Adoption of Children
ADOPTION OF CHILDREN ACT
CHAPTER 46:03
LAWS OF TRINIDAD AND TOBAGO
Act
31 of 1946
Amended by
15 of 1948
28 of 1973
17 of 1981
*67 of 2000
*See Note on page 2
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–41 ..
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LAWS OF TRINIDAD AND TOBAGO
2 Chap. 46:03 Adoption of Children
Index of Subsidiary Legislation
Page
Adoption of Children Regulations (GN 101/1947) … … … 17
Adoption of Children Rules (GN 129/1947) … … … … 26
Note on Act No. 67 of 2000
This Act is purported to be repealed by the Adoption of Children Act, 2000 (Act No. 67 of 2000)
but Act No. 67 of 2000 has not yet been proclaimed. This Act therefore is the existing law with
respect to the adoption of children and will continue in force until Act No. 67 of 2000 is
proclaimed.
Note on Delegation of Powers
For Delegation of Powers—See LN 10/1957
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 120/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 3
CHAPTER 46:03
ADOPTION OF CHILDREN ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment of Adoption Board.
4. Restriction on making arrangements for the adoption of children.
5. Duties of Board.
6. Provisions relating to arrangements made by the Board.
7. Appeals by persons desirous of adopting children.
8. Release of inmate of certified school for purposes of adoption.
9. Regulations.
10. Power to make adoption orders.
11. Restrictions on making adoption orders.
12. Matters with respect to which Court to be satisfied.
13. Power to make interim orders.
14. Terms and conditions of order.
15. Effect of Adoption Order.
16. Power to make subsequent order in respect of child already subject to
an order.
17. Jurisdiction and procedure.
18. Restriction on payments.
19. Offences.
20. Provisions as to existing de facto.
21. Adopted Children Register.
SCHEDULE.
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LAWS OF TRINIDAD AND TOBAGO
4 Chap. 46:03 Adoption of Children
CHAPTER 46:03
ADOPTION OF CHILDREN ACT
An Act to make provision for the Adoption of Children.
[13TH JUNE 1947]
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 adoption order for the purposes of this
Act and includes an interim order made under section 13;
“child” means a person under the age of eighteen years who has
never been married;
“Court” means any Court having jurisdiction to make adoption
orders under this Act;
“guardian” in relation to a child means a person appointed by
Deed or Will in accordance with the Infants Act, or by a
Court of competent jurisdiction, to be his guardian;
“relative” in relation to any child, means father, mother, son,
daughter, brother, sister, uncle, aunt, grandfather,
grandmother, grandson, grand-daughter whether of the full
blood, or of the half blood, or by affinity.
3. (1) For the purposes of this Act a Board to be called the
Adoption Board (in this Act referred to as the Board) shall be
constituted which shall consist of a Chairman and not more than
five persons to be appointed by the Minister.
(2) At any meeting of the Board from which the Chairman
is absent the members present shall appoint one of their number to
officiate as Chairman of that meeting.
(3) The quorum of the Board shall be three.
1950 Ed.
Ch. 29. No 7.
31 of 1946.
Commencement.
Short title.
Interpretation.
[28 of 1973
17 of 1981].
Ch. 46:02.
Establishment of
Adoption Board.
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LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 5
(4) The Minister may appoint any person to act in the
place of any member of the Board in case of the absence or inability
to act of such member.
(5) The Board shall have power to regulate its procedure.
(6) The Board may appoint a fit and proper person to be
Secretary to the Board and may determine the duties to be
performed by the Secretary.
(7) The Board may appear and be represented at any stage
of the proceedings in a Court by the Secretary or by any person
generally or specially authorised by the Board.
4. (1) No person other than the Board shall make
arrangements for the adoption of a child.
(2) Any person who takes part in arranging an adoption
or in the management or control of a body of persons other than
the Board which exists wholly or in part for the purpose of making
arrangements for the adoption of children, is liable on summary
conviction to a fine of six thousand dollars and to imprisonment
for six months.
(3) For the purposes of this Act, a person shall be deemed
to make arrangements for the adoption of a child if he, not being
the parent or guardian of the child, enters into or makes any
agreement or arrangement for, or for facilitating, the adoption of
the child by any other person, whether the adoption is effected, in
pursuance of an adoption order or otherwise, or if he initiates or
takes part in any negotiations of which the purpose or effect is the
conclusion of any agreement or the making of any arrangement
therefor, or if he causes another to do so.
