Chapter 46:04 - Adoption of Children

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
L.R.O. 1/2012
LAWS OF GUYANA
ADOPTION OF CHILDREN ACT
CHAPTER 46:04
Act
18 of 2009
Amended by
1 – 78 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
10 of 2011
LAWS OF GUYANA
2 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Index
of
Subsidiary Legislation
Page
Adoption of Children Rules 44
(R. 3/1957)
Adoption of Children Regulations 66
(Reg. 20/1957)
Note
on
Repeal
This Act repeals the Adoption of Children Act.
-
LAWS OF GUYANA
Adoption of Children Cap. 46:04 3
L.R.O. 1/2012
CHAPTER 46:04
ADOPTION OF CHILDREN ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2 Interpretation.
PART II
CONSTITUTION AND ADMINISTRATION
3. Establishment of Adoption Board.
4. Application to the Agency.
5. Duties of Board.
6. Making arrangements for the adoption of children.
7. Appointment of agency as guardian ad litem.
8. Delivery of child to adopter.
9. Notice to be served on adopter if custody and care refused.
10. Provisions relating to temporary care and custody of the child.
11. Appeals by persons desirous of adopting a child.
12. Release of inmate of certain schools for purposes of adoption.
PART III
MAKING OF ADOPTION ORDERS
13. Power to grant adoption order.
14. Adoption by parents and spouse.
15. Joint application.
16. Who may be adopted.
17. Who may adopt.
18. Restrictions on making adoption orders.
19. Consent to adoption.
20. Court may dispense with consent.
21. Evidence of consent.
LAWS OF GUYANA
4 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
SECTION
22. Child not to be removed under certain circumstances.
23. Functions of Court as to matters to be satisfied prior to making final
adoption order.
24. Interim order for custody.
25. Adoption order in respect of previously adopted children.
26. Jurisdiction and procedure.
PART IV
EFFECTS OF ADOPTION ORDERS
27. Rights and duties of adopters.
28. Adoption order by person married to natural parent.
29. Name of adopted child.
30. Application of laws of consanguinity.
31. Industrial Insurance, etc.
32. Intestacies and wills
33. Special provision as to adopted persons under wills and intestacies.
34. Provisions to existing de facto adoptions.
35. Confidentiality of adopt.
PART V
REGISTRATION OF ADOPTIONS
36. Adopted Children Register
37. Registration of adoption.
38. Amendment, rescission of orders and rectification of Register.
39. Restrictions upon advertisements
40. Revocation of adoption order.
41. Rights of child to know natural.
42. Retrospectively of adoption order.
PART VI
MISCELLANEOUS
43. Vested rights prior to adoption.
44. Offences.
45. Serving of Notice.
46. Appeals.
47. Rules and regulations.
LAWS OF GUYANA
Adoption of Children Cap. 46:04 5
L.R.O. 1/2012
SECTION
48. Power of the child and Protection Agency
PART
REPEAL
49. Repeal of Adoption of Children Act.
50. Savings.
SCHEDULE – Form of entry.
__________________________
CHAPTER 46:04
ADOPTION OF CHILDREN ACT
18 of 2009 An Act to provide for the reform of laws for the adoption of
children and related matters.
[No commencement date]
Short title.
Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Adoption of Children
Act.
2. In this Act–
“adopter” means a person who is proposing to adopt or who
has adopted a child, whether in pursuance of an
adoption order or otherwise;
“adoption order” means an order vesting parental rights and
responsibilities relating to a child who is adopted, on the
application by the adopter pursuant to this Act, by a
Court and includes an order made under section 9 of the
repealed Adoption of Children Act;
LAWS OF GUYANA
6 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
c. 46:01
“Agency” means the Childcare and Protection Agency
established under section 3 of the Childcare and
Protection Agency Act;
“child” except where used to express a relationship, means a
person who has attained the age of eighteen years but
does not include a person who is or has never been
married;
“common law union” means the cohabitation for a
continuous period of five years by a single man and a
single woman;
“Court” means the High Court;
“father” in relation to a child born out of wedlock, means –
(i) the man who has signed the
birth register as father or who
has been adjudged to be the
father of the child by a Court of
competent jurisdiction; or
(ii) if there is no such man, the man
who has treated the child as his
and has been, in the opinion of
the Court, making reasonable
financial provision towards the
maintenance of the child before
he exercises or seeks to exercise
in respect of that child any
rights or functions of a father,
and the expression “parent”, in
so far as it relates to the father
of the child, shall be construed
accordingly;
“guardian” in relation to a child means a person appointed by
deed or will in accordance with any law including the
Infancy Act, or by a Court of competent jurisdiction,
c. 46:07
LAWS OF GUYANA
Adoption of Children Cap. 46:04 7
L.R.O. 1/2012
to be the guardian of the child;
“interim order” means an order that is made, by either the
Adoption Board or the Court, temporarily or until the
hearing and determination of the matter;
“Minister” under this Act means the Minister who has
responsibility for matters related to Welfare of children;
“relative” in relation to a child means a grandparent, brother,
sister, uncle, or aunt or cousin whether of the full blood,
the half-blood or by affinity, and includes instances
where an adoption order has been made in respect of any
other person under this Act, and any person who would
be a relative of the child in any of the aforesaid
relationships if the adopted person were the natural child
of the adopter;
“spouse” includes a single man and a single woman living
together in a common law union for at least five years.
(2) In making a decision about the adoption of a
child, a decision maker is to have regard to the following
principles –
(a) that the best interests of the child,
both in childhood and in later life,
shall be of paramount consideration;
(b) that if the child is able to form his or
her own views on a matter concerning
the child’s adoption, the child shall be
given an opportunity to express those
views freely and those views are to be
given due weight in the
circumstances; and
(c) that the child’s given name or names,
identity, language and cultural and
LAWS OF GUYANA
8 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
religious ties should, as far as
possible, be identified and preserved.
(3) In determining the best interests of the child,
the decision maker shall have regard to the following –
(a) any wishes expressed by the child;
(b) the child’s age, gender, maturity, level
of understanding, background and
family relationships and any other
characteristics of the child that the
decision maker thinks are relevant
(c) the child’s physical, emotional and
educational needs, including the
child’s sense of personal, family and
cultural identity;
(d) any disability that the child has;
(e) any wishes expressed by either or
both of the parents of the child;
(f) the relationship the child has with the
child’s parents and siblings (if any)
and any other persons (including
relatives) in relation to whom the
decision maker considers the issue of
adoption to be relevant;
(g) the attitude of each adopter to the
child and to the responsibilities of
parenthood;
(h) the nature of the relationship of the
child with each adopter;
(i) the suitability and capacity of each
LAWS OF GUYANA
Adoption of Children Cap. 46:04 9
L.R.O. 1/2012
Establishment
of Adoption
Board.
[10 of 2011]
adopter, or any other person, to
provide for the needs of the child,
including the emotional and
intellectual needs of the child;
(j) the need to protect the child from
physical and psychological harm
caused, or that may be caused, by
being subjected or exposed to abuse,
ill-treatment, violence or other
behaviour, or being present while a
third party is subjected or exposed to
abuse, ill-treatment, violence or other
behaviour;
(k) the alternatives to the making of an
adoption order, including residence
and guardianship orders, and the
likely effect on the child in both the
short and longer term of changes in
the child’s circumstances caused by
an adoption, so that adoption is
determined among all alternative
forms of care to best meet the needs of
the child.
PART II
CONSTITUTION AND ADMINISTRATION OF THE
ADOPTION BOARD
3. (1) (a) For the purposes of this Act there
shall be constituted a Board to be
called the Adoption Board
as “the Board”) which shall consist of
a Chairperson, a Deputy chairperson
five other persons;
(hereinafter in this Act referred to as
LAWS OF GUYANA
10 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
(b) The members of the Board shall
include an attorney-at-law, a retired
social worker who served in a senior
capacity, and five other members,
who shall have skills, training or
experience in child development,
sociology, social work or psychology.
(2) The Minister shall appoint all members of the
board.
(3) Except for the Chairperson and the Deputy
Chairperson who shall hold office for four years, a member of
the Board shall hold office for three years from the date of
appointment of the member, but shall be eligible for re-
appointment once only.
(4) Where a vacancy occurs in the office of a
member, whether by reason of death, resignation or other
cause, the vacancy shall be filled by a person appointed by the
Minister and the person so appointed shall hold office for the
unexpired portion of the term of office of that person’s
predecessor and may be eligible for re-appointment to a
subsequent Board.
(5) Where a member of the Board is unable to
perform the functions of office of the member by reason of
absence, illness or other cause which affects the functioning of
the Board, the Minister may appoint a person to be a member
of the Board, to act temporarily or permanently in the place of
the member who is unable to discharge the functions of that
office.
(6) At a meeting of the Board, three members
including the chairperson or Deputy Chairperson shall form a
quorum.
(7) The Board may from time to time co-opt
technical personnel to provide advice to the Board.
LAWS OF GUYANA
Adoption of Children Cap. 46:04 11
L.R.O. 1/2012
Application to
the Agency.
[10 of 2011
Duties of
Board.
(8) The Board shall regulate its procedure in
Children Regulations.
(9) The Minister shall appoint a person who has
knowledge and training in matters related to children’s
welfare to be Secretary and this person shall be an ex-officio
member of the Board.
(10) The Board may appear and be represented at
any stage of the proceedings in a Court by the agency or by
any person generally or specially authorised by the Board.
(11) The life of the Board in existence at the
commencement of this Act shall continue to the expiration of
its term.
4. A person desirous of adopting a child shall first
make an application to the Agency in the manner prescribed
by the regulations made pursuant to this Act
5. It shall be the duty of the Board–
(a) to receive applications from parents,
guardians and adopters in respect of
the adoption of children;
(b) to make such investigations
concerning the adoption of a child for
the consideration of the court;
(c) to act as guardian ad litem, of any
child in respect of whom an adoption
order is sought under this Act.
(2) Notwithstanding subsection (1), a child who is
the subject of the application may be separately represented.
accordance with regulations set out in the Adoption of
LAWS OF GUYANA
12 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
c. 46:07
Making
recoomenda-
tions for the
adoption of
children.
Appointment
(3) Notwithstanding anything under this act, the
policy and decisions of the Board and matters not covered by
this Act shall be, in accordance with section 4 of the Childcare
and Protection Agency Act, under the general supervision
and control of the Agency.
6. (1) The Board shall make recommendations to the
Agency and the Agency shall make arrangements where
necessary for the adoption of a child.
payment or reward for or in consideration of—
(a) the adoption by that person of a child;
(b) the grant by that other person of any
agreement or consent required in
connection with the adoption of a
child;
(c) the transfer by that other person of
the actual custody of a child with a
view to the adoption of the child; or
(d) the making by that other person of
any arrangement for the adoption of a
child.
(3) A person who makes or gives, or agrees or
offers to make or give, a payment or reward prohibited by
this section, or who receives or agrees to receive or attempts
to obtain such a payment or reward, commits an offence and
is liable on summary conviction to a fine of two hundred and
fifty thousand dollars and to imprisonment for a period of
one year and the Court may order a child in respect of whom
the offence was committed to be removed to a place of safety,
having regard to the best interests of the child.
7. (1) The agency shall receive an application for
(2) A person shall not make or give to another person a
LAWS OF GUYANA
Adoption of Children Cap. 46:04 13
L.R.O. 1/2012
of agency as
guardian ad
litem.
[10 of 2011]

