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Revised Laws of Saint Lucia (2022)

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118K. RIGHTS AND DUTIES OF PARENTS AND CAPACITY TO MARRY

(1) On an adoption order being made —
1. (a) the rights, duties, obligations and liabilities of the parents or tutors of the infant in relation to the future custody, maintenance and education of the infant, including the rights to appoint a tutor and to consent or give notice of dissent to marriage, are extinguished;
1. (b) the rights, duties, obligations and liabilities vests in and are exercisable by and enforceable against the adopter as if the infant were a child born to the adopter in marriage; and
1. (c) in respect of the rights, duties, obligation and liabilities vested under paragraph (b) and, in respect of the liability of a child to maintain his or her parents under the Civil Code, Cap. 4.01 the infant stands to the adopter exclusively in the position of a child born to the adopter in marriage.

(2) In a case where two spouses are the adopters, the spouses shall in respect of the matters aforesaid, and for the purpose of the jurisdiction of a Court to make orders as to the custody and maintenance of and right of access to children, and in any other matter under the laws of Saint Lucia, stand to each other and to the infant in the same relation as they would have stood if they had been the lawful father and mother of the infant and the infant shall stand to them, respectively in the same relation as to a lawful father and mother, respectively.

(3) For the purpose of the law relating to the marriage, an adopter and the person whom he or she has been authorised to adopt under an adoption order shall be deemed to be within the prohibited degrees of consanguinity; and this subsection continues to have effect although some person other than the adopter is authorised by a subsequent order to adopt the same infant.

(Inserted by Act 20 of 2019)

118K. RIGHTS AND DUTIES OF PARENTS AND CAPACITY TO MARRY

2. Interpretation

4. Functions of the Minister

5. Designation of child care service

6. Functions of the Director

7. Request for service from agencies

10. Request for assistance from parent or child

11. Response to request

12. Alternative dispute resolution

13. Report of child in need of care or protection

14. Protection of person

15. Investigation and assessment

16. Conduct of investigation and assessment

17. Order for the provision of information or assistance

18. Report of investigation and assessment

19. Action by Director

21. Assumption of care responsibility by the Director

22. Prompt application to court for a care order

23. Record of report and subsequent action

24. Care application

25. Notification of care application

26. Consideration of care plan

27. Review of care plan

28. Withdrawal of care application

29. Making of care order

30. Care and protection order

31. Effect of care and protection order

32. Duration of care and protection order

33. Duty of Director after termination of care and protection order

34. Emergency protection order

35. Duration of emergency protection order

36. Care responsibility

37. Delegation of care responsibility

38. Discharge of child from care responsibility

39. Transfer of child from child care service

40. Assessment order

41. Matters for consideration in making assessment order

42. Information concerning assessment

43. Report of assessment

44. Supervision order

45. Requirements of supervision order

46. Duration of supervision order

47. Duties of the Director in relation to a supervision order

48. Enforcement of supervision order

49. Contact order

50. Interim or final order

51. Making of interim care order

52. Child and family assessment report before final order

53. Parties to receive copy of final order

54. Variation and revocation of care order

55. Escape from a child care service

56. Other orders which may be made by the Court

57. Order accepting undertakings

58. Order for the provision of support services

59. Support services by government department, agency or funded non-government agency

60. Order to attend therapeutic or treatment programme

61. Compulsory assistance order

62. Contribution order

63. Orders with significant impact on persons

64. Application for recovery order

65. Recovery order

66. Conditions for foster care

67. Responsibility of foster parent

68. Visits to child in foster care

69. Persons prohibited from receiving a foster child

70. Transfer of foster child kept in unsuitable premises or by unsuitable persons

71. Notice to be given of change of residence

72. Foster parent to give notice

73. Establishment of Adoption Committee

74. Terms of appointment

75. Functions of the Adoption Committee

76. Secretary to the Adoption Committee

77. Office of the Adoption Committee

78. Oath or affirmation of secrecy

79. Conduct of meetings of the Adoption Committee

80. Report to the Minister

81. Placement of a child for adoption

82. Application for placement of a child

83. Home study assessment

84. Decision of the Adoption Committee

85. Review of decision of Adoption Committee

86. Confidentiality of information

87. Adoption List

88. Adoption Committee to have regard to Adoption List

89. Duties of the Division prior to placement

90. Supervision of placement

91. Transfer of care responsibility during placement

92. Return of child to child care service

93. Contravention of placement requirements

94. Advertising

95. Application for adoption order

96. Notice of application to Adoption Committee

97. Search of documents

99. Consent to be obtained prior to adoption

100. Form of consent

101. Dispensing with consent

102. Withdrawal of consent

103. Withdrawal of consent given outside Saint Lucia

104. Withdrawal of consent by the Court

105. Change of name

106. Interim adoption order

107. Adoption order

108. Effect of adoption order

109. Submission of certified copy of adoption order

110. Revocation of adoption on marriage of biological parents

111. Register of Adoption and other registers

112. Post Register of Adoption

113. Approval for inter-country adoptions

115. Memorandum of understanding

116. Provision and exchange of information

117. Matters to be considered in making decision on adoption

118. Making of payment prohibited

118A. INTERPRETATION: DIVISION 7

118B. APPLICATION

118C. POWER TO MAKE ADOPTION ORDER

118D. RESTRICTION ON MAKING ADOPTION ORDER

118E. CONSENT TO ADOPTION

118F. EVIDENCE OF CONSENT OF PARENT OR GUARDIAN

118G. FUNCTIONS OF COURT AS TO ADOPTION ORDERS

118H. INTERIM ORDER

118I. PROVISIONS AS TO EXISTING DE FACTO ADOPTIONS

118J. JURISDICTION, PROCEDURE AND RULES

118L. AFFILIATION ORDERS

118M. INTESTACY, WILL, AND SETTLEMENT

118N. PROVISIONS SUPPLEMENTARY TO SECTION 118M

118O. REGISTRATION OF ADOPTIONS UNDER THIS DIVISION

118P. RESTRICTION ON ADVERTISEMENTS

118Q. RESTRICTION ON SENDING INFANTS ABROAD FOR ADOPTION

118R. LICENCE TO SEND INFANT ABROAD FOR ADOPTION

118S. CONTINUATION OF ADOPTION UNDER THIS DIVISION

120. Releasing confidential information to unauthorised person

121. Limitation of liability

124. Regulations

126. (Repealed by Act 20 of 2019)