Adoption can be described as the legal process that creates a new, parent-child relationship where a child is given up by a biological parent (s) or the state to be in the care of an adopted parent (s).  An adoption proceeding takes place in court before a Judge An Adoption is the process by which a child

Adoption allows an adoptive parent (s) all the rights and responsibilities of a biological parent and enables the child being adopted all social, emotional, and legal rights and responsibilities of a family member.

Before parental rights are assumed by the adoptive parents, the court determines that the biological parents have legally and with full understanding, voluntarily relinquished their parental rights or that those rights have been terminated by the courts.

Who can adopt a child?
Any parent (s) that meets the required standard of the adoption board.  Adoptive parents may be single or married, childless or already parenting other children.  In the case of joint applicants both spouses must consent to the adoption and one of the spouses must be at least age twenty-five years. In order for the single applicant to be able to adopt a child he or she must have attained the age of twenty-five (25) years.
The adoption order can still be granted if the adoptive parent (single or married) is under twenty-five years of age and is a relative of the child.

Divorce or a history of marital or personal counseling does not automatically eliminate a parent as a candidate.

What age can a child be adopted?
A child can be adopted in Jamaica from infant to age eighteen (18) years of age

In Jamaic most adoptions are inter-family; meaning aunt adopting a niece or a nephew, stepfather to stepson or stepdaughter etc.

Adoption procedures
The Court does not normally grant adoption order in respect of a female child to a sole male applicant, unless the court is satisfied that there are special circumstances which justify the granting of such order.

The application to adopt a child is made directly to the Adoption Board. The application (Form A) must be submitted along with a certificate from a registered medical practitioner (Form B) stating the physical and mental health of the applicant.  Once the Board is satisfied then a document is sent to the biological parents or the guardian of the child (Form C) which states that upon the granting of an adoption order all rights to the child are transferred to the adoptive parents. Before a document (Form D) which states that Form C has been read and understood and that the terms outlined in Form C are accepted. Form D must be executed in the presence of a Justice of the Peace.

Once the biological parent or the guardian of the child consents in writing to the adoption, the Board then conducts a detailed investigation into and obtains a report pertaining to the health and well being of the child. The report is required to be signed by a registered medical practitioner. A case committee consisting of no less than three (3) members of the Board is appointed to deal with the case. The Case Committee then conducts a detailed interview of the applicant. Additionally the prospective residence where the child will reside is also inspected by the Case Committee or by someone on its behalf. After being satisfied with the interview of the applicant by the Case Committee the child is then given to the adopted parent (s) for a probationary period. This period varies from three (3) months to six (6) months depending on the applicant’s residence here in Jamaica. If the applicant is living permanently here then the probationary period is three (3) months. If however the applicant is domiciled in Jamaica but not ordinarily resident in Jamaica then the probation period is six (6) months.

At least once a month during the probationary period, a representative of the Board will visit the premises where the child is staying and will observe how the child is coping with the environment. The representative will then submit a report to the Case committee on his or her observation. If the Case Committee is not satisfied with the report and the arrangements made for the child, they will then recommend to the Board that the child be taken from the care of the prospective adoptive parents.

If the Case Committee is not opposed to the adoption of the child, at the end of the probationary period, an application for an adoption order is made to either the Supreme Court of Judicature of Jamaica or to the Resident Magistrate’s Court closest in geographical location to the place where the child resides.   The application may be made by an Attorney-at-Law and shall be presented to the Court by a written statement in duplicate of Form A attached to the First Schedule of the Act accompanied by a statement of particulars according to Form B attached to the First Schedule of the Act. The court will then appoint an interim guardian in respect of the child. The biological parent (s) and or guardian of the child as well as any other individual who has ever had custody of or is liable to contribute to the care of the child will be made a respondent to the applicant and will be served with notice of the application. The Court sets a date for the application to be heard.

If the application is satisfactory at the hearing, an adoption order is made and the said order is served on the Registrar General Department. Once an adoption order is made, it is deemed that the adoption is legally complete and the applicant becomes the adoptive parent. Upon the granting of the order, all rights, duties, obligations, and liabilities of the biological parents of the child are extinguished and vest in the adopter as if the child had been born to the adopter. Additionally if the adopter dies interstate, then the property of the adopter shall vest in the child (in accordance with the relevant statute) as if the child had been born to the adopter.

When an adoption is approved, an adoption decree is issued, which legally changed the child’s name from biological to adopted parent’s name