Civil Code (Cap. 16), article 114A

114A. (1) When an application for an open adoption is made, the Court shall refer the case to the Adoption Service within t he Directorate of Alternative Care (Children and Y outh) who shall invite all parties, including the Child ren’s Advocate, the person or e ntity entrusted with the care and custody of the minor, where this is not vested in the parents, the parents and the prospective adoptive parents to draw up an agreement of open adoption. (2) The agreement of open adoption shall be presented to the Court for approval by not later than thirty (30) working days f rom the date when the case is referred to the Adoption Service within t he CIVIL CODE [CAP. 16. 53 Directorate of Alternative Care (Children and Youth). (3) When no agreement is reached as referred to in sub-article (2), the Adoption Service within the Directorate of Alternative Care (Children and Youth) shall notif y the Court by means of a note. (4) In the cases referred to in sub-article (3), the Court shall refer the case to a family mediat or, who shall invite all parti es for a meeting within ten (10) working days: Provided that all parties, including the person or entity entrusted with the care and cust ody of the minor, where this is not vested in the parents, the paren ts and the prospective adoptive parents shall participate during such mediation to draw up an agreement of open adoption: Provided further that the mediator may hear the minor, where the minor has sufficient un derstanding, with the presumpt ion that the minor has sufficient understanding unless proof is bro ught to the contrary: Provided further that where parties disagree on the agreement of open adoption, the Court shall set a date to hear all parties and shall decide upon th e agreement of open adoption in its final decree. (5) The open adoption agreement shall be presented to the Court for approval by not later than thirty (30) working days f rom the date when the case is referred to a family m ediator by the Cour t. (6) The Court may order that any changes are made to the open adoption agreement, if it is in th e best interest of the minor. Restrictions on making of adoption decrees. Substituted by: VII.1977.2. Amended by: XVIII.2004.33; IV .2008.31 XV .2017.53; XXIII.2017.46; XXIV . 2018.12; XXVII.2020.36; XXVIII.2024 .5.