d enquiry into the matters mentioned in Article 9.
According to paragraph 5 of the Adoption Act a child who has reached the age of 12 years may not, as a rule, be adopted unless he has given his consent to the adoption. If he has reached the age of 16 years, his consent to the adoption must always be obtained.
In a Circular Letter to the County Governors (fylkesmennene), their attention has been drawn to, inter alia, Article 9 of the Convention and the importance of comprehensive social enquiries before an adoption is granted has been stressed.
Article 10
The provisions of paragraphs 1 - 3 are implemented by paragraphs 10, 11 and 12 of the Adoption Act, cf. paragraph 3 of the Act of 29 May 1964 No. 1 on Personal Names. There are no provisions in Norwegian law corresponding to paragraph 2 section 2 and paragraph 4 of Article 10.
Paragraph 5 of this Article is implemented by paragraph 14 of the Adoption Act, giving an adopted child or his off-spring the same right of inheritance as a natural child of the adopter. An adopted child or his off-spring is inherited in a corresponding manner.
A limited exception to this rule is, however, found in paragraph 17 of the Adoption Act whereby the so-called Asetesrett (primogenitur), i.e. the right to acquire the family farm at a favourable rate, devolves upon the adopted child and its off-spring subsequently to the adopter's natural children and their off-spring. In this connection reference is made to paragraph 44 of the Explanatory Report on the Convention and what is said there about the possibility of making a certain differentiation between a child born in lawful wedlock and an adopted child as regards inheritance of land.
Article 11
The Act of 8 December 1950 No. 3 on Norwegian citizenship is practiced in accordance with Article 11 of the Convention with regard to adopted children.
Article 12
Paragraphs 1 and 2 of this Article are in accordance with the law now in force and its practice. As regards paragraph 3, Norway made a reservation at the time of signature due to the provision in paragraph 17 subsection 4 of the Adoption Act, cf. paragraph 1 subsection 2 of the Act. This reservation will be renewed when the Convention is ratified.
Article 13
Provisions dealing with revocation (termination) of an adoption are found in paragraphs 21 - 25 of the Adoption Act.
An adoption relationship may be terminated by the Ministry of Justice on petition from the adopter and the adopted child, provided the adopted child is not under age, cf. paragraph 21 subsection 1 of the Adoption Act. If the adopter is dead the adoption may, according to subsection 2 of paragraph 21, be terminated by the same authority, if this is found to be in the child's interest, and either the adopted child (or its guardian), or its natural parents or one of them makes a petition to this effect.
With the exceptions mentioned above an adoption can only be terminated by judgment and only if one of the following grounds is present:
1. If the adopter is guilty of gross offence against the adopted child, or of gross negligence of his duties to it, or if termination is found necessary considering the child's own interests (paragraph 22).
2. If the adopted child is guilty of gross offence against the adopter or his relatives, or if the adopted child's bad conduct makes the continuation of the adoption relationship manifestly unreasonable (paragraph 23 subsection 2).
3. If it is found that the adopted child is mentally deficient or insane or suffering from some other serious physical or mental defect or some malignant and protracted disease considered to have been contracted before the adoption and of which the adopter then had no knowledge. An action to terminate the adoption must, however, be brought within 5 years of the adoption (paragraph
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