The adoption process
Dear Mrs Macaulay,
I’m currently residing in the US. I have a friend in Jamaica who has a two-year-old child who I plan to adopt. We would like to establish full legal guardianship of the child so that I can bring her to the USA with me while we go through the adoption process. Both parents are in agreement. What steps do I need to take for this process?
You really must first commence the process of adoption which will show, among other facts, that you have identified the child subject of your application, and that you reside in the United States of America where you and the child would live. You can then have an application prepared for you to have custody, care and control of the child and appointed as her guardian. Your application should be with you as the claimant and the parents as the respondents, with the Child Development Agency (CDA) as another respondent.
You must in your affidavit in support of your court application, exhibit a copy of your application to adopt the child and provide all the information relevant to your suitability and ability to care for the child. You should include all information regarding who and where and how she would be cared for and kept safe and sound, where and what school she would attend, and where she would have her religious practice and education.
In other words, you’d state every bit of information which would impress upon the judge dealing with the application that it would be in the best interest of the child to be in your sole care, and that the orders you seek should therefore be made in your favour.
Then the parents should respond to your application. This could be in a joint or individual affidavits. They must state their agreement with your application and state in full the reason why they believe that you are best suited to solely care for and be fully responsible for their child and become her parent. They must fully relate the circumstances of their lives which led them to the conclusion they reached to consent to you adopting their child; that it is in her best interests that this occur and that you have custody of her as soon as possible and at such a young age so that she can with greater ease develop a close relationship with you; and that the process of her adoption is ongoing and to aid that process her residence with you for the requisite period of time will inform the Adoption Board and assist in their decision about your application.
I suggest that you add the CDA and must of necessity serve it, because it is the relevant agency and this will cause them to attend the hearing and inform the court about the stage your adoption application has reached and the decisions thereon up to that date. They can inform the court whether their position regarding your application is a positive one. This will guide the judge and be the weightiest input for the decision being made in your favour. In fact, if you have met all the requirements for your application up to that stage, they may support your application at the hearing.
I trust that I have clarified your query for you and wish you all the very best.
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
