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S.I. No. 170/1990 - Adoption Rules, 1990

Type Statutory Instrument

Publication 1990-07-06

Last updated 2010-07-14

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 13

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2010-07-14, Adoption Act 2010

Reform history JSON API

Form 5C.

CONSENT TO ADOPTION.

(For use where the applicant is a widow/widower and is known to the consenting party).

Form 5D.

CONSENT TO ADOPTION.

(For use where the applicant is a widow/widower and is not known to the consenting party).

Form 6.

INTERIM ORDER.


WHEREAS an application has been made to An Bord Uchtala (hereinafter called "the Board") by ..............
by occupation .............................................. and resident at ............................................................ .........................
............................................................ ............................................................ ............................................................ ......
and his wife ............................................................ hereinafter called "the applicant/applicants" for an adoption order under the Adoption Acts, 1952 to 1988 (hereinafter called "the Acts") authorising him/her/them* to adopt
............................................................ ............................................................ ............................................................ ......
born on the ............................................................ ......... the probable date of whose birth has been determined by the Board to be the ............................................................ ............................................................ ......
............................................................ ............................................................ ............................................................ .......
born on the ............................................................ ............................................................ . the probable date of
whose birth has been determined by the Board to be the ............................................................ .........................
............................................................ ............................................................ ............................................................ ...
AND WHEREAS the Board is satisfied that the requirements of the Acts with regard to the qualifications and suitability of the applicant/each of the applicants to adopt the child and to the eligibility of the child to be adopted by the applicant/applicants have been fulfilled or is of opinion that such requirements are likely to be fulfilled before the expiration of the probationary period mentioned hereunder:
AND WHEREAS all the consents required by the Acts have been obtained or dispensed with in accordance with the provisions of the Acts:
AND WHEREAS the Board is satisfied that the child is identical with .................................................... to whom the entry numbered ................................................ made on the ...................... day of ...................... 19............., in the Register of Births for the District of ............................................................ ............................ in the County of .......................................... relates:
NOW, THEREFORE, the Board orders as follows—
1. This application shall stand adjourned until further order;
2. The applicant/applicants shall have custody of the child for a probationary period beginning on the ........................................................ and ending on the ................................................ subject to the following conditions:

GIVEN under the Official Seal of the Board this .................... day of

................ 19 ............ Chairman/Registrar/a person authorised by

the Board to attest the seal of the Board*.

*Delete words which do not apply.

Form 7A.

ADOPTION ORDER.


WHEREAS an application has been made to An Bord Uchtala (hereinafter called "the Board") by ............................. by occupation ....................................... and resident at ........................................................ ............................................................ ............................................................ ............................................................ ..... and his wife ............................................................ hereinafter called "the applicants") for an adoption order under the Adoption Acts, 1952 to 1988 (hereinafter called "the Acts"), authorising them to adopt ............................................................ .....
............................................................ ............................................................ ............................................................ .
born on the ............................................................ ............................................................ .......................................
AND WHEREAS the Board is satisfied that the requirements of the Acts with regard to the qualifications and suitability of each of the applicants to adopt the child and to the eligibility of the child to be adopted by the applicants have been fulfilled:
AND WHEREAS all the consents required by the Acts have been obtained or dispensed with in accordance with the provisions of the Acts:
AND WHEREAS the Board is satisfied that the child is identical with ................................. to whom the entry numbered .................................. made on the ............... day of ................................ 19.........., in the Register of Births for the District of ............................................................ ........................................................ in the County of ............................................................ relates:
NOW, THEREFORE, the Board hereby makes an order for the adoption of the child by the applicants.

GIVEN under the Official Seal of the Board this .................... day of

.............. 19 ............ Chairman/Registrar/a person authorised by the

Board to attest the seal of the Board*.

*Delete words which do not apply.

Form 7B.

ADOPTION ORDER.