Delivery of
child to
adopter.
[10 of 2011]
adoption and shall give its consent in writing if it deems to be
desirable to act as guardian ad litem, and shall be guided in its
decision by considering the best interests of the child.
(2) The Agency shall in particular investigate the
matter and submit a report on the investigation to the Board
and to the Court where necessary.
(3) The investigation shall determine the suitability
of any applicant and take other considerations as the Board
may be required to take into account in accordance with the
prescribed regulations.
8. (1) Where the Board is satisfied that the adopter
may be entrusted with the care and possession of the child the
Board shall so recommend to the Agency and the Agency
may recommend to the Court that the child be placed in the
custody and care of the adopter where the child is not already
residing with the adopter.
(2) The Board shall not recommend to the Agency
that a child be placed in the custody and care of the adopter if
the board is satisfied –
(a) that the adoption of the child by that
person would not be in the best
interests of the child; or
(b) that the adopter being –
(i) a Guyanese resident outside
Guyana
(ii) a former Guyanese national
who has acquired, by
registration or other voluntary
and formal act (including
marriage) the citizenship of
another country; or
(iii) a non-Guyanese, has not
LAWS OF GUYANA
14 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Notice to be
served on
adopter if
custody and
care is refused.
Provisions
relating to
temporary are
and custody of
a child.
[10 of 2011]

furnished the Board with
requisite documentation as
referred to in section 13(2)
(3) The Agency shall appoint one or more licensed
social workers whose names shall on appointment be
gazetted and whose duty shall be to keep children under
close supervision in accordance with regulations made under
this Act.
9. Where the Board for any reason decides that the
child should not be placed in the custody and care of the
adopter, the Board shall so indicate to the Agency and the
Agency shall give notice in writing to the adopter of the
Board’s recommendations.
10. (1) Subject to subsection (3) where arrangements
are made by the Agency for the adoption of a child, an
adoption order in respect of the child shall not be made by the
Court until the expiration of a period of three months from
the date upon which the child is delivered into the custody
and care of the adopter pursuant to the arrangements.
(2) If at any time during the period mentioned in
subsection (1) –
(a) the adopter gives notice in writing to
the Agency of the adopter’s intention
not to adopt the child; or
(b) the Board has reason to withdraw its
recommendation made under section
8 (1) for any reason provided in
section 8 (2), the following steps shall
be taken –
(i) the Board shall indicate that
recommendation to the
LAWS OF GUYANA
Adoption of Children Cap. 46:04 15
L.R.O. 1/2012
Agency;
(ii) the Agency shall make a
decision as to the care and
custody of the child;
(iii) in making its decisions, the
Agency shall abide by the
recommendations of the Board
unless there are reasonable
grounds not to do so;
(iv) where the decision taken is to
abide by the recommendation,
the Agency shall give notice in
writing to the adopter of that
decision; and
(v) where notice is so given, the
adopter shall, within seven or
less days of the date on which
the notice was given as
determined by the Agency,
cause the child to be returned
to the Agency.
(3) The Court may dispense with the period
required for custody and care under section 10 (1) for good
and sufficient reason.
(4) In considering good and sufficient reason the
Court shall be satisfied that sufficient opportunities have been
given to observe the child with the applicant, or, in the case of
a joint application both applicants together in the home
environment.
(5) If, at the expiration of the said period of three
months a notice pursuant to subsection (2) has not been
given, the adopter shall within three months from the date
upon which that period so expired –
(i) apply to the Court for an
adoption order in respect of the
LAWS OF GUYANA
16 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Appeals by
persons
desirous of
adopting a
child.
[10 of 2011]

Release of
inmate of
certain schools
for purposes of
adoption.
c. 10:03
c. 11:06
child;
(ii) give notice in writing to the
Agency of the adopter’s
intention not to apply for such
an adoption order.
(6) Where the notice in subsection (5) (ii) is given
or where an application for an adoption order in respect of
the child is refused by the Court, the adopter shall within
seven days of the date on which the notice is given or the date
upon which the application is so refused, as the case may be,
cause the child to be returned to the Agency.
(7) a person who contravenes any provision of this
section commits an offence and is liable on summary
conviction to a fine of two hundred and fifty thousand dollars
and to imprisonment for one year, and the court by which the
offender is convicted shall order the child in respect of whom
the offence is committed to be returned to the Agency.
11. (1) Where an adopter receives notice pursuant to
section 9 or section 10 (2) the adopter may appeal from the
decision of the Agency to a Judge in Chambers.
(2) A decision of a Judge in Chambers may be
appealed as provided in section 46.
12. (1) Where the child in respect of whom an
adoption order is sought is an inmate of a correctional
training school or of an institution named by the court under
the Juvenile Offenders Act, the manager of the correctional
training institution or the manager of the institution so
named by the Court may, notwithstanding anything
contained in section 23 of the Training Schools Act, or in
section 18 of the Juvenile Offenders Act, as the case may be,
sanction of the conditional release of the child from the
school/institution for the purpose of the adoption process.

LAWS OF GUYANA
Adoption of Children Cap. 46:04 17
Power to make
adoption
orders.
PART III
MAKING OF ADOPTION ORDERS
13. (1) Subject to section 10, the Court may upon an
application made in the prescribed manner by–
(a) a Guyanese national resident in
Guyana;
(b) a Guyanese national resident outside
Guyana;
(c) a former Guyanese national who has
acquired by registration or other
voluntary and formal act (including
marriage) the citizenship of another
country; or
(d) a non-Guyanese;
make an adoption order authorising the applicant to adopt a
child.
(2) Where the applicant is not domiciled in
Guyana, the applicant shall, in addition to any other
prescribed requirements, furnish the Agency with sufficient
evidence, from an agency or body as may be prescribed,
attesting to the suitability of the applicant to be entrusted
with the care of a child.
(3) (a) The evidence referred to in subsection
(2) shall be in the form of a report.
(b) The report shall provide detailed
information on –
(i) the applicant’s suitability and
eligibility to adopt;
(ii) the applicant’s background,
L.R.O. 1/2012
LAWS OF GUYANA
18 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Adoption by
parents and
spouse.
Joint
application.
family and medical history and
social environment;
(iii) the applicant’s ability to
undertake an inter-country
adoption; and
(iv) the applicant’s ability to
(4) The registration of the Adoption Agency or
body shall be confirmed by –
(a) an authorised officer of the Guyanese
diplomatic mission or Consulate or a
Notary Public in the country or state,
as the case may be, in which the
applicant is resident;
(b) such person, authority or agency as
may be prescribed.
14. An adoption order may be made authorising the
adoption of a child by a parent of the child, either alone or
jointly with the spouse of that parent where the spouse is not
the natural parent of the child.
15. (1) An adoption order may be made on the
application of two spouses authorising them jointly to adopt a
child.
(2) An adoption order shall not be made on the
application of one of two spouses, except with the consent of
the other spouse in accordance with section 21 unless the
Court is satisfied that –
(a) the other spouse cannot be found;
(b) the other spouse is incapable of giving
provide suitable accommodation
for the child.
LAWS OF GUYANA
Adoption of Children Cap. 46:04 19
L.R.O. 1/2012

Who may be
adopted.
Who may
adopt.
Restriction on
making
adoption
orders.
consent; or
(c) the spouses have separated and are
living apart, and the separation is
likely to be permanent.
16. Subject to the provisions of this act a person may
adopt a child who –
(a) is under the age of eighteen years;
(b) has never been married; and
(c) resides in Guyana.
17. (1) An adoption order shall be made in respect of a
child unless the applicant has attained the age of eighteen
years and is not older than sixty-five years and the age
difference between the applicant and child is not more than
fifty years or less than seventeen years.
(2) Subsection (1) shall not apply where an
applicant is the mother or the father of the child.
(3) An adoption order shall not be made in respect
of a child unless the applicant or in the case of a joint
application, one of the applicants is at least eighteen years
older than the child.
(4) The Court may dispense with age requirement
in cases where the adoption formalises an existing
relationship by a stepparent, a relative or under other special
circumstances.
18. (1) Except as provided by sections 14 and 15, an
adoption order shall not be made authorising more than one
person to adopt a child.
(2) An adoption order shall not be made in
LAWS OF GUYANA
20 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Consent to
adoption.
respect of a child who is female in favour of a sole applicant,
who is male, not being the father or guardian of the child,
unless the Court is satisfied that there are special
circumstances which justify as an exceptional measure the
making of an adoption order.
(3) An adoption order shall not be made in
relation to a child of or over the age of twelve years unless
with the child’s consent; except that, where the Court is
satisfied that the child is incapable of giving his or her consent
to the making of the order it may dispense with that consent.
(4) A child twelve years of age or older shall be
presumed to be of sufficient age and maturity to form a view
as to whether or not the Court should make an order
authorising his or her adoption.
(5) Notwithstanding the provisions of subsection
(3), the Court shall not make an adoption order save in
exceptional circumstances, in the case of a child who is below
the age of twelve years, but who the Court considers to be of
sufficient degree of maturity to form a view and who, after
being counselled and duly informed of the effects of the
adoption order and the effects of his or her consent to the
adoption withholds his or her consent.
(6) Consent may be withdrawn at any time before
an adoption order is made.
19. Subject to section 20, an adoption order shall not
be made, except with the consent of –
(a) the parents of the child;
(b) the man, if any, who is or has been
married to the mother of the child if
such child was born during the
marriage or within three hundred
days after the termination of the
LAWS OF GUYANA
Adoption of Children Cap. 46:04 21
L.R.O. 1/2012
Court may
dispense with
consent.
[10 of 2011]
marriage or a decree of judicial
separation.
(c) the father of a child born out of
wedlock;
(d) the guardian of the child if expressly
authorised by a Court of competent
jurisdiction to so consent;
(e) every person who is liable by virtue of
an order or agreement to maintain the
child.
(2) the fact that a parent is under the age of
eighteen does not affect competency to execute consent, but
the parent must have had the advice of an attorney-at-law
who is not representing the adopter, the Agency or the Board.
(3) The Minister shall provide facilities for a parent
under the age of eighteen to obtain counselling and
independent legal advice as required in subsection (2).
20. (1) The Court may dispense with the consent of a
person required by section 19 if it is satisfied –
(a) in the case of a parent or guardian of a
child or the man, who is or has been
married to the mother of the child if
the child was born during the
marriage or within three hundred
days after the termination of the
marriage or a decree of judicial
separation, that the parent, guardian
or man–
(i) cannot be found or is incapable
of giving consent;
(ii) is withholding consent
LAWS OF GUYANA
22 Cap. 46:04 Adoption of Children
L.R.O. 1/2012

