McGregor

To the ordinary person, parents are viewed as the natural mothers and fathers of children. However, in many pieces of local legislation, something far greater than a natural relationship is contemplated when the custody, maintenance and education of a child are under review. Statutes, such as the Children (Adoption of) Act, may even serve to redefine parental rights and obligations and thereby construct entirely new relationships by substituting new parents for the existing parents of a child.

The act was passed on January 2, 1958 and thereby established the Adoption Board and the procedure for securing the adoption of a child, (a person under the age of 18).

Today, we will focus on some of the effects of an adoption order:

1. All rights, duties obligations and liabilities of the parents or guardian in relation to the future custody, maintenance and education of the child are extinguished.

2. The adoptive parent or parents (adopter) become vested with rights, duties, obligations and liabilities, as if the child was born to them in lawful wedlock.

3. The natural children of the adopter become the brothers and sisters of the adopted child. They cannot marry each other and could be charged for incest if they should have sexual relations with each other.

4. The adoption order affects all other types of relationships as well. The natural grandparents and siblings will also cease to be the child's grandparents and siblings when the adoption order takes effect.

5. Adopted children have rights to benefit from the estate of the adopter in the same manner as the adopter's natural children would.

6. When an adoption order is made by the Resident Magistrate or Family Court, an entry will be made in the Adoption Children Register with the word 'adopted'. A new birth certificate could then be issued and the child will usually take the adopter's surname.

The index of the Adoption Children Register is open to being searched. However, records which trace the connection between the Adoption Children Register, and the Register of Births, are not open to public inspection.

There are more complicated aspects of adoption. For example, could the adopted child seek a declaration of paternity in respect of his or her natural parent in the future? I have not found any local authority to answer that question. However, in New Zealand, the question was answered in the negative, although the court also said that it would not prevent the adopted child from determining the biological connection if proof was required for legal purposes.

One interesting aspect of the Act is worth highlighting - except in special circumstances, an adoption order will not be made in respect of a female child in favour of a sole male applicant.

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.