WHEREAS an application has been made to An Bord Uchtala (hereinafter called "the Board") by ................................ by occupation .................................... and resident at ............................................................ ..... ............................................................ ............................................................ ............................................................ ........ and his wife ............................................................ hereinafter called "the applicant/applicants")for an adoption order under the Adoption Acts, 1952 to 1988 (hereinafter called "the Acts") authorising him/her/them to adopt ............................................................ ............................................................ ................................................ born on the ............................................................ .../* the probable date of whose birth has been determined by the Board to be the ............................................................ ............................................................ ............................................................ .......
AND WHEREAS the Board is satisfied that the requirements of the Acts with regard to the qualifications and suitability of the applicant/each of the applicants to adopt the child and to the eligibility of the child to be adopted by the applicant/applicants have been fulfilled:
AND WHEREAS all the consents required by the Acts have been obtained or dispensed with in accordance with the provisions of the Acts:
AND WHEREAS the Board is satisfied that the child is identical with .......................................... to whom the entry numbered ................................. made on the ................... day of ................... 19........., in the Register of Births for the District of ............................................................ ............................................................ .................... in the County of relates:
NOW, THEREFORE, the Board hereby makes an order for the adoption of the child by the applicant/applicants*.

GIVEN under the Official Seal of the Board this .................... day of ................

19 ............ Chairman/Registrar/a person authorised by the Board to attest

the seal of the Board*.

*Delete words which do not apply.

Form 7C.

ADOPTION ORDER.


WHEREAS an application has been made to An Bord Uchtala (hereinafter called "the Board") by ..............................by occupation .............................. and resident at ............................................................ ........
............................................................ ............................................................ ............................................................ ....
and his wife ............................................................ .. (hereinafter called "the applicants") for an Adoption Order under the Adoption Acts, 1952 to 1988 (hereinafter called "the Acts"), authorising them to adopt
............................................................ ............................................................ ............................................................ .....
born on the ............................................................ ............................................................ ...........................................
AND WHEREAS the Board is satisfied that the requirements of the Acts with regard to the qualifications and suitability of each of the applicants to adopt the child have been fulfilled:
AND WHEREAS the Board is satisfied that in the particular circumstances of this case it is desirable to make an adoption order notwithstanding that the child was more than seven years of age at the date of the application for this order:
AND WHEREAS the Board is satisfied that the child is otherwise eligible to be adopted by the applicants:
AND WHEREAS the Bord has given due consideration to the wishes of the child having regard to his/her* age and understanding:
AND WHEREAS all the consents required by the Acts have been obtained or dispensed with in accordance with the provisions of the Acts:
AND WHEREAS the Board is satisfied that the child is identical with ......................................to whom the entry numbered ................................. made on the ................ day of ............................................... 19.............., in the Register of Births for the District of ............................................................ ...................................... in the County of ............................................................ ............................................................ ......................... relates.
NOW, THEREFORE, the Board hereby makes an order for the adoption of the child by the applicants.

GIVEN under the Official Seal of the Board this .................... day of ................

19 ............ Chairman/Registrar/a person authorised by the Board

to attest the seal of the Board*.

*Delete words which do not apply.

Form 7D.

ADOPTION ORDER.


WHEREAS an application has been made to An Bord Uchtala (hereinafter called "the Board") by................
by occupation ................................................ and resident at ............................................................ ..
............................................................ ............................................................ ..................................................
and his wife ............................................................ (hereinafter called "the applicant/applicants") for an adoption order under the Adoption Acts, 1952 to 1988 (hereinafter called "the Acts") authorising him/her/them to adopt ............................................................ ............................................................ ............. born on the .................................................../* the probable date of whose birth has been determined by the Board to be the ............................................................ ............................................................ ....................
AND WHEREAS the Board is satisfied that the requirements of the Acts with regard to the qualifications and suitability of the applicant/each of the applicants* to adopt the child have been fulfilled:
AND WHEREAS the Board is satisfied that in the particular circumstances of this case it is desirable to make an adoption order notwithstanding that the child was more than seven years of age at the date of the application for this order:
AND WHEREAS the Board is satisfied that the child is otherwise eligible to be adopted by the applicant/applicants*:
AND WHEREAS the Board has given due consideration to the wishes of the child having regard to his/her* age and understanding:
AND WHEREAS all the consents required by the Acts have been obtained or dispensed with in accordance with the provisions of the Acts:
AND WHEREAS the Board is satisfied that the child is identical with ................................................. to whom the entry numbered ............................... made on the .............. day of .......................... 19............, in the Register of Births for the District of .........................................in the County of ............................................................ ................................ relates.
NOW, THEREFORE, the Board hereby makes an order for the adoption of the child by the applicant/applicants*.