Evidence of
consent.
unreasonably;
(iii) has persistently failed without
reasonable cause to discharge
the parental duties in relation
to the child;
(iv) has abandoned, neglected or
persistently ill-treated the child;
or
(v) has exposed the child to
unnecessary risks;
(b) in the case of a person liable by virtue
of an order of Court or agreement to
maintain the child, that the person has
persistently neglected or refused to do
contribute.
(2) In these instances the Court may request that a
social worker make all relevant enquiries and report to the
Court on findings in this respect and an appropriate
advertisement may be ordered by the Court.
(3) The consent of any person to the making of an
adoption order in pursuance of an application (not being the
consent of the child) may be given, either unconditionally or
subject to conditions such as religious persuasion in which the
child is to be brought up, without knowing the identity of the
applicant for the order; and where the consent is so given by
any person is subsequently withdrawn on the ground only
that the person does not know the identity of the applicant,
the person’s consent shall be deemed for the purposes of this
section to be unreasonably withheld.
21. (1) Where a person whose consent to the making
of an adoption order is required by section 19 (1) does not
attend the Court for the purpose of giving consent, then,
subject to subsection (3), a document signifying that person’s
consent to the making of such an order –

LAWS OF GUYANA
Adoption of Children Cap. 46:04 23
Child not to be
removed under
certain
circumstances.
(a) if the adopter is named in the
document; or
(b) where the identity of the adopter is
not known to the consenting party,
be admissible as evidence of that consent, whether the
document is executed before or after the application to the
Agency.
(2) A document referred to in subsection (1) shall
be attested by a Justice of the Peace, Notary Public or
Commissioner of Oaths to Affidavits.
(3) The document shall be admissible without
further proof of the signature of the person by whom it is
executed; and for the purposes of this subsection, a document
purporting to be attested shall be deemed so attested, and to
be executed and attested on the date and at the place specified
therein, unless the contrary is proved.
(4) A document signifying the consent of a mother
is ineffective for the purposes of section 19 (1) unless –
(a) executed at least six weeks after the
child’s birth; and
(b) the document is attested on that date by
a Notary Public or Commissioner of
Oaths to Affidavits.
22. (1) While an application for an adoption order in
respect of the child is pending in any Court, a person whose
consent is required under section 19, who has signified
consent to the making of an adoption order in pursuance of
an application is not entitled, except with the leave of the
Court, to remove the child from the care and possession of the
applicant.
L.R.O. 1/2012
LAWS OF GUYANA
24 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Functions of
Court as to
matters to be
satisfied prior
to making final
adoption order.
(2) Where an adopter applies to the Agency to
adopt a child who for the preceding five years has had his or
her home with the adopter, no person is entitled, against the
will of the adopter, to remove the child from the adopter’s
care and possession, except with the leave of the Court.
(3) In considering whether to grant or refuse
leave, the Court shall have regard to the best interests of the
child.
(4) A person who had custody and care of the
child may apply to the Court for an order for the return of the
child to person’s care.
(5) A person who contravenes a provision of this
section commits an offence and is liable on summary
conviction to a fine of two hundred and fifty thousand dollars
and to imprisonment for a period of one year.
23. The Court before making an adoption order shall
be satisfied that –
(a) every person whose consent is necessary
under this Act and whose consent is not
dispensed with, in accordance with
section 20, fully understands the nature
and effect of an adoption order;
(b) a consenting parent understands that an
adoption order will permanently deprive
him of parental rights in relation to the
child concerned;
(c) a child understands that he shall be
permanently deprived of his biological
parents;
(d) the religious denomination of the
adopter and the child has considered;
LAWS OF GUYANA
Adoption of Children Cap. 46:04 25
L.R.O. 1/2012
Interim order
for custody.

Adoption order
in respect of
previously
adopted
(e) an adopter has not received or agreed to
receive, and that no person has made or
given , or agreed to make or give to the
adopter, any payment or other reward in
consideration of the adoption except
such as the Court may sanction.
24. (1) An interim order shall not be made where the
making of an adoption order would be unlawful by virtue of
section 18(2) or (3).
(2) (a) The Court may, upon an application
for an adoption order, postpone the
determination of the application and
make an interim order giving custody
of the child to the applicant for a
period not exceeding two years by
way of a probationary period upon
the terms and conditions for the
maintenance, education, supervision
and welfare of the child and
otherwise as the Court thinks fit.
(b) Where the probationary period
specified in an order under paragraph
(a) is less than two years, the Court
may by a further order extend the
period to a duration not exceeding
two years in all.
(c) The Court may in this case dispense
with the consent as is required for an
adoption order.
25. (1) An adoption order may be made in respect of a
child who has already been the subject of an adoption order
and, upon an application for the further order, the adopter
under the adoption order last made shall be considered to be
LAWS OF GUYANA
26 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
children.
Jurisdiction and
procedure.
[10 of 2011]
Rights and
duties of
adopters.
the parent of the child for the purposes of this Act.
(2) In the case of a child previously adopted, legal
consequences of the former adoption order shall, on the
making of the later adoption order, determine.
26. (1) An application for an adoption order may be
made to a Judge in Chambers.
(2) For the purposes of an application for an
adoption order, the Agency shall act as guardian ad litem of
the child at the hearing of the application with the duty of
safeguarding the interests of the child before the Court.
PART IV
EFFECTS OFADOPTION ORDERS
27. (1) An adoption order –
(a) extinguishes the legal rights of the
parent, guardian, or person in whose
custody the adopted child has been
and relieves that person from legal
obligations and duties in respect of
the child;
(b) imposes upon the adopter, legal
obligations and duties as if the
adopter were the natural parent of the
child from the date of the adoption
order.
(2) Subject to section 29, a child who is the subject
of an adoption order shall be treated in law –
(a) where the adopters are married or
live together in a common law union,
as if that child had been born as a
LAWS OF GUYANA
Adoption of Children Cap. 46:04 27
L.R.O. 1/2012
natural child of the marriage or of the
common law union, before or after the
marriage was formalized or after the
commencement of the common law
union; and
(b) where the adoption order is made in
favour of the spouse of the child’s
natural parent, as if that child –
(i) had been born as a natural
child of the union between the
adopter and the natural parent
to whom the adopter is married
or living together in a common
law union, where the child was
in fact born before or after the
marriage was formalized or
after the commencement of the
common law union; and
(ii) were not the child of any
person other than the adopter
and that the natural parent; and
(c) in any other case, as if that child –
(i) had been born as a natural
child of the adopter; and
(ii) were not the child of any
person other than the adopter.
(3) Upon an adoption order being made, all rights,
duties, obligations and liabilities of the parent or parents,
guardian or guardians of the adopted child, in relation to the
future custody, maintenance and education of the adopted
child, including all rights to appoint a guardian or to consent
or give notice of dissent of marriage shall be extinguished,
and all such rights, duties, obligations and liabilities shall vest
in and be exercisable by and enforceable against the adopter
LAWS OF GUYANA
28 Cap. 46:04 Adoption of Children
L.R.O. 1/2012

Adoption order
by person
married to
natural parent.

Name of
adopted child.
Application of
as though the adopted child were a born child to the adopter,
and in respect of the same matters and in respect of the
liability of a child to maintain its parents the adopted child
shall stand to the adopter exclusively in the position of a child
born to the adopter.
Provided that in any case where two spouses are the
adopters, such spouses shall in respect of the matters
aforesaid and for the purpose of the jurisdiction of any Court
to make orders as to the custody and maintenance of and
right of access to children stand to each other and to the
adopted child in the same relation as they would have stood
if they had been the natural father and mother of the adopted
child, and the adopted child shall stand to them respectively
in the same relation as a child would have stood to a natural
father and mother respectively.
28. Where an adoption order is made in favour of a
person who is married to a natural parent of the child who is
the subject of the order, its making shall not operate to
extinguish the parental responsibilities and parental rights
which immediately before the making of the order were
vested in the natural parent to whom the adopter is married.
29. (1) An adopted child may, unless otherwise
ordered by the Court, use the surname of the adopter.
(2) Where an adopter is the spouse of a natural
parent of the child, the child shall use such surname as the
Court orders.
(3) In determining the surname an adopted child
shall use, the Court shall consider the view of the child where
the child is sufficient age and maturity and wishes to express
a view on the matter and in the course of this determination
regard shall be had for the right of the child to preserve the
child’s identity.
30. (1) For the purposes of the law relating to marriage
LAWS OF GUYANA
Adoption of Children Cap. 46:04 29
L.R.O. 1/2012
laws of
consanguinity.
Industrial
Insurance, etc.
c. 36:04
c. 27:08
c. 36:01
or common law union, an adopter and the adopted child shall
be deemed to be within the prohibited degrees of
consanguinity and the provisions of this section shall
continue to have effect notwithstanding that a person other
than the adopter is authorised by a subsequent order to adopt
the same child.
(2) The laws of consanguinity shall continue to
apply in relation to an adopted child and his natural parents.
31. (1) For the purposes of the Friendly Societies Act
or any other Act which provides for money to be paid for
funeral expenses and which restrict the persons to whom
money may be paid on the death of a child under the age of
ten years, an adopter shall be deemed to be the parent of the
child who is authorised to receive the money.
(2) Where before the making of an adoption order
in respect of a child, an insurance policy has been effected by
the natural parent of the child, the rights and liabilities under
the policy shall by virtue of the adoption order be transferred
to the adopter and the adopter shall, for the purposes of the
said enactment, be treated as the person who took out the
policy.
(3) A child adopted under this Act shall, upon the
death of the adopter, be deemed for the purposes of the
Dependents Pension Act and National Insurance and Social
Security Act, to be the lawful child of the deceased adopter.
(4) Where an adoption order is made in respect of
a child born out of wedlock, then, subject to this section, any
affiliation order with respect to the child, and any agreement
whereby the father of the child has undertaken to make
payments specially for the benefit of the child, shall cease to
have effect, but without prejudice to the recovery of any
arrears which are due under the order or agreement at the
date of the adoption order.

