court of Petty Sessions to grant adoption orders. Since that time the County and Supreme Courts have had the power to grant adoption orders, although in practice most have been granted by the County Court.Court of Petty Sessions Adoption RegistersBetween the years 1928 and 1958, Courts of Petty Sessions maintained Adoption Registers to record the details of adoption applications and decisions made by the court. Only adoption applications heard by the Court of Petty Sessions were recorded in these registers; many orders were heard by the County Court.

1928年《儿童收养法》（Adoption of Children Act 1928）正式施行，儿童收养首次被纳入立法规制范畴。该法将收养确立为监护权与父母责任的合法移转，并将作出收养裁定的职权赋予法院。在此之前，收养多为私人育婴机构主导的非正式安排。依据1928年该法，收养申请可由最高法院、郡法院（County Court）或治安法院（Court of Petty Sessions）审理。法院的选择需结合案件具体情形与当事人意愿确定：最高法院可在任何情形下作出收养裁定；若申请人（即潜在收养人）选择该审理渠道，郡法院可在任何情形下作出收养裁定；若多方均出具收养书面同意书，具体包括儿童的生父母或监护人、实际照料儿童的人员、有法定抚养义务的人员；若申请人已婚，还需申请人配偶出具同意书，则距离申请人或儿童居住地最近的治安法院可作出收养裁定。若无法取得上述任一主体的书面同意，则需向上级法院提起申请。该体系一直沿用至1958年《儿童收养法》（Adoption of Children Act 1958）的颁布，该法取消了治安法院作出收养裁定的管辖权。自此以后，郡法院与最高法院均拥有作出收养裁定的职权，尽管实践中绝大多数收养裁定均由郡法院作出。治安法院收养登记册1928年至1958年间，各级治安法院均设立收养登记册，用于记录本院审理的收养申请与裁定细节。此类登记册仅收录治安法院审理的收养申请，另有大量收养裁定由郡法院审理。