(1) Subject to subsection (2), the Court may grant a licence in the prescribed form, and subject to conditions and restrictions as the Court thinks fit, authorizing the care and possession of an infant for whose adoption arrangements have been made to be transferred to a British subject resident abroad.
(2) The Court shall not grant a licence under subsection (1) unless the Court —
(a) is satisfied that an application is made by or with the consent of a person who is a parent or tutor of the infant in question, or who has the actual custody of the infant, or who is liable to contribute to the support of the infant; and
(b) is satisfied by a report of a public officer that the person to whom the care and possession of the infant is proposed to be transferred is a suitable person to be entrusted with custody, and that the transfer is likely to be for the welfare of the infant, due consideration being for this purpose given to the wishes of the infant, having regard to the age and understanding of the infant.
(3) The Court may dispense with consent under subsection (2)(a) if satisfied that the person whose consent is to be dispensed with has abandoned or deserted the infant or cannot be found or is incapable of giving consent or, being a person liable to contribute to the support of the infant, has persistently neglected or refused to contribute to support or is a person whose consent, in the opinion of the Court and in all the circumstances of the case, may be dispensed with.
(4) If the Court grants a licence under this section, the Court may authorize the making or receipt by a person of a payment in consideration of the transfer of the care and possession of the infant in respect of whom the licence is granted.
(5) The Chief Justice may make Rules with respect to the application for and grant of licences under this section.
(6) In proceedings under this section, a report by a public officer or a deposition made before a public officer and authenticated under the signature of that officer, on proof that the officer or deponent cannot be found in Saint Lucia, is admissible in evidence, and it is not necessary to prove the signature or official character of the person who appears to have signed the report or deposition.
(Inserted by Act 20 of 2019)