LAWS OF GUYANA
30 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
c. 10:03

Intestacies and
wills
(5) Where an adoption order is made in respect of
a child committed to the care of a fit person or institution by
an order in force under the Juvenile Offenders Act, the last
mentioned order shall cease to have effect.
32. (1) Where, at any time after the making of an
adoption order–
(a) the adopter;
(b) the adopted person; or
(c) any other person, dies intestate in
respect of movable or immovable
property, that property shall devolve
in all respects as if the adopted person
were the biological child of the
adopter and were not the biological
child of any other person.
(2) In any disposition of movable or immovable
property made, whether by instrument inter vivos or by will
(including a codicil), after the date of an adoption order, a
reference (whether express or implied) to –
(a) the child or children of the adopter
shall, unless the contrary intention
appears, be construed as, or as
including, a reference to the adopted
person.
(b) the child or children of the adopted
person’s natural parents or either of
them, shall, unless the contrary
intention appears, be construed as not
being, or as not including, a reference
to the adopted person; and
(c) a person related to the adopted
LAWS OF GUYANA
Adoption of Children Cap. 46:04 31
L.R.O. 1/2012
Special
provisions as to
adopted
persons under
wills and
intestacies.
c. 12:01
[10 of 2011]
person in any degree shall, unless the
contrary intention appears, be
construed as a reference to the person
who would be related to the adopted
person in that degree if the adopted
person were the biological child of the
adopter born in lawful wedlock and
were not the biological child of any
other person.
33. (1) For the purposes of the application of the
Deceased Persons Estates’ Administration Act, to the
devolution of any property in accordance with section 20(1)
and (2) of that Act, and for the purposes of the construction of
any such disposition as is mentioned in that section, an
adopted person being the child or adopted child or the
adopter or (in the case of a joint adoption) of either of the
adopters –
(a) where he or she was adopted by two
spouses jointly and that other person
is the child or adopted child of both of
them, as brother or sister of the whole
blood;
(b) in any other case, as brother or sister
of the half-blood.
(2) (a) Notwithstanding anything in section 20(1)
and(2) of the Deceased Persons Estates’ Administration Act –
(i) trustees or personal
representatives may convey or
distribute any movable or
immovable property to or
among the persons entitled
thereto after ascertaining that
an adoption order has been
made by virtue of which a
LAWS OF GUYANA
32 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Provision to
existing de facto
adoptions.
person is or may be entitled to
an interest therein;
(ii) a trustee or personal
representative shall not be
liable to such a person of whose
claims the trustee or personal
representative has not had
notice at the time of the
conveyance or distribution.
(b) Nothing in this subsection shall
prejudice the right of such a person to
follow the property, or a property
representing it, into the hands of a
person, other than a bona fide
purchaser for value without notice,
who may have received it.
(3) Where an adoption order is made in respect of
a person who has been previously adopted, the previous
adoption shall be disregarded for the purposes of section
20(1) and (2) of the Deceased Persons Estates’ Administration
Act in relation to the devolution of property on the death of a
person dying intestate after the date of the subsequent
adoption order and in relation to any disposition of property
made after that date.
34. Where at the commencement of this Act, a child is
in the custody of, and being brought up, maintained and
educated by a person as the person’s own child under a de
facto adoption, and has for a period of not less than two years
been in such custody, and been so brought up, maintained
and educated, the Court may, upon an application of that
person, and notwithstanding the provisions of section 19
make an adoption order authorising that person to adopt the
child without requiring the consent of any parent or guardian
of the child to be obtained, upon being satisfied after inquiry
by the Board that in all the circumstances of the case it is just
and equitable and in the best interests of the child that no
LAWS OF GUYANA
Adoption of Children Cap. 46:04 33
L.R.O. 1/2012
Confidentiality
of adoption.
Adopted
Children
Register.
such consent should be required and that an adoption order
should be made.
35. (1) The adoption order, the application, the
documents filed and the record of proceedings in relation to
the application shall be kept by the Court in a sealed packet,
and papers in the custody of the Agency relating to the
adopted child shall be kept in a sealed packet, and neither
shall be opened except upon the direction of the Court.
(2) The adoption order, the application, the
documents filed and the record of proceedings in relation to
the application shall not be made public or disclosed except
upon the direction of a Court.
PART V
REGISTRATION OF ADOPTIONS
36. (1) The Registrar General of Births and Deaths
shall establish and maintain at the general register office a
register to be called the Adopted Children Register the
contents of which shall be confidential as may be directed to
be made therein by adoption orders, but no other entries.
(2) Where, upon an application for an adoption
order, there is proved to the satisfaction of the Court –
(a) the date of birth of the child; and
(b) the identity of the child to which an
entry in the Register of Births relates,
an adoption order shall contain a
direction to the Registrar General of
Births and Deaths to mark the entry in
the Register of Births with the word
“Adopted”, and to include in the
entry in the adoption register
recording the adoption the date stated
LAWS OF GUYANA
34 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Registration of
adoption.
Schedule.
in the order of the adopted child’s
birth.
(3) Subject to subsection 4(a) a person may not
have the Adopted Children Register or an entry in it searched
or obtain a certified extract from it except with the permission
of the Court.
(4) (a) The Registrar General of Births and
Deaths shall refer to the Adopted
Children Register for the purpose of
preparing a birth certificate requested
by an adopted child or an adopter and
the birth certificate shall be in the
name given to the adopted child by
the adoption order and shall not be
distinguishable from any other birth
certificate issued.
(b) the Registrar General of Births and
Deaths shall make and keep an index
of the Adopted Children Register and
a person having permission pursuant
to subsection (3) may have a certified
copy of an entry in the Adopted
Children Register subject to payment
of the fees prescribed by regulations.
(5) A certified copy of an entry in the Adopted
Children Register, sealed or stamped with the seal of the
Registrar General of Births and Deaths, shall, without further
or other proof of the entry, be sufficient proof of the contents
therein.
37. (1) An adoption order shall contain a direction to
the Registrar General of Births and Deaths to make in the
Adopted Children Register an entry in the form set out in the
Schedule and shall specify the particulars to be entered under
the headings in columns (3) to (7) (inclusive) of the Schedule.
LAWS OF GUYANA
Adoption of Children Cap. 46:04 35
L.R.O. 1/2012
(2) For the purposes of compliance with the
requirements of subsection (1) –
(a) where the precise date of the child’s
birth is not proved to the satisfaction
of the Court, the Court shall
determine the probable date of the
child’s birth and the date so
determined shall be specified in the
adoption order as the date of the
child’s birth;
(b) where the name or surname which
the child is to bear after the adoption
differs from the child’s original name
or surname the new name or surname
shall be specified in the adoption
order instead of the original name or
surname;
(c) where the country of birth of the child
is not proved to the satisfaction of the
Court, the particulars of the country
of birth may, notwithstanding
anything in that subsection, be
omitted from the order and from the
entry in the Adopted Children
Register.
(3) Where an adoption order is made by a Court in
respect of a child who has previously been the subject of an
adoption order made by such a Court under this Act, the
order shall contain a direction to the Registrar General of
Births and Deaths to cause the previous entry in the Adopted
Children Register to be marked with the word “Re-adopted”.
(4) Where an adoption order is made, the Registrar
of the Supreme Court shall cause the order to be served in the
LAWS OF GUYANA
36 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Amendment
rescission of
orders and
rectification of
Register.
[10 of 2011]
Restrictions
prescribed manner, on the Registrar General of Births and
Deaths, and upon receipt of the order the Registrar General of
Births and Deaths shall comply with the directions contained
in the order both in regard to marking any entry in the
Register of Births with the word “Adopted” or “Re-adopted”,
and in regard to making the appropriate entry in the Adopted
Children Register, as the case may be.
(5) This section applies to “adoption orders” made
under the repealed Adoption of Children Act.
38. (1) The Court by which an adoption order has
been made may, on an application of the adopter or an
adopted person, amend an adoption order by the correction
of an error in the particulars named therein, and where an
adoption order is so amended, the Registrar of the Supreme
Court shall cause the amendment to be served in accordance
with regulations on the Registrar General of Births and
Deaths who shall amend the entry in the Adopted Children
Register accordingly.
(2) A copy or extract of an entry from an Adopted
Children Register shall not reproduce a note or marking
related to an amendment made to that entry.
(3) Where an adoption order is quashed on appeal
or rescinded, the Court shall give directions to the Registrar
General of Births and Deaths to cancel any making of any
entry in the Resister of Births and any entry in the Adopted
Children Register which was effected in pursuance of the
order.
(4) A copy or extract of an entry from the Adopted
Children Register shall not reproduce a note or marking
related to cancellations made to that entry.
(5) This section applies to “adoption orders” made
under the repealed Adoption of Children Act.
39. (1) A person other than the Agency shall not
12 of 1955
LAWS OF GUYANA
Adoption of Children Cap. 46:04 37
L.R.O. 1/2012
upon advertise-
ments.