5. The Board shall—
(a) receive applications from parents, guardians and
adopters in respect of the adoption of children;
(b) make such investigations concerning the adoption
of children for the consideration of the Court as
may be prescribed under section 9;
(c) act as guardian ad litem of any child in respect of
whom an adoption order is sought.
Restriction on
making
arrangements
for the adoption
of children.
Duties of Board.
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LAWS OF TRINIDAD AND TOBAGO
6 Chap. 46:03 Adoption of Children
6. (1) Where arrangements are made by the Board for the
adoption of a child, an application to the Court for an adoption
order in respect of the child shall not be made by the adopter until
the expiration of a period of six months from the date upon which
the child is delivered into the care and possession of the adopter
pursuant to the arrangements and at any time during that period—
(a) the adopter may give notice in writing to the
Board of his intention not to adopt the child; or
(b) the Board may cause notice in writing to be given
to the adopter of its intention not to allow the child
to remain in the care and possession of the adopter,
and where a notice is so given, the adopter shall, within seven
days of the date on which the notice was given, cause the child
to be returned to the Board, and the Board shall receive the
child accordingly.
(2) The Board shall appoint one or more persons whose
duty shall be to keep the child under close supervision during the
said period of six months in accordance with Regulations made
under this Act.
(3) If, at the expiration of the said period of six months,
no notice has been given as aforesaid, the adopter shall within
three months from the date upon which that period so expired apply
to the Court for an adoption order in respect of the child or shall
give notice in writing to the Board of his intention not to apply for
such an order, and, where notice is so 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
was given or of the date upon which the application is so refused,
as the case may be, cause the child to be returned to the Board, and
the Board shall receive the child accordingly.
(4) Any person who contravenes this section is liable on
summary conviction to a fine of one thousand five hundred dollars
and to imprisonment for six months; and the Court by which the
offender is convicted may order any child in respect of whom the
offence is committed to be returned to his parents or guardian or to
the Board.
Provisions
relating to
arrangements
made by the
Board.
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LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 7
7. Where any person has made representations to the Board
with a view to the adoption of a child, and the Board is of the
opinion that the adoption of the child by that person would not be
in the best interests of the child, the Board shall notify the person
accordingly, and such person may appeal from the decision of the
Board to a Judge of the High Court in a summary way.
8. Where the child in respect of whom an adoption order is
sought is an inmate of a certified school as defined by section 29
of the Children Act, the managers of the school may, with the
consent of the Minister, and notwithstanding anything contained
in section 56 or section 57 of that Act, sanction the unconditional
release of the child from the school for the purposes of the adoption.
9. (1) The Minister may make Regulations—
(a) for regulating the conduct of negotiations entered
into by or on behalf of the Board 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
proposes to place the child at the disposition
of the Board with a view to the child being
adopted, he shall be furnished with a
memorandum in the prescribed form
explaining in ordinary language the effect,
in relation to his rights as a parent or
guardian, of the making of an adoption
order in respect 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 such an
order; and
(ii) that, before so placing the child at the
disposition of the Board, the parent or guardian
shall sign a document in the prescribed form
verifying that he has read or had read and
understood the said memorandum;
Appeals by
persons desirous
of adopting
children.
Release of
inmate of
certified school
for purposes of
adoption.
Ch. 46:01.
Regulations.
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LAWS OF TRINIDAD AND TOBAGO
8 Chap. 46:03 Adoption of Children
(b) for requiring that the case of every child proposed
to be delivered by or on behalf of the Board 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 Board;
(c) for prescribing, in the case of every such child as
to the inquiries which must be made and the
reports which must be obtained by the 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 Board 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
Trinidad and Tobago in which the adopter
intends that the child should reside permanently,
and until the committee have 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 Board;
(f) generally for carrying out the purposes of this Act.
(2) Any person who contravenes any regulation made
under this section is liable on summary conviction for a first
offence to a fine of seven hundred and fifty dollars and on any
subsequent summary conviction to a fine of one thousand five
hundred dollars.
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LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 9
10. (1) Upon an application in the prescribed manner by any
person desirous of being authorised to adopt a child, the Court
may, subject to this Act, make an adoption order authorising the
applicant to adopt that child.
(2) Where an application for an adoption order is made by
two spouses jointly, the Court may make the order authorising the
two spouses jointly to adopt, but save as aforesaid no adoption order
shall be made authorising more than one person to adopt a child.
