The Main Steps Involved in Obtaining an Adoption Order

An adoption application must be made in Court for you to adopt the child.

Step 1

The following documents must be prepared:

1. two copies of the Adoption Petition (This is the formal application signed as a sworn statement by the person/s applying to adopt a child);
2. the Consent of:
1. the natural parents or the guardian of the child; or
2. the person having actual custody of the child (usually an official of the government); or
3. the person who is currently contributing to the support of the child (such as an orphanage or welfare home), as the case may be;
3. the original copy of the child's birth certificate; and
4. a copy of the marriage certificate of the adoptive parents if the application is jointly made by the spouses. The Adoption Petition and the Consent must be in the standard form and must be signed before a Commissioner for Oaths.

Step 2

The above documents must be stamped and then filed at the following address:

Adoption Counter,
Registry Two, Level Four,
The Subordinate Courts,
Paterson Complex.

Step 3

The Attorney General will then be appointed as the temporary guardian of the child until the Adoption Order has been granted. The Attorney General's role is to make sure that all parties fulfill their lawful duties towards the child.

Step 4

The Attorney General will appoint a welfare officer from the Ministry of Community Development to investigate the proposed adoption.

Q: What do the welfare officers actually do?

In rare cases, the welfare officials from the Ministry of Community Development start the process by bringing the adopters and the child together after heavy screening. These situations are exceptional as not very many children are available for adoption.

Most adoptions are arranged privately. In such cases, the welfare officer will contact the adoptive parents and conduct surprise checks/ home visits. They will also have checked on the adoptive parents’ background. One of the things they will investigate is to establish to that there are no payments or money transactions involved in the adoption. BUYING AND SELLING A CHILD IS ILLEGAL. The adopters may however pay for hospitalization fees and other related expenses. A detailed report will then be written with the recommendations or objections.

In conducting these investigations, the welfare officer will try to balance the need to ensure the best possible arrangement for the child's welfare against causing as little intrusion into the child's life as possible.

Step 5

Once investigations are completed, the welfare officer will have to file an affidavit (a sworn statement) either recommending or opposing the adoption.

Step 6

The adoptive parent(s) or their lawyers may then apply for a date for the court to hear the Adoption Petition. The following persons will be present at the hearing:

1. the adoptive parents or their lawyers
2. the counsel from the Attorney Chambers Office and
3. the Judge.

Step 7

At the hearing, the Judge can make any of the following Orders:

1. Grant an Adoption Order;
2. Dismiss the Adoption Petition;
3. Make an Interim (temporary) Order giving custody of the child to the applicant (s) for a probationary period not exceeding 2 years ; or
4. Make a Conditional Order (an Adoption Order subject to conditions that the Court may impose). The hearing will be in private chambers of the Judge to ensure confidentiality of the proceedings.

1. Consent has been given by the child's natural parent/guardian unless consent has been dispensed with;
2. The welfare and wishes of the child ;and
3. There was no payment or reward given for the adoption. It is illegal for both the adopters and the parent/guardian to receive any payment/reward unless the Court has approved.

Q: What if after all the trouble which the adoptive parents took to go through the adoption process, the natural mother change her mind and revoke her consent?

The existing law does not allow the Court to revoke the adoption order. Once the Adoption Order is granted by the Court, the natural parents cannot take back the child unless they can prove that they had been cheated into giving the consent.

Step 8

If the Adoption Order is granted, the Registry of Births will issue a new birth certificate.

Since 1972, all new birth certificates issued after an Adoption Order shows that the adoptive parents as, simply, "parents". The adoption details are kept under lock and key with the Registrar-General and no one is allowed to see them without his permission.

The Registrar of Births requires the adoptive parents to produce a copy of the Adoption Order when collecting the birth certificate.Q: If I suspect that I am adopted, can I inspect the Adoption of Children Register to find out who are my natural parents?