Revocation of
adoption order.
publish an advertisement indicating –
(a) that the parent or guardian of a child
desires to cause the child to be
adopted;
(b) that a person desires to adopt a child;
or
(c) that any person (not being the
Agency) is willing to make
arrangements for the adoption of a
child.
(2) A person who causes to be published or
knowingly publishes an advertisement in contravention of the
provisions of this section shall be liable on summary
conviction to a fine of fifty thousand dollars or to
imprisonment for six months.
40. (1) Where an adoption order is made otherwise
than by an order made subsequent to an appeal, a Court may
revoke the adoption order if unequivocal proof has been
provided that the adoption was obtained on the basis of
fraud.
(2) The Court may revoke an adoption order where
it is in the best interests of the child to so do and with due
consideration being given to the views of the child, where the
adoptive parents –
(a) evade the fulfilment of their parental
duties;
(b) neglect, fail or refuse to perform
parental duties and responsibilities;
(c) abuse their parental rights;

LAWS OF GUYANA
38 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
Rights of child
to know natural
parents.
Retrospective
(d) treat the adopted child with cruelty;
(e) are satisfactorily proved to be chronic
alcohol or drug addicts;
(f) have been proven, by their conduct, to
have acted in a manner that is
seriously detrimental to the child; or
(g) for any other serious cause that the
Court may think justifies the making
of such an order.
(3) An order revoking an adoption order pursuant
to the provisions of subsections (1) and (2) above shall have
the consequences of –
(a) terminating the legal relationship
between the child and the adoptive
parents;
(b) restoring the legal relationship with
the child and the child’s natural
parents, should this be considered as
being in the best interests of the child
having taken into consideration the
child’s view on the matter.
(4) An order revoking an adoption shall also state
the name the child shall use subsequent to such revocation,
give directions on the birth certificate to be used by the child
in the circumstances, and deal with any other matter that the
Court considers just and necessary.
41. An adopted child may request to know his or her
natural parents, and an adoptive parent shall take action to
encourage an encounter or relationship between the adopted
child and the natural parent or parents.
42. An adoption order shall only be given
LAWS OF GUYANA
Adoption of Children Cap. 46:04 39
L.R.O. 1/2012
effect of
adoption order.
Vested rights
prior to
adoption.
Offences.

Serving of
notices.
Appeals.
Rules and
regulations.
retrospective effect in cases where there has been substantial
administrative delay in processing the adoption application.
PART VI
MISCELLANEOUS
43. Where the property was vested in an adopted
child prior to the adopted child’s adoption that property shall
not be affected by the adoption.
44. Proceedings for an offence under this Act shall be
taken by the Agency.
45. A notice under this Act shall be served by prepaid
registered post.
46. Appeals of orders of Court made under this Act
shall lie to the Court of Appeal.
47. (1) Rules in regard to a matter to be prescribed
under this Act and dealing generally with all matters of
procedure and incidental matters arising out of this Act or for
carrying this Act in effect shall be made by the Minister.
(2) The Minister may make regulations subject to
the negative resolution of the National Assembly –
(a) for regulating the conduct of
negotiations entered into, by or on
behalf of the Agency with persons
having the care and possession of
children who are desirous of causing
children to be adopted, and in
particular for securing –
(i) that, where the parent or
guardian of a child places the
LAWS OF GUYANA
40 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
child at the disposition of the
Agency with a view to the child
being adopted, the Agency
shall furnish the parent or
guardian with a memorandum
in ordinary language
explaining the making of an
adoption order, the effect, in
relation to his or her rights as a
parent or guardian, of the child,
and calling attention to this Act
and of any rules made
hereunder relating to the
consent of a parent or guardian
to the making of an order; and
(ii) that, before so placing the child
at the disposition of the
Agency, the parent or guardian
shall sign a document in the
prescribed form verifying that
the parent guardian read and
understood the said
memorandum or has had the
contents of the memorandum
read to him or her and the
parent or guardian has likewise
understood the contents;
(b) for requiring that the case of every
child proposed to be delivered by or
on behalf of the Agency into the care
and possession of an adopter shall be
considered by a committee (to be
called a “case committee”) comprised
of not less than three members of the
Agency;
(c) for prescribing, in the case of every
such child as aforesaid, the inquiries
LAWS OF GUYANA
Adoption of Children Cap. 46:04 41
L.R.O. 1/2012
which must be obtained by the
Agency and Board in relation to the
child and the adopter for the purpose
of ensuring, so far as may be, the
suitability of the child and the adopter
respectively, and, in particular, for
requiring that a report on the health
of the child and prospective adopter
signed by a duly qualified medical
practitioner must be obtained by the
Board;
(d) for securing that no such child shall
be delivered into the care and
possession of an adopter by or on
behalf of the Agency until the adopter
has been interviewed by the case
committee or by some person on their
behalf, until a representative of the
committee has inspected any
premises in Guyana in which the
adopter intends that the child should
reside permanently, and until the
committee has considered the
prescribed reports;
(e) for making provision for the care and
supervision of children who have
been placed by their parents or
guardians at the disposition of the
Agency; and
(f) generally for carrying out the
purposes of this Act.
(3) In any regulation under this section, the
Minister may prescribe for an offence a penalty not exceeding
a fine of two hundred thousand dollars and imprisonment for
six months.
LAWS OF GUYANA
42 Cap. 46:04 Adoption of Children
L.R.O. 1/2012

Powers of the
Childcare and
Protection
Agency.
Savings.

48. Every administrative authority exercising any
function under this Act shall be under the supervision and
control of the Childcare and Protection Agency established by
section 3 of the Childcare and Protection Agency Act.
PART VII
REPEAL
___________________
49. Omitted.
under this Act.
may be amended or revoked by this Act as if they were made
50. The Adoption of Children Rules made under the repealed Adoption of Children Act, still continue in and 12 of 1955
LAWS OF GUYANA
Adoption of Children Cap. 46:04 43
L.R.O. 1/2012
SCHEDULE
FORM OF ENTRY
S
ig n
at u
re
o f
o ff
ic er
d ep
u ty
R eg
is tr
ar
G en
er al
to a
tt es
t
th e
en tr
y
(8 )
D
a te
o f
ad o
p ti
o n
o rd
er a
n d
d es
cr ip
ti o
n
o f
C o
u rt
b y
w h
ic h
m ad
e
(7 )
D a
te a
n d
co u
n tr
y
o f
b ir
th o
f
ch il
d
(6 )
N am
e an
d
su rn
am e
ad d
re ss
an d
o cc
u p
at io
n
o f
ad o
p te
r
o r
ad o
p te
rs
(5 )
S ex
o f
ad o
p te
d
ch il
d
(4 )
N am
e
o f
ad o
p te
d
ch il
d
(3 )
D a
te
o f
E n
tr y
(2 )
N o
. o f
en tr
y
(1 )
____________________

s. 37
LAWS OF GUYANA
44 Cap. 46:04 Adoption of Children
L.R.O. 1/2012
SUBSIDIARY LEGISLATION
_________________
R. 3/1957 ADOPTION OF CHILDREN RULES
made under section 16 (2)
Citation.
Interpretation.
Commence-
ment of
proceedings.
1. These Rules may be cited as the Adoption of Children Rules.
2. In these Rules—
"applicant" means the person or persons making an
application for an adoption order under the Act;
"Board" means the Adoption Board constituted under section
3 of the Act;
"court" has the same meaning as in section 2 of the Act ;
"Form" means Form in the Schedule;
"the Registrar" means the registrar of the Supreme Court.
3. (1) Every application for an adoption order shall be
made either on originating summons to the High Court or by
summons to a court of summary jurisdiction for the place
where either the applicant or the child resides at the date of
the application, and shall be intituled in the matter of the
Infant and in the matter of the Act and there shall be
presented to the court a written statement in duplicate
according to Form A, accompanied by a statement of
particulars according to Form B and written consents
LAWS OF GUYANA
Adoption of Children Cap. 46:04 45
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

Previous
application.

Procedure
upon
application.
according to Form D.
(2) Except in a case where the applicant has made a
previous application to a court in respect of the same child, or
the court specially requires the attendance of the applicant,
the attendance in person of the applicant shall not be
necessary for the purpose of lodging the aforesaid statement
and documents.
(3) The Board shall lodge in the court on every
application for an adoption order the certificate of the parent
or guardian of the child referred to in regulation 4 of the
Adoption of Children Regulations, and a statement with
respect to the identity of the child in Form C.

4. If it appears to the court that the applicant has
made a previous application under the Act in respect of the
same child, the court shall not entertain the application unless
satisfied that the previous application was made to a court of
summary jurisdiction and that there has been a substantial
change in the circumstances.
5. (1) Upon an application being made to the court the
court shall appoint the Board to be guardian ad litem of the
child in respect of whom the application is made.
(2) The following persons shall be made
respondents, namely, the child in respect of whom the
application is made, every person or body who is a parent or
guardian of the child or has the actual custody of the child or
is liable to contribute to the support of the child, and where
the applicant has a spouse who is not also an applicant, the
spouse of the applicant.
(3) The court shall fix a time for the hearing of the
application and shall issue a notice according to Form E
addressed to the respondents and shall direct the applicant
or, if the applicant so desires, the Board to cause such notice
LAWS OF GUYANA
46 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
Hearing in
camera.

Attendance of
parties, written
consents and
dispensation.
to be served on each of them:
Provided that where the child is in actual custody of any
person such notice need not be served on the child, but may
require such person to produce the child to the court.
(4) Any notice under these Rules shall be served
upon any respondent to whom it is addressed either by
delivering a copy to him personally or by leaving a copy with
some person for him at his last known or usual place of
abode, or by sending a copy by registered post to him at his
last known or usual place of abode, whether such place of
abode is in Guyana or elsewhere:
Provided that where the respondent is a body the copy
shall be sent to the registered office of that body, or if there is
no registered office, to the place where the body transacts or
carries on its business.
6. Every application under the Act shall be made,
heard and determined in camera.
7. (1) Subject to this rule, an adoption order or an
interim order shall not be made except after the personal
attendance before the court of the applicant and the parent or
guardian of the child; notwithstanding in the case of the
parent or guardian, that written consent has been obtained or
that the court is asked to dispense with consent.
(2) The court may waive the requirement under
paragraph (1)—
(a) in the case of the child, if satisfied by a
report from the Board that special
circumstances exist which render it
inexpedient or unnecessary that the
child shall personally attend before
LAWS OF GUYANA
Adoption of Children Cap. 46:04 47
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

Separate
hearing of
parties.
the court;
(b) in the case of any person, if satisfied
that he cannot be found or is
incapable of giving consent or that in
view of any other special
circumstances it is right that this
requirement should be waived.
(3) In any case where the court dispenses with the
personal attendance of any person the written consent of that
person verified by a declaration purporting to be made before
and signed by a justice of the peace or commissioner of oaths
shall be prima facie evidence of such consent.
(4) In the case of a joint application for an adoption
order or an interim order, the court may, if it thinks fit,
dispense with the personal attendance of one spouse if his or
her application be verified by a declaration made before and
signed by a justice of the peace or commissioner of oaths.
8. Subject to this rule and rules 7(4) and 12(3)(b), the
court may direct that the applicant or any respondent shall
attend and be heard and examined separately and apart from
the other parties to the application:
Provided that no such direction shall be given unless—
(a) the court is satisfied that the giving of
the direction is desirable and will not
prejudice the determination of any
question involved; and
(b) the consent of the applicant or
respondent to whom it is proposed
that the direction shall be given and
all other parties to the application is
first obtained.
LAWS OF GUYANA
48 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

Notice on
adjournment.

