De facto father wants to adopt

Dear Mrs Macaulay,

For over 18 months I have been providing financial and moral support to a 10-year-old child. I have paid for (to name a few) her school books, clothing, school fees, birthday gifts and Christmas gifts. Her biological father does not care about her, and is not in contact with her, not even on her birthday or Christmas holidays.

We talk on the phone at least once per week about school and other things, and text each other daily. I live in the USA but I was able to visit her at least five times last year. I love her very much, and she does likewise. Since I am in her life, her school work has improved tremendously. I would like her to finish high school in Jamaica before I fully adopt her. Her mother would like her last name to be changed to mine now, and I am willing to go along with the change.

My problem is, how effective can this name change be, and how would it affect my future adoption of her?

I note that you have assumed the fatherly role and responsibilities for the 10-year-old child you have written about. You have clearly developed a relationship with this child, even though you reside in the United States.

Any person’s name, including a child’s, can be changed by deed poll if it is outside the statutory period provided in the Registration (Births and Deaths) Act. The new name would become the person’s legal identity. A child is a person entitled to all the human rights of an adult and more.

However, it seems as if her biological father, though disinterested in her welfare, is still alive. If this is so his consent has to be sought and ideally obtained.

I would suggest that the mother and yourself apply for custody, care and control of the child with custody to you both and care and control to the mother. You may also add an application that you be appointed her guardian. These applications must be made in the Supreme Court and must be served on the father either directly or by way of an ordered substituted mode of service. These orders will enable you and the mother to make all the important decisions in her life until she attains her majority.

You say you want to wait until she finishes high school before you fully adopt her. All I would say about this is that an adoption has to be effected while the child is below the age of 18. If you wait too long you may not succeed in adopting her.

I do not believe that you need to have her name changed by deed poll or any other means if you apply for custody and guardianship of the child. You will be a legal joint custodial person with the mother and you will be her legal guardian.

Therefore, you ought to, on your next visit to Jamaica, retain the services of a lawyer to fully advise you and act for you so that you can have a legal status in relation to the child. Good luck.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.