Adoption procedures
DEAR MRS MACAULAY,
I am from Philadelphia, USA. I am writing this letter because I want to adopt my 14-year-old second cousin because her mom is not working and can’t afford to take care of all her three kids. It’s been something that I’ve wanted to do, but was unsure. Now I’ve decided that I really want to help my cousin and adopt her daughter to take her to the United States, and hopefully get her in school and get a scholarship for college eventually. I am a citizen as well and wanted to find out about roughly how long the process is and what I need to do to make this happen.
Your reference to the mother denotes her as a single parent as you made no mention whatsoever about your cousin’s father. Can the father be found to be served documents?
I understand from what you said that your cousin has not yet visited and stayed with you in the United States, but you wish to commence the process to culminate in your adoption of her and get her up to you as soon as possible. I will not venture to state how long it will take for you to apply for and have the process of your adoption completed. I can only say that it takes a good while and that it will take as long as you and the Adoption Board take to do all that is necessary and conclude all the processes.
Let me deal first with how you can put yourself in the position to have your cousin go to stay with you in the United States while your application for her adoption is progressing. You can accomplish this by applying to the Supreme Court to be appointed as her guardian and for orders that you have legal custody and care and control of her. Once you obtain these orders, this will enable you to obtain the necessary visa for her to go and reside with you. Then her residential period with you will be built up and this will assist you in the adoption process, as you can then hopefully show that she is developing well and is happy and content in your care.
To achieve this, you will have to retain the services of an attorney-at-law to whom you should provide all the necessary information and the necessary documents for the preparation of your application to the court for the orders appointing you as guardian and granting you sole custody and care and control, and for your application for her adoption. You or your lawyer on your behalf can contact the Adoption Board at the Child Development Agency, 48 Duke Street, Kingston, to obtain the Pre-Adoption Information Form and information package. Or, better yet, go to the websites —
www.cda.gov.jm,www.cda.gov.jm/adoption/ oradopt.com/jamaica — as these will provide you with the necessary information for you to commence your adoption application.
You can, as I have suggested, make the applications to the Supreme Court so that you can obtain and possess the legal authority to make all decisions about your cousin and to have her reside with you, as long as you successfully obtain a visa for her to do so. Then take steps to retain the services of an attorney here to act for you to prepare, file, ensure service and represent you at the hearing of your application to be appointed as your cousin’s guardian and for orders granting you sole custody and care and control of her. Your application will have to be supported by your affidavit, putting all the relevant facts for the consideration of the judge, and it can be filed with her mother and (if known and can be found) her father as defendants. The mother in her affidavit in answer will clearly state therein her agreement with the application and her reason for her decision. The father should in his affidavit reply in a like manner. It may be necessary to effect a substituted service on the father if he is alive, but his whereabouts are unknown. Your lawyer will know what to do.
I hope I have clarified the matter for you and you can move ahead now. Good luck to you and your cousin.
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. All responses are published. Mrs Macaulay cannot provide personal responses.
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.