Refusal to
make an order.

Adoption or
interim order.

Proceedings
after interim
order.
9. On any adjournment of the hearing, the court may
issue to any respondent not in attendance a notice of the time
and place to which the hearing is adjourned and may direct
it to be served.
10. If owing to special circumstances an application
appears to a court of summary jurisdiction to be more fit to be
dealt with by the High Court, such court may, on the grounds
expressly, refuse to make an order.
11. (1) An adoption order or an interim order shall be
drawn up in Form F or Form G, as the case may require.
(2) No copy or duplicate of such order shall be
given to or served upon any person other than the applicant
and the Registrar or clerk of court of summary jurisdiction as the case may be, except by special direction of the court.
(3) An interim order shall include such provision
for the maintenance and education of the child and such
terms as regards the exercise of supervision by the Board or
otherwise as the court may think fit.
12. (1) Where the determination of an application has
been postponed and an interim order has been made, the
applicant shall at least two months before the expiration of
the order apply to the court which made the interim order to
proceed with the determination of the application and it shall
thereupon be lawful for the court to fix a time for the further
hearing of the application and to issue a notice in Form H,
addressed to the respondents and to direct the applicant or if
the applicant so desires the Board to cause such notice to be
served on each of them:
Provided that where the child is in the actual custody of
the applicant or if the applicant so desires the Board to cause
LAWS OF GUYANA
Adoption of Children Cap. 46:04 49
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
Costs.

Proceedings
after adoption
order.
the applicant the notice need not be served on the child.
(2) Subject to this rule, where the applicant so
applies, an adoption order shall not be made unless the
applicant, the child and a representative of the Board have
attended the further hearing.
(3) (a) The court may waive the requirement
under paragraph (2) in the case of the
child if satisfied by a report from the
Board that special circumstances exist
which render it inexpedient or
unnecessary that the child shall
personally attend before the court.
(b) In the case of a joint application the
court may, if it thinks fit, dispense
with the personal attendance of one
spouse, ‘if his or her application be
verified by a declaration purporting
to be made before and signed by a
justice of the peace.
13. On the making of an interim order or on the
determination of the application the court may make such an
order as to costs as it may think just, and in particular may
order the applicant to pay the out-of-pocket expenses
incurred by the guardian ad litem or incurred in attending the
court by any other of the respondents, or such part thereof as
the court thinks proper, and such costs or expenses shall be
recoverable summarily as a civil debt.
14. (1) Upon the making of an adoption order, the
Registrar or the clerk of the court as the case may be shall
within seven days from the date thereof send a duplicate or a
certified copy of the order to the Registrar General and shall
also, subject to the payment by the applicant of any fee
required by law, deliver or send a duplicate or certified copy
LAWS OF GUYANA
50 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

Rules
applicable.

Statement of
reasons.

Procedure on
appeal.
Notice of
appeal.
to the applicant.
(2) The duplicate or certified copy, if sent by post,
shall be sent by registered post.
15. Subject to the foregoing rules, the Rules of the
High Court shall apply in respect of all proceedings under the
Act in the High Court and the Summary Jurisdiction Acts and
Rules shall apply in respect of all proceedings under the Act
in a court of summary jurisdiction as if the application were a
complaint and the respondent were defendants and the notice
under rule 5 were a summons.
APPEALS
16. The Board shall, if so required by any person
entitled under the Act to appeal (hereinafter called an
statement of the reasons for its decision or order under
section 7 of the Act.
17. An appellant who desires to appeal against a
decision of the Board shall, within fourteen days after the
receipt by him of the notification of the Board's decision, file
with the Registrar a notice in writing to that effect in Form I
(hereinafter called a notice of appeal) stating therein the
grounds of his appeal, and his address for service, and stating
also the names and addresses of the persons intended to be
served (in these Rules called “the respondents”). The
appellant shall also leave with the Registrar as many copies
for service as there are respondents.
18. In every notice of appeal, the persons referred to in
“appellant”) deliver to him and file in its proceedings a
rule 5(2) (except the appellant) shall be named as respondents
and shall be served with a copy of the said notice.
LAWS OF GUYANA
Adoption of Children Cap. 46:04 51
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

Filing of notice
of appeal.

Transmission
of Board’s
decision and
other relevant
documents to
Registrar.
Reg.20/1957
below
19. On the filing of a notice of appeal, the Registrar
shall—
(a) enter the appeal in the books of the
court and fix a day for hearing of the
appeal by a judge in Chambers, and
(b) serve on the appellant and on each of
the respondents a notice in Form J
hereto by delivering at or posting the
same to them at the address contained
in the request.
20. At the time of serving the notice of appeal, or as
soon thereafter as possible, the Registrar shall request the
Board to furnish him with despatch the reasons for the
Board's decision and to transmit at the same time to the
Registrar all the relevant reports and correspondence, and the
answers to the enquiries on the matters set out in the Second
Schedule to the Adoption of Children Regulations, and other
information on which the Board based its decision, or copies
thereof and an appellant, should he desire to do so, may
obtain copies of the same from the Registrar on payment of
the fees prescribed by the Rules of the High Court for office
copies of documents in the Registry.
__________________

LAWS OF GUYANA
52 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

r. 3(1)

c. 46:04
SCHEDULE
FORM A
APPLICATION FOR AN ADOPTION ORDER IN
RESPECT OF A CHILD NAMED ..................................
KNOWN TO THE ADOPTION BOARD AS CASE
No.......................
I (or We), the undersigned
resident at
hereby state:
1. I am (or We are) desirous of being authorised under
the Adoption of Children act to adopt
a child of the sex, resident at
in Guyana, hereinafter called “the child.”
2 The child was on the date of coming into force of
the said Act in my (or our) custody and was being brought
up, maintained and educated by me (or us) as my (or our)
custody before that date, to wit, from and after the day of
, 20 .
3. The child has been in my (or our) care and has been

4. We are married to each other;
(or I am unmarried)
(or I am married to
whose written consent to the making of the order
is appended hereto).
5. I am (or We are) domiciled in Guyana.
 Delete except in case of de facto adoption.
child under a de facto adoption and had been in my (or our)
brought up, maintained and educated by me (or us) since
LAWS OF GUYANA
Adoption of Children Cap. 46:04 53
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

r. 3(1)
6. I (or We) have not received or agreed to receive,
and no person has made or given or agreed to make or give to
me (or us), any payment or other reward in consideration of
7. I (or We) have made no previous application under
the said Act in respect of the child to any court other than the
application made to the
Court at on the
day of 20 , which was dealt
with as follows, viz:
8. The particulars furnished in this application and in
the attached form are true and complete and I am a (or we
are) fit and proper person(s) to maintain and bring up the
child suitably.
In witness whereof I (or We) have signed this statement
on the day of 20
.......................................................
.......................................................
.......................................................
Signature of Applicant(s)
(giving full forenames).
FORM B
PARTICULARS TO BE FURNISHED WITH
APPLICATION FOR ADOPTION ORDER
Name in full ........................................................................
Address .....................................................................................
Occupation.................................................................................
Date of Birth...............................Age last Birthday ...............
Relationship (if any) to the child
*Delete except in the case of de facto adoption.
the adoption (except as follows):
LAWS OF GUYANA
54 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

r. 3(3)
These particulars are to be furnished by both male and
female applicant, if the application is being made by two
spouses.
FORM C
STATEMENT TO BE LODGED IN COURT BY THE
BOARD ON EVERY APPLICATION FOR AN ADOPTION
ORDER
Statement by the Adoption Board of the identity of the
child now named
known to the Adoption Board as Case No.
To the Court:
1. I, , being a
member of the Adoption Board hereby certify that the child
above-named Adoption Board Case No. is the
child formerly known as
2. The father of the child is
now resident at , whose
written consent to the making of an adoption order is
appended hereto; and the mother of the child is
now resident at ,
whose written consent to the making of the adoption order is
appended hereto.
3. The child was born on the day of
20 , and is identical with the child to
whom the attached certified copy of an entry in the Register
of Births relates.
4. The child is a Commonwealth citizen and has never
been married.
LAWS OF GUYANA
Adoption of Children Cap. 46:04 55
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

r. 3(1)

c. 46:04
5. The guardian(s) of the child is (or are)
,of
whose written consent(s) to the making of an adoption order
is (or are) appended hereto.
*6. The child is in the actual custody of
,of
whose written consent to the making of an adoption order is
appended hereto.
*7. , of
is (or are) liable to contribute to the support of the child and
his (or their) written consent(s) to the making of an adoption
order is (or are) appended hereto.
........................................................................
(Signature of Member of Adoption Board)
Dated * Delete whichever is not applicable
FORM D
CONSENT OF PARENT OR GUARDIAN OF CHILD
Consent to an Adoption Order in respect of a child
formerly named
and known to the Adoption Board as Case No
An application to ....................................................Court
being made for an order authorising the adoption, under the
Adoption of Children Act of the said child.
I (We) the undersigned
 Delete whichever is not applicable.

LAWS OF GUYANA
56 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
of , being—
(a) the father of the child
(b) the mother of the child
(c) a guardian of the child
(d) a person (acting on behalf of a body) having
the actual custody of the child
(e) a person (acting on behalf of a body) being
liable to contribute to the support of the
child
(f) the spouse of the applicant,
hereby state(s) that I (we) understand the nature and effect of
the adoption order for which application is made (and that in
particular I (we) under-stand that the effect of the order will
be permanently to deprive me (us) of my (our) parental
rights) and I (we) hereby consent to the making of an
adoption order in favour of the applicant.
In witness whereof I (we) have signed this consent on the
day of , 20
.........................................
(Signature)
.........................................
(Address)
............................................
(Description)
..........................................
(Signature)
 Delete all but one of these descriptions, except in the case of father and mother consenting
jointly.
LAWS OF GUYANA
Adoption of Children Cap. 46:04 57
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
r. 5 (3)
c. 46:04
.........................................
(Address)
..........................................
(Description)
Signed in the presence of:
FORM E
NOTICE OF AN APPLICATION FOR AN ADOPTION
ORDER OF A CHILD NAMED (a) (FORMERLY (b) ,)
KNOWN TO THE ADOPTION BOARD AS CASE
No............
In the.....................................................................Court.
To......................................................................................
of.......................................................................................
and...................................................................................
of..............................................................................., etc.
TAKE NOTICE:
(1) That an application has been made by
(c)...........................................for an order under the Adoption of
Children Act authorising him to adopt the said child, being a
child of the............................. sex aged................. years, resident
at................................................
(2) That the said application will be heard before
the..................................................................... Court sitting at
................................on the........................ day of
............................... 20......... at the hour of .......................... in
the………………noon and that you are severally required to
attend before the Court ( and in the case of
.......................................................... to produce the said child
before the Court)
Dated the ........................... day of ............................., 20.......