GIVEN under the Official Seal of the Board this .................... day of

................ 19 ............ Chairman/Registrar/a person authorised by the

Board to attest the seal of the Board*.

*Delete words which do not apply.

Form 8.

APPLICATIONS FOR REGISTRATION OF ADOPTION SOCIETY.

I, the undersigned person, being duly authorised on behalf of the adoption society called ............................................. hereby apply to an Bord Uchtala (hereinafter called "the Board") to have the society registered under the Adoption Acts, 1952 to 1988 as an adoption society. The following are particulars of the Society.


1. Address of society's headquarters	1. Address of society's headquarters	............................................................ .......................
		(block letters)
		............................................................ .........................
2. Date of establishment	2. Date of establishment	............................................................ ..........................
3. Objects of the society (A copy of the society's constitution or other instrument (if any) governing its activities should be attached).	3. Objects of the society (A copy of the society's constitution or other instrument (if any) governing its activities should be attached).	............................................................ .........................
4. Full names, addresses, occupations, experience in social work and related qualifications (if any) of:	4. Full names, addresses, occupations, experience in social work and related qualifications (if any) of:	4. Full names, addresses, occupations, experience in social work and related qualifications (if any) of:
(a) all members of the committee controlling the activities of the society and	[image omitted]	Attach separate lists.
(b) all persons employed by the society, whether voluntary or paid, on work connected with adoption.
5. Full names, addresses, and qualifications of:	5. Full names, addresses, and qualifications of:	5. Full names, addresses, and qualifications of:
(a) the society's medical adviser	(a) the society's medical adviser	............................................................ ..........................
		............................................................ ..........................
		............................................................ ..........................
(b) the society's legal adviser	(b) the society's legal adviser	............................................................ ..........................
		............................................................ ..........................
		............................................................ ..........................
6. How is the society financed?	6. How is the society financed?	............................................................ ..........................
		............................................................ ..........................
		............................................................ ..........................
7. State briefly how the society proposes to function as a registered adoption society — in what children it proposes to interest itself and in what circumstances it proposes to arrange adoptions.	7. State briefly how the society proposes to function as a registered adoption society — in what children it proposes to interest itself and in what circumstances it proposes to arrange adoptions.	............................................................ ..........................
7. State briefly how the society proposes to function as a registered adoption society — in what children it proposes to interest itself and in what circumstances it proposes to arrange adoptions.	7. State briefly how the society proposes to function as a registered adoption society — in what children it proposes to interest itself and in what circumstances it proposes to arrange adoptions.	............................................................ ..........................
7. State briefly how the society proposes to function as a registered adoption society — in what children it proposes to interest itself and in what circumstances it proposes to arrange adoptions.	7. State briefly how the society proposes to function as a registered adoption society — in what children it proposes to interest itself and in what circumstances it proposes to arrange adoptions.	............................................................ ..........................
............................................................ ..........................
8. Does the society propose to confine its activities to work connected with adoption? (if not, give particulars of other services to be provided)	8. Does the society propose to confine its activities to work connected with adoption? (if not, give particulars of other services to be provided)	............................................................ .......................
8. Does the society propose to confine its activities to work connected with adoption? (if not, give particulars of other services to be provided)	8. Does the society propose to confine its activities to work connected with adoption? (if not, give particulars of other services to be provided)	............................................................ .........................
............................................................ .........................
9. What arrangements will the society make for the care of children awaiting placement for adoption?	9. What arrangements will the society make for the care of children awaiting placement for adoption?	............................................................ ........................ ............................................................ ......................... ............................................................ ........................
The society hereby undertakes:—	The society hereby undertakes:—	The society hereby undertakes:—
