The process towards legal adoption

Dear Mrs Macaulay,

I am a dual Jamaican and American citizen. I have been taking care of my eight-year- old cousin from age two. His parents dropped him off with my grandmother, a retiree, claiming that they were not able to care for him. We took the responsibility but now want to move forward legally. We school (private), clothe, feed him, etc. He is a well-rounded, intelligent young man.

His father is my cousin, my grandmother’s brother’s son. He and the mother have agreed that they would like me to adopt him as my grandmother is elderly. His “parents” have agreed and are willing to execute any documents to do this. I would like to obtain an adoption order.

I would need to know what the first steps would be. I am a paralegal in New York and would be happy to start the process. I travel back and forth to Jamaica at least five times a year. I would just need to know how to start.

Any assistance or direction would be greatly appreciated.

This is a very good decision on your part to move your relationship and the obligations you had assumed for your cousin from the time he was only two years old, to a permanent and legal footing as the best plan for his and your grandmother’s future and which would be in his best interests. You say you wish to adopt him by obtaining an adoption order.

This is easily done, and as you are a paralegal, I have no doubts that you would be able to obtain and complete the application process with no trouble. As you live in the United States and are also a citizen, there are two ways you can adopt your cousin in Jamaica. One is by application for an adoption court order in Jamaica, and the other is an application for a Licence, which is also processed by the Child Protection and Family Services Agency (CPFSA) for submission to the Adoption Board, which when approved by the board, means that the child can be permitted to go and live with the applicant in the country in which she resides, with the use of the Licence for the immigration procedures and the adoption process must be finalised there.

All the requirements for this application and that for the application for it to be done in Jamaica are contained in a Guidelines document which you can obtain from the above agency by contacting them via their e-mail or by going to their website and obtaining copies of the Guidelines and relevant forms. The Guidelines are comprehensive and would answer all your questions clearly and you can also obtain the relevant forms for you to start your application process.

The Guidelines document also clearly informs you what supporting documents you would need to accompany your application. This is what you must do first, so that you ensure that you send in all documents required for your application to be accepted as being on proper form and for the process to proceed without any delay.

I am not going to paraphrase here what the Guidelines contain, as they are so comprehensive and clear, I do not wish to say anything which may lead to confusion.

As you come to Jamaica so frequently, you seem to have more than enough connection with Jamaica to apply to adopt your cousin in Jamaica and obtain your Adoption Order from the court here. I am therefore strongly suggesting that you apply for your adoption to be done and completed here in Jamaica rather than via the Licence process. You are the only one abroad while your grandmother, the child and the child’s parents are here. It would therefore be much easier for the agency to contact the parents and other family members here and you can easily obtain the application forms via the agency’s website and the Guidelines read, and proceed with your application after making sure that you have attached all original and/or certified copies of supporting documents as the Guidelines say are necessary.

You should follow and do what and how the Guidelines require in relation to every matter. The agency shall contact the child’s parents directly in order to assure itself that they are in full agreement with their child going to live with you and being adopted by you. After you have submitted your application, you shall be sent an acknowledgement within four weeks of the receipt of your application form and the supporting documents. You will be given a case number and also be given the name of your case officer, an adoption officer who you can contact and who shall advise you of the status of the stages of your application, and of any appointments made for the processing of your application and the manner, whether in person or online, in which they would be held.

So you should proceed to the website of the CPFSA and obtain your copy of the application forms and the Guidelines and proceed as you are therein advised.

The website for the CPFSA is www.childprotection.gov.jm. The e-mail address is info@childprotectiom.gov.jm and the telephone numbers are 1-876-948-7206/ 967-0967/ 948-6678.

If you have any problems in getting through, then send a note to my editor and inform me of your difficulty, including your contact e-mail, and I shall assist you to obtain direct contact with the agency, so that you can settle your young cousin’s life situation as quickly as possible.

All the very best to you and your family that your application is done and concluded to the satisfaction of you all.

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.