LAWS OF GUYANA
58 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
r. 11(1)
...................................
Registrar

Magistrate
NOTES :-
(a) Insert name or names by which the child is
to be known.
(b) Delete where there is no change of name.
Where there is change of name insert former
name, including surname.
(c) Where the application is made by two
spouses jointly the form should be modified.
FORM F
ADOPTION ORDER IN RESPECT OF A CHILD NAMED
(a) (FORMERLY (b) )
Before the ............................................................... Court
sitting at ........................................................................the day of
............................., 20.....
Application has been made by
(hereinafter called the male applicant) a person not under the
age of 25 years, by occupation........................................................
resident at ..................................................., in Guyana and
domiciled in Guyana (and by ........................................................,
his wife (hereinafter called the female applicant) being the
mother of the child or a person not under the age of 25 years)
that he (or she) is ( they are ) desirous of being authorised
under the Adoption of Children Act to adopt
(c)......................................................, a child of the
.............................. sex, age................. years, resident
(as the
case may
be)
LAWS OF GUYANA
Adoption of Children Cap. 46:04 59
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
at.................................................... in Guyana, a Commonwealth
citizen who has never been married, the child of
.............................................. (and of ..................................... his
wife) ( herein called the child):
And the male (and female) applicant(s) being
respectively not less than 21 years older than the child;
(And the male (and female) applicant(s) and the child
being within the prohibited degree of consanguinity.
(And the male applicant being the putative father of the
child) (And the female applicant being the mother of the
child);
And all the consents required by the Act having been
obtained or dispensed with;
It is adjudged that the statements made in the application
are true;
(And the following payment or reward is sanctioned,
namely:
And it is ordered that the applicant(s) be authorised to
adopt the child;
(And as regards costs it is ordered that
...................................................................);
(d) And it is directed that the Registrar general shall
make an entry recording this adoption in the Adoption
Children Register in accordance with the particulars set out in
the Schedule hereto (and shall enter the date of birth of the
child in column 6 of the said register.............................................
day of................................. 20.....).
(e) And it having been proved to the satisfaction of the
Court that the child was born on the date last mentioned and
is identical with .............................................., to whom an entry
numbered.......................................and made on the
LAWS OF GUYANA
60 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
......................... day of .................................... 20..... , in the
Register of Births for the Registrar’s district of
............................................. relates, it is further directed that the
Registrar General, in addition to making in the Adopted
Children Register the entry of the date of birth directed above,
shall cause the aforesaid entry in the Register of Births to be
marked with the word "Adopted".
Dated the .....................day of.............................. 20....
THE SCHEDULE TO FORM F
Date of birth of child
(Insert if the date of
birth has been
established to the
satisfaction of the
Court but not
otherwise) and
country of birth of
child
Forename
and
Surname
of
adopted
child
Sex of
adopted
child
Forename and
Surname,
address and
occupation of
adopter or
adopters
Date of
adoption
order and
description of
Court by
which made.

NOTES
(a) Insert name or names, including surname,
by which the child is to be known.
(b) Delete where there is no change of name.
Where there is change of name, insert
former name including surname.
(c) Insert forename or forenames by which the
child is to be known. The surname should
LAWS OF GUYANA
Adoption of Children Cap. 46:04 61
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
r. 11 (1)
not be stated here.
(d) Delete ( ) unless the date of
birth has been established to the satisfaction
of the Court whether by an entry in the.
Register of Births or otherwise.
(e) Where no entry relating to the child is
found in the Register of Births this
paragraph should be deleted.
An adoption order, or copy sent to the Registrar General
is required to be drawn up on paper of foolscap folio size,
thirteen inches by eight inches, and to have a margin, to be
left blank, not less than one inch wide on the left side of the
face of the order, and a similar margin on the right side of the
reverse if any.
FORM G
INTERIM ORDER IN RESPECT OF A CHILD NAMED (a)
FORMERLY (b) )
Before the...................................................................Court
sitting at..................................................., the........................... day
of..............................,20.......
Application has been made by ....................................
(hereinafter called the male applicant) a person not under the
age of 25 years, by occupation ...............................................
resident at ........................................., in Guyana and domiciled
in Guyana (and by ......................................................................his
wife) (hereinafter called the female applicant) being the
mother of the child or a person not under the age of 25 years)
that he (or she) is (or they are) desirous of being authorised
under the Adoption of Children Act to adopt (c)
........................................., a child of the.....................sex, aged
.................... years, resident at .........................................., in
LAWS OF GUYANA
62 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
Guyana, a Commonwealth citizen who has never been
married, the child of ,.............................................. (and
of,........................................................... his wife) (herein called
the child):
And the male (and female) applicant(s) being
(respectively) not less than 21 years older than the child;
And the male (and female) applicant(s) and the child
being within the prohibited degrees of consanguinity;
(And the male applicant being the putative father of the
child);
(And the female applicant being the mother of the child);
And all the consents required by the Act having been
obtained or dispensed with;
It is adjudged that the statements made in the application
are true;
And the determination of the application is postponed
and it is ordered that the custody of the child be given to the
applicant(s) for a period not exceeding two years, viz., until
the........................... day of..............................,20...., by way of a
probationary period upon the following terms, namely,
(And as regards costs it is ordered that for a
determination of the application.
(And as regards costs it is ordered that
Dated the ...................................... day of......................., 20....
.............................................
Registrar

Magistrate
(as the
case
may
be)
LAWS OF GUYANA
Adoption of Children Cap. 46:04 63
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
r. 12 (1)
c. 46:04
NOTES :-

(a) Insert the name or names, including
surname, by which the child is to be known.
(b) Delete where there is no change of name.
Where there is change of name, insert
former name including surname.
(c) Insert forename or forenames by which the
child is to be known. The surname should
not be stated here.
FORM H
NOTICE OF FURTHER HEARING OF AN APPLICATION
FOR AN ADOPTION ORDER IN RESPECT OF A CHILD
NAMED (a) (FORMERLY (b) )
Before the.....................................................Court Sitting
at........................................,the ........................... day of
................................., 20......
To
of
and
of , etc.
TAKE NOTICE:
(a) That an application was made by
(c).................................................for an order
under the Adoption of Children Act
authorising him to adopt the said child,
being a child of the .....................sex,............
then aged years.

LAWS OF GUYANA
64 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
(b) That the determination of the said
application was postponed and an interim
order was made by the
...............................................................................
Court sitting at................................................
......................................................... on the
.......................day of ..............................., 20....
(c) That the said application will be further
heard before the................................... Court
sitting at ....................................................on
the ...................day of...........................20....
and that it is open to you to attend before
the Court.
Dated the....................day of ..............................., 20.....
...................................
Magistrate
.............................................
Registrar

Magistrate
NOTES :—
(a) Insert name or names, including surname by
which the child is to be known.
(b) Delete where there is no change of name.
Where there is change of name, insert
former name, including surname.
(c) Where the application was made by two
spouses jointly the form should be modified.
(as the
case
may
be)
LAWS OF GUYANA
Adoption of Children Cap. 46:04 65
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012

r. 17
FORM I
NOTICE OF APPEAL
IN THE MATTER OF THE APPEAL OF (AN ADOPTER OR
PARENT OR GUARDIAN AS THE CASE MAY BE)
AGAINST A DECISION OF THE ADOPTION BOARD
AND
IN THE MATTER OF THE ADOPTION OF CHILDREN
ACT
I, ................................................... being aggrieved at the
decision of the Board dated the....................day of
....................... 20...., that the adoption of................................., a
male/female child by ...............................................................
would not be in the best interest of the child, do hereby
appeal against such decision on the following grounds:
(Here set out reasons for appeal) I request you to
enter my appeal for hearing. The name and address of
the respondent are:
My address for service is
Dated this ......................... day of.............................,20.....
(Signed).......................................................
Appellant
To: .............................................................................
(Name and address of Respondent)

LAWS OF GUYANA
66 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Rules
L.R.O. 1/2012
r. 19(b)
FORM J
IN THE MATTER OF THE APPEAL OF (AN ADOPTER OR
PARENT OR GUARDIAN AS THE CASE MAY BE)
AGAINST A DECISION OF THE ADOPTION BOARD
AND
IN THE MATTER OF THE ADOPTION OF CHILDREN
ACT,
TAKE NOTICE that the appeal in this matter from the
decision of the Adoption Board dated the
..................................day of ...................................................20......,
will be heard by a Judge in Chambers on the
................................................ day of............................ 20........,at
the hour of.......................in the forenoon, and that if you do not
attend at the time and place abovementioned, such order will
be made as the Judge thinks fit.
Dated this..................... day of............................, 20........
Registrar.
___________________
Reg. 20/1957 ADOPTION OF CHILDREN REGULATIONS
made under section 32
Citation.
Interpretation.
1. These Regulations may be cited as the Adoption of
Children. Regulations.
2. In these Regulations—
“the Board” means the Adoption Board constituted under
Adoption of Children Regulations
LAWS OF GUYANA
Adoption of Children Cap. 46:04 67
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012

c. 134
1953 Ed.

Application to
the Board.
Explanatory
memorandum.
Certificate of
agreement to
be signed by
parent or
guardian.