(a) To furnish to the Board such further information as the Board may think necessary to enable it to determine if the society is entitled to be registered, and	(a) To furnish to the Board such further information as the Board may think necessary to enable it to determine if the society is entitled to be registered, and	(a) To furnish to the Board such further information as the Board may think necessary to enable it to determine if the society is entitled to be registered, and
(b) If registered, to make available to the Board, when requested, in relation to any and every child with whose proposed adoption the society is concerned, all material facts known to the society relating to the child, to the child's natural parents and to the proposed adopters, for the assistance and guidance of the Board prior to the making of an adoption order.	(b) If registered, to make available to the Board, when requested, in relation to any and every child with whose proposed adoption the society is concerned, all material facts known to the society relating to the child, to the child's natural parents and to the proposed adopters, for the assistance and guidance of the Board prior to the making of an adoption order.	(b) If registered, to make available to the Board, when requested, in relation to any and every child with whose proposed adoption the society is concerned, all material facts known to the society relating to the child, to the child's natural parents and to the proposed adopters, for the assistance and guidance of the Board prior to the making of an adoption order.
STATUTORY DECLARATION.	STATUTORY DECLARATION.	STATUTORY DECLARATION.
I ............................................................ ............................................................ ............................................................ ....	I ............................................................ ............................................................ ............................................................ ....	I ............................................................ ............................................................ ............................................................ ....
do solemnly and sincerely declare that the foregoing particulars stated in this application are true and I made this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .	do solemnly and sincerely declare that the foregoing particulars stated in this application are true and I made this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .	do solemnly and sincerely declare that the foregoing particulars stated in this application are true and I made this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .
Signature	Signature	............................................................ ..........................
Office held in the Society	Office held in the Society	............................................................ ..........................
Address	Address	............................................................ .......................... ............................................................ ..........................
Date	Date	............................................................ ..........................
Declared before me, by ............................................................ ..................................................... (name of declarant)	Declared before me, by ............................................................ ..................................................... (name of declarant)	Declared before me, by ............................................................ ..................................................... (name of declarant)
who is personally known to me (or who is identified to me, by	who is personally known to me (or who is identified to me, by	who is personally known to me (or who is identified to me, by
............................................................ ............................................................ ............................................................ .............	............................................................ ............................................................ ............................................................ .............	............................................................ ............................................................ ............................................................ .............
who is personally known to me) at ............................................................ ..........................................................	who is personally known to me) at ............................................................ ..........................................................	who is personally known to me) at ............................................................ ..........................................................
on this ...................................... day of ............................................................ ........................................ 19...............	on this ...................................... day of ............................................................ ........................................ 19...............	on this ...................................... day of ............................................................ ........................................ 19...............
		Signed............................................................ ..........
		Description (h) ......................................................
(a) This declaration should be made before a Notary Public or a Commissioner for Oaths or a Peace Commissioner.	(a) This declaration should be made before a Notary Public or a Commissioner for Oaths or a Peace Commissioner.	(a) This declaration should be made before a Notary Public or a Commissioner for Oaths or a Peace Commissioner.

