Revised Laws of Saint Lucia (2021)

113.   Approval for inter-country adoptions

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    (1)   A person who is not a resident of Saint Lucia may make an application to the Adoption Committee for the adoption of a child resident in Saint Lucia as provided for in this Part.

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    (2)   An application under subsection (1) shall be made by the applicant and presented by himself or herself or through an attorney-at-law.

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    (3)   An application under subsection (2) must be accompanied by a police certificate from the applicant's place of ordinary residence and an affidavit sworn by the applicant in the prescribed form that satisfies the Adoption Committee that the applicant —

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      (a)     does not have a criminal record;

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      (b)     is a fit and proper person to adopt the child and has adequate means to maintain and look after the child in an appropriate manner;

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      (c)     has a current recommendation from the competent body responsible for adoption in his or her country of origin; and

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      (d)     that his or her country of origin will respect and recognize an adoption order made under this Act.

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    (4)   For the purposes of an application under this section, the Division shall seek verification in writing of the recommendation referred to in subsection (3)(c) at the cost to the applicant.

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    (5)   The Division may, after receiving the verification under subsection (4), recommend that the applicant make an application to the Court for an adoption order under this Act.

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    (6)   If an application to the Court is made pursuant to a recommendation made by the Adoption Committee under subsection (5), the Court may request the Adoption Committee to transmit all or a record relevant to the matter of the adoption and the record is admissible as evidence before the Court in the proceedings and the Court may accept the record of the Adoption Committee without further proof.

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    (7)   The Court may require some other person or authority to submit a report in respect of the application made under this section.

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    (8)   If an application has been made to the Court for the adoption of a child under this section, the Court shall proceed in accordance with this Act.

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    (9)   An adoption order made under subsection (10) remains a provisional order for twelve months during which time quarterly reports shall be submitted to the Court by the relevant competent authority in the country where the adopted child lives, on the status, and progress of the adopted child.

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    (10)   On the expiration of the twelve-month period, in subsection (9), the Court shall grant the adoption order if it is satisfied that it is in the best interest of the child to do so.

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    (11)   The Court may, in the matter of adoption of a child by a person who is not ordinarily resident in Saint Lucia for the transfer of the child abroad, make exceptions or dispense with requirements or formalities as it considers necessary, if it is satisfied that the proposed adoption for transfer abroad is in the best interest of the child and that under the circumstances the case should be disposed of expeditiously.