Revised Laws of Saint Lucia (2021)

108.   Effect of adoption order

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    (1)   If an adoption order is made under section 107 —

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      (a)     the adopted child becomes the child of the adoptive parent and the adoptive parent becomes the parent of the adopted child;

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      (b)     the adopted child has the same rights in relation to the adoptive parent, as a child born to the adoptive parent;

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      (c)     the adoptive parent has the same parental responsibility to the adoptive child as the parent of a child born to the adoptive parent;

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      (d)     the adopted child ceases to be regarded as the child of the biological parent and the biological parent ceases to have parental responsibility with respect to the child, except a biological parent who remains as a parent jointly with the adoptive parent;

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      (e)     a person having custody of the child ceases to have custody of the child; and

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      (f)     a person whose consent is required under this Act, ceases to have a right or obligation to consent on a matter with respect to that child.

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    (2)   If a child is adopted for a subsequent time —

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      (a)     the child becomes the child of the subsequent adoptive parent;

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      (b)     the subsequent adoptive parent becomes the parent of the child;

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      (c)     the adoptive parent, immediately before the subsequent adoptive parent, ceases to have parental responsibilities with respect to the child except an adoptive parent who remains as a parent jointly with the subsequent adoptive parent; and

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      (d)     a person having custody of the child ceases to have custody of the child.

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    (3)   An adoption order does not affect an interest in property or a right of the adopted child that was vested in the child before the date of the adoption order.

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    (4)   For the purposes of any law relating to incest and the prohibited degrees of marriage, subsection (1) does not remove a person from a relationship by blood which, but for this section, would have existed between that person and another person.

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    (5)   In a will or other document made at any time before or after the commencement of this Act, and whether the maker of the will or document is alive on that day or not, a reference to a person or group of persons described in terms of relationship by blood or marriage to another person is deemed to refer to or include a person who comes within the description as a result of an adoption, unless the contrary is expressed.

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    (6)   Subject to subsection (7), if an adoption order is made in respect of a child, a maintenance order or an affiliation order in force with respect to the child and an agreement under which the biological father of the child has undertaken to make payments specifically for the benefit of the child, ceases to have effect.

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    (7)   A biological father of a child shall pay arrears of maintenance or affiliation payments specifically for the benefit of the child which are due under a maintenance order, an affiliation order or agreement at the date of the adoption order.