Board to make
enquires and to
obtain reports.
Delivery of
child to
adopter.
section 3 of the Act;
“case committee” means the committee referred to in section
32(1) (b) of the Act;
“medical practitioner” means a person registered to practise
medicine and surgery under the Medical Service Act.
3. Every person desirous of adopting a child shall first
make application to the Board according to Form A in the
First Schedule and submit with such application the
certificate of a medical practitioner according to Form B in the
said Schedule as to the physical and mental health of such
person.
4. The Board shall furnish the parent or guardian of
the child with a memorandum according to Form C in the
First Schedule and shall not proceed further with any
negotiations or arrangements for the adoption of the child
unless the parent or guardian has signed and delivered to the
Board a certificate (which the Board shall retain) according to
Form D in the said Schedule to the effect that he has read and
understood the memorandum and agrees to the terms of the
last paragraph thereof.
5. The Board shall make enquiries and obtain reports
on the matters set out in the Second Schedule hereto and
generally on all to obtain matters appertaining to the welfare
of the child, and the report on the health of the child shall be
signed by a medical practitioner. The case shall be considered
by a case committee appointed by the Board for the purpose
and consisting of not less than three members of the Board.
6. No child shall be delivered by the Board into the
care and. possession of an adopter until—
(a) the adopter has been interviewed, and
LAWS OF GUYANA
68 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
Visits by
Board’s
representative.
any premises in Guyana in which the
adopter intends that the child should
reside permanently have been
inspected, by the case committee or
by some person on their behalf;
(b) the case committee have considered
the reports required by regulation 5.
7. At least once during the first month, and thereafter
at least once in every two months, of the probationary period
of six months prescribed by section 6 of the Act, or, where an
interim order has been made under section 14 of the Act, of
the period of such order a representative of the Board shall
visit the child and also visit or otherwise make contact with
the parents or guardian of the child and shall report upon the
case and the result of such visits and contact to the case
committee. If the case committee so recommend the Board
shall immediately remove the child from the care and
possession of the adopter.
_______________________
reg. 3
FIRST SCHEDULE
FORM A
THE ADOPTION OF CHILDREN ACT
APPLICATION TO BOARD
I (or We) the undersigned desire to make application to
the Adoption Board in respect of a
*Male
or .......................... child, approximately aged
Female
or the child named
LAWS OF GUYANA
Adoption of Children Cap. 46:04 69
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
reg. 3
now residing at
I (or We) hereby undertake that the particulars given
below are true to the best of my (our) knowledge and belief.
1. Name(s) ............................................................................
2. Address(es) ......................................................................
3. Country of domicile .......................................................
4. Date(s) of birth ................................................................
5. Religion ............................................................................
6. Names and addresses of two responsible persons
able to vouch the character of the adopter(s)
..........................................................................................
..........................................................................................
.......................................................................................... * Delete words which do not apply.
FORM B
THE ADOPTION OF CHILDREN ACT
MEDICAL PARTICULARS
(To be completed by a duly qualified medical practitioner)
1. Name ................................................................................
2. Address............................................................................ .
3. Is there evidence of infectious disease liable to be
contracted by the child?
.......................................................
4. Does applicant suffer from fits?
LAWS OF GUYANA
70 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
..........................................
5. In your opinion is the condition of the applicant’s
physical or mental health such that he/she should be able to
undertake the responsibility and perform the duties of a
parent in the event of an adoption order being
granted......................................................................
Signed.....................................................
Qualification..........................................
Address...................................................
Date ........................................................
(To be completed in respect of wife when application is
made in the name of two spouses)
1. Name ............................................................................
2. Address......................................................................
3. If there evidence of infectious disease liable to be
contracted by the child
?.......................................................
4. Is there evidence of neurosis or allied
illness?.................
5. Does applicant suffer from fits?
..........................................
6. In your opinion is the condition of the applicant’s
physical or mental health such that he/she should
be able to undertake the responsibility and
perform the duties of a parent in the event of an
LAWS OF GUYANA
Adoption of Children Cap. 46:04 71
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
reg. 4
adoption order being granted
?.....................................................................
Signed .......................................................

Qualification ...........................................
Address ....................................................
Date ..........................................................
FORM C
THE ADOPTION OF CHILDREN ACT
EXPLANATORY MEMORANDUM
(To be furnished by the Board to a parent or guardian proposing to
place a child at the disposition of the Board with a view to the child
being adopted)
1. If the court makes an adoption order in respect of
your child all your rights and duties with regard to the child
will be transferred permanently to the adopters and in law
the child will no longer be yours.
2. If you have taken out an insurance policy against
funeral expenses for the child, the insurers will be able to
advise you whether, after the adoption order is granted,
policy can be transferred to the adopters should they wish to
continue it.:
3. The Court cannot make an adoption order without
the consent of each parent or guardian of the child unless the
parent or guardian has abandoned, neglected or persistently
ill-treated the child or cannot be found or is incapable of
giving consent (for instance, by reason of being insane or is
unreasonably withholding consent. Therefore unless one of
these things applies to you the court cannot make an order
LAWS OF GUYANA
72 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
without your consent.
If the natural father of an illegitimate child contributes
towards the child’s maintenance under an affiliation order or
a voluntary agreement the court will, as a rule, require his
consent also.
4. Your consent can be given in writing; but if you are
the child’s mother your consent must be given in the presence
of a Justice of the Peace and cannot be given until the child is
six week old. You cannot consent to the child being adopted
by any person who may apply, and it is no good signing a blank form; the names of definite applicants must have been
inserted in the form, unless they do not want you to know
who they are, in which case—
(a) the form will refer to them by a
number,
(b) you cannot withdraw your consent
because you do not know their
identity (though you can ask what
sort of people they are), and
(c) if you want, you may choose the
religious persuasion in which the
child is to be brought up.
5. The court will send you a notice of the application
and after that, if you have given your consent, but change
your mind and want to get the child back, you will have to
apply to the court for leave to remove the child from the care
of the would-be adopters.
6. You are not allowed to receive or pay any money
for the adoption unless the court agrees. This does not apply
to a weekly payment for the maintenance of your child before
LAWS OF GUYANA
Adoption of Children Cap. 46:04 73
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012

reg. 4
the child goes to the adopters.
7. The Board cannot arrange for your child to be sent
abroad for adoption without a licence from a magistrate of the
Georgetown Magisterial District, and here again a licence
cannot be granted without your consent except for one of the
same sort of reasons as are given in paragraph 3.
8. If you reclaim the child at any time during the
period of probation fixed by the court you will be liable to
refund to the adopter through the Board the expenses
incurred by the adopter in maintaining and educating the
child.
FORM D
THE ADOPTION OF CHILDREN ACT CERTIFICATE
(Certificate of receipt of memorandum to be furnished to Board by
parent or guardian to place child at disposition of Board)
To: The Adoption Board.
I hereby certify that I received from the Adoption Board a
memorandum, headed “EXPLANATORY MEMORANDUM”
from which I have detached this certificate of
acknowledgement: and I further certify that I have read the
memorandum and understand it and agree to the terms of the
last paragraph thereof.
Signature ......................................
Address ........................................
Signature .....................................
Address.........................................

LAWS OF GUYANA
74 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
Date ..............................................
___________________
SECOND SCHEDULE
PART I
PARTICULARS RELATING TO THE CHILD
1. Name ...........................................................................
2. Address ........................................................................
3. (a) Date of birth ...........................................
(b) Weight at birth (State if premature)
..........................
(c) Present weight ........................................
(d) Was the mother’s confinement normal
or instrumental ......................................
4. Is the child a Commonwealth citizen? ........................
5. If baptised, state place of baptism, and
denomination ....................................................................................
6. Full name, address and age of child’s
parents................................................................................................
..............................................................................................................
If dead, state date of death.................................................
7. Parents’ religion(s) ........................................................
8. Has either parent have any other
LAWS OF GUYANA
Adoption of Children Cap. 46:04 75
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
children?.................................
If so state age and sex of each...........................................
9. Is there any history of insanity, tuberculosis, or
other disease in the family of either parent?.............................
10. Why is the child offered for adoption?
..............................................................................................................
..............................................................................................................
11. Has the child any right or interest in
property?........................................
If so give full particulars ....................................................
12. Has any insurance been effected on the life of the
child ...................................................................................
13. If the mother is alive—
(a) is she married? If so, to whom?
..............................
(b) does she consent to the
adoption?..............................
14. If the father is alive-
(a) is he married? If so, to whom?
................................
(b) if not, is he otherwise liable to
contribute to the child's maintenance?
...............................................
If so, give particulars. (If the parents are separated, state
whether there is a separation order in
force)....................................................................................................
..............................................................................................................
LAWS OF GUYANA
76 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
(c) does he consent to the
adoption?.............................
15. If the child has guardians, state:
(a) their names and
addresses:.................................................
(b) how and by whom they are appointed
....................................................................
(c) whether they consent to
adoption........................
16. (a) Are any persons liable to contribute to
the support of the child?
....................................................................
(b) If so, do they agree to adoption?
17. If the answer to question 13(b), 14(c), 15(c) or 16(b)
is in the negative the reason should be stated.
18. Was the child:—
(a) entirely breast fed ? ...............................
(b) partially breast fed; or ...........................
(c) entirely bottle fed? .................................
19. (a) When did the child begin to
walk?..................................
(b) When did the child begin to
talk?...................................
LAWS OF GUYANA
Adoption of Children Cap. 46:04 77
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
_____________________
PART II
MEDICAL CERTIFICATE (THE MEDICAL REPORT
MUST BE SIGNED BY A DULY QUALIFIED MEDICAL
PRACTITIONER)
1. State of nutrition of the child, (good, fair,
poor)..........
2. Are there any evidences of syphilis or other
venereal diseases? ............................................................................
State laboratory tests applied and their results .................
................................................................................................
3. Is there any evidence of
tuberculosis?............................
4. Has the child had fits? If so, state
nature..................................................................................................
5. Is there, or has there been any affection of the skin?
...........................
6. Is there, or has there been any affection of the eyes?
..........................
Is the sight normal? ..........................................................
7. Has the child any discharge from the ears, or any
serious ear trouble, and can it hear well?
..............................................................................................................
8. Are the nose and throat in healthy
condition?..............
9. Is there any evidence of disease of heart or
LAWS OF GUYANA
78 Cap. 46:04 Adoption of Children
[Subsidiary] Adoption of Children Regulations
L.R.O. 1/2012
lungs?.........................................................................................
10. Has the child normal control of bowels and
bladder for its age? ...........................................................................
11. Is the child now suffering from any infectious or
contagious disease? ..........................................................................
12. Has the child had malaria, typhoid fever, measles,
chicken-pox, whooping cough, diphtheria, or mumps?
..............................................................................................................
13. Has the child been vaccinated? .................................
14. Is the child’s mental and physical development
normal for its age? ...........................................................................
15. Has the child any signs of active or healed rickets?
..............................................................................................................
16. Are behaviour, speech, and articulation normal for
its age .................................................................................................
17. If the child has been neglected, or improperly fed,
do you consider its constitution such that good nursing and
proper care, would make it suitable for adoption?
..............................................................................................................
18. Give particulars of any condition, not mentioned
above, about which you consider an adopter should be
informed. ....................................................................................... ....
..............................................................................................................
____________________