Form 9.

FORM OF ENTRY IN ADOPTION SOCIETIES REGISTER.


Serial No.	Name of Society	Address of Society's Headquarters	Name and address of Chairman/ President of Society	Name and address of Secretary of Society	Date of application for registration	Date of registration	Remarks

Form 10.

ADOPTION ACTS, 1952 TO 1988.

Memorandum to be furnished by a registered adoption society to a mother, father or guardian who proposes to place a child with a registered adoption society for adoption.


Name of Registered Adoption Society	............................................................ ....................................................
Address	............................................................ ....................................................
	............................................................ ....................................................
Telephone No.	............................................................ ....................................................
Consent to the placing for adoption of ............................................................ ............................................. (here set out name of child) born on the ........................... day of ............................................................ .... 19.............................	Consent to the placing for adoption of ............................................................ ............................................. (here set out name of child) born on the ........................... day of ............................................................ .... 19.............................

Effect of an Adoption Order

If an adoption order is made for the child, you will lose all your parental rights and will be freed from all parental duties. These rights and duties will be transferred permanently to the adopters. The child will thereafter be regarded as their child as if the child were born to them in marriage.

Payments by Natural Father

If the child was born outside marriage and the natural father is under a legal obligation to make payments for the benefit of the child, he will not be legally bound to continue these payments after the adoption order is made.

Consent to the Making of an Adoption Order

An Bord Uchtala (The Adoption Board) will not make an adoption order without the consent of

(a) the mother of the child,

(b) any person appointed by court order or otherwise to be the child's guardian,

unless any such consent is dispensed with by the Board in accordance with the law.

The consent of the natural father to the making of an adoption order for a child born outside marriage is required in the following circumstances—

(a) where he marries the mother after the birth of the child, or

(b) where he has been appointed a guardian of the child or has been granted custody of the child pursuant to a court order (or otherwise has custody).

Where the prospective adopters, the child and the natural parents, or if the child was born outside marriage, his mother, are not all of the same religion, every person whose consent to the making of an adoption order is required must know, when giving such consent, the religion (if any) of each of the prospective adopters.

A consent may be withdrawn at any time before the making of an adoption order,

Dispensing with Consent

The law permits An Bord Uchtala (The Adoption Board) to dispense with the consent of any person to the making of an adoption order if it is satisfied that that person (a) is incapable by reason of mental infirmity of giving consent, or (b) cannot be found.

Where a person who has consented to the placing of a child for adoption fails, neglects or refuses to give consent to the making of an adoption order, or withdraws a consent already given, it is open to the prospective adopters, if they have applied for an adoption order for the child, to apply to the High Court for an order under section 3 of the Adoption Act, 1974 . The High Court, if it is satisfied that it is in the best interests of the child so to do, may make an order under that section (a) giving custody of the child to the prospective adopters, and (b) authorising An Bord Uchtala (The Adoption Board) to dispense with such consent to the making of an adoption order in their favour.

Reclaim of Child

If, after the child has been placed with prospective adopters and before the making of the adoption order, you change your mind and want to reclaim your child, you should contact the adoption society without delay. If the prospective adopters decline to give up the child, it is open to you to institute proceedings to have custody of the child restored to you. Should this situation arise you would need to consult a solicitor as a court case may be involved.

RECEIPT FOR FORM 10.

(Detach here).

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In the matter of an application for the adoption of the child ............................................................ ................	In the matter of an application for the adoption of the child ............................................................ ................
............................................................ ............................................................ ............................................................ .	............................................................ ............................................................ ............................................................ .
I, ............................................................ ........................................ (name) of...........................................................	I, ............................................................ ........................................ (name) of...........................................................
............................................................ ............................................................ ............................................... (address)	............................................................ ............................................................ ............................................... (address)
Bachelor/Spinster/Married/Divorced/Widow/Widower (a) aged eighteen years and upwards (or, if under eighteen, aged .......................... years), make oath and say as follows:—	Bachelor/Spinster/Married/Divorced/Widow/Widower (a) aged eighteen years and upwards (or, if under eighteen, aged .......................... years), make oath and say as follows:—
1. I have been informed and I believe that an application has been made under serial number ........................................ (b) for an adoption order in respect of the said child.	1. I have been informed and I believe that an application has been made under serial number ........................................ (b) for an adoption order in respect of the said child.
2. I am the mother of the said child/the father of the said child/a guardian of the said child/a person having charge of or control over the said child. (c)	2. I am the mother of the said child/the father of the said child/a guardian of the said child/a person having charge of or control over the said child. (c)
3. (To be completed by the mother only) I did/did not marry the father of the said child. (d)	3. (To be completed by the mother only) I did/did not marry the father of the said child. (d)
4. (To be completed by the mother only) I am/I am not the sole guardian of the said child. The father has/has not been appointed a guardian of the said child pursuant to a court order or otherwise. (e)	4. (To be completed by the mother only) I am/I am not the sole guardian of the said child. The father has/has not been appointed a guardian of the said child pursuant to a court order or otherwise. (e)
5. (To be completed by the mother only). To the best of my knowledge and belief the father has not instituted proceedings in relation to guardianship or custody of the said child. (f)	5. (To be completed by the mother only). To the best of my knowledge and belief the father has not instituted proceedings in relation to guardianship or custody of the said child. (f)
6. I am the father of the said child and I married the mother of the said child. (g)	6. I am the father of the said child and I married the mother of the said child. (g)
7. The child is not less than six weeks old, having been born on the ........ day of ................., 19..........	7. The child is not less than six weeks old, having been born on the ........ day of ................., 19..........
8. I know that the religion of the applicant is ............................................................ .........................	8. I know that the religion of the applicant is ............................................................ .........................
9. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the said child and that these rights and duties shall be transferred to the adopter.	9. I understand that the nature and effect of an adoption order is that I shall lose all parental rights and that I shall be freed from all parental duties with respect to the said child and that these rights and duties shall be transferred to the adopter.
10. I have been informed and I understand that An Bord Uchtala (Adoption Board) may make an adoption order in respect of the said child at any time after the signing of this consent.	10. I have been informed and I understand that An Bord Uchtala (Adoption Board) may make an adoption order in respect of the said child at any time after the signing of this consent.
11. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above and I know that the applicant is a widow/widower. (h)	11. I hereby freely give my consent to the making of an adoption order in pursuance of the application referred to above and I know that the applicant is a widow/widower. (h)
12. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtala, Hawkins House, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.	12. I have been informed and I understand that this consent may be withdrawn at any time before the making of the adoption order, by informing An Bord Uchtala, Hawkins House, Dublin 2, and that on the making of the adoption order my consent becomes irrevocable.
13. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or otherwise to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing. I also understand that if I wish to be heard I will be informed of the date on which the Board will hear me or my counsel or solicitor.	13. I have been informed and I understand that I am entitled to be heard in person or to be represented by counsel or solicitor on the application for the adoption order or otherwise to be consulted again in relation to the application and that I should indicate my wishes in this respect in writing. I also understand that if I wish to be heard I will be informed of the date on which the Board will hear me or my counsel or solicitor.
14. I say that my wishes in respect of the matters referred to in paragraph 13 above are as follows:—	14. I say that my wishes in respect of the matters referred to in paragraph 13 above are as follows:—
(i) I do/I do not wish to be heard on the application for the adoption order. (i)	(i) I do/I do not wish to be heard on the application for the adoption order. (i)
(ii) I do/I do not wish otherwise to be consulted again in relation to the application for the adoption order. (j)	(ii) I do/I do not wish otherwise to be consulted again in relation to the application for the adoption order. (j)
15. I understand that this affidavit may be used as evidence that I consent to the adoption order being made.	15. I understand that this affidavit may be used as evidence that I consent to the adoption order being made.
	Signature............................................................ ............
Sworn at ............................................................ ............ in the county of ............................................	Sworn at ............................................................ ............ in the county of ............................................
on this ........................... day of ............................................................ ....................... 19 ....................	on this ........................... day of ............................................................ ....................... 19 ....................
before me, and I know the deponent (or and I know............................................................ ..............	before me, and I know the deponent (or and I know............................................................ ..............
............................................................ ............................................................ ..........................................	............................................................ ............................................................ ..........................................
who certifies to me that he knows the deponent).	who certifies to me that he knows the deponent).
	Signature............................................................ ...........
	Description (k) ............................................................
(a), (c), (d), (e), (f), (g), (h), (i) and (j) Delete words which do not apply. All deletions must be initialled by the deponent and by the person before whom the affidavit is sworn.	(a), (c), (d), (e), (f), (g), (h), (i) and (j) Delete words which do not apply. All deletions must be initialled by the deponent and by the person before whom the affidavit is sworn.
(b) Where the identity of the applicant is not known to the consenting party the applicant should request the board to assign a serial number to the application and this number should be inserted here.	(b) Where the identity of the applicant is not known to the consenting party the applicant should request the board to assign a serial number to the application and this number should be inserted here.
(k) If the affidavit is being sworn in the State it should be sworn before a Commissioner for Oaths; if it is being sworn elsewhere it should be sworn before a Notary Public or other person duly authorised to administer oaths.	(k) If the affidavit is being sworn in the State it should be sworn before a Commissioner for Oaths; if it is being sworn elsewhere it should be sworn before a Notary Public or other person duly authorised to administer oaths.