11. (1) An adoption order shall not be made in any case where—
(a) the applicant is under the age of twenty-five
years, or
(b) the applicant is less than twenty-one years older
than the child in respect of whom the application
is made; but the Court may, if it thinks fit, make
an order—
(i) notwithstanding that the applicant is less
than twenty-five years of age, if the
applicant is the mother of the child; or
(ii) notwithstanding that the applicant is less
than twenty-one years older than the child,
if the applicant and the child are within the
prohibited degrees of consanguinity, or if
the application is made by or on behalf of
two spouses jointly and the wife is the
mother of the child or the husband is the
putative father of the child.
(2) An adoption order shall not be made in any case where
the sole applicant is a male unless the Court is satisfied that there
are special circumstances which justify as an exceptional measure
the making of an adoption order.
(3) Before the Court makes any interim order under
section 13, or makes any adoption order without first making such
interim order, consents to the adoption order by all persons (if
any) whose consents are required in accordance with subsection
(3A) of this section shall be filed in the Court.
Power to make
adoption orders.
Restriction on
making adoption
orders.
[17 of 1981].
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LAWS OF TRINIDAD AND TOBAGO
10 Chap. 46:03 Adoption of Children
(3A) The persons whose consents to any such order in
respect of any child are required as aforesaid, unless they are
dispensed with by the Court under subsection (4A), shall be—
(a) where there is no adoption order in force in respect
of the child the parents or the surviving parent or
the guardian or guardians, as the case may be;
(b) where there is an adoption order in force in respect
of the child the adopting parents or parent or the
surviving adopting parent.
(4) An adoption order shall not be made upon the
application of one of two spouses without the consent of the other
of them; but the Court may dispense with any consent required by
this subsection if satisfied that the person whose consent is to be
dispensed with cannot be found or is incapable of giving such
consent or that the spouses have separated and are living apart and
that the separation is likely to be permanent.
(4A) The Court may dispense with any consent required
by subsection (3A) if it is satisfied—
(a) in the case of a parent or guardian of the child,
that he has abandoned, neglected or persistently
ill-treated the child;
(b) in the case of a person liable by virtue of an order
or agreement to contribute to maintenance of the
child that he has consistently neglected or refused
so to contribute;
(c) in any case, that the person whose consent is
required cannot be found or is incapable of
giving his consent or that his consent is
unreasonably withheld;
(d) in any other case where the Court sees fit.
(5) An adoption order shall not be made in favour of any
applicant who is not resident and domiciled in Trinidad and Tobago
nor in respect of any child who is not a Commonwealth citizen
and so resident.
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LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 11
Matters with
respect to which
Court to be
satisfied.
Power to make
interim orders.
Terms and
conditions of
order.
12. The Court before making an adoption order shall be
satisfied—
(a) that every person whose consent is necessary
under this Act and whose consent is not dispensed
with has consented to and understands the nature
and effect of the adoption order for which
application is made, and in particular in the case
of any parent, understands that the effect of the
adoption order will be permanently to deprive him
or her of his or her parental rights;
(b) that the order if made will be for the welfare
of the infant, due consideration being for this
purpose given to the religious denomination
of the parties and to the wishes of the child,
having regard to the age and understanding of
the child;
(c) that the applicant has not received or agreed
to receive, and that no person has made or
given, or agreed to make or give to the
applicant, any payment or other reward in
consideration of the adoption except such as
the Court may sanction.
13. (1) If on application for an adoption order the Court
is of the opinion that a further probationary period is desirable
it shall have power to make an interim order not exceeding
two years.
(2) All such consents as are required for an adoption order
shall be necessary to an interim order but subject to the power of
the Court to dispense with any such consents.
14. The Court in an adoption order may impose such terms
and conditions as the Court may think fit and in particular may
require the adopter by bond or otherwise to make for the adopted
child such provision (if any) as in the opinion of the Court is just
and expedient.
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LAWS OF TRINIDAD AND TOBAGO
12 Chap. 46:03 Adoption of Children
15. (1) For all purposes, as from the date of the making of an
adoption order—
(a) the adopted child becomes the child of the
adopting parent and the adopting parent becomes
the parent of the adopted child; and
(b) the adopted child ceases to be the child of the
person who was his parent before the adoption
order was made and that person ceases to be the
parent of the adopted child,
as if the adopted child had been born in lawful wedlock to the
adopting parent.
(2) The relationship one to another of all persons whether
the adopted child, the adopting parent, the kindred, of the adopting
parent, the parent before the adopting order was made, the kindred
of the former parent or any other person, shall, for all purposes, be
determined in accordance with subsection (1).
(3) Subsections (1) and (2) do not apply for the purpose
of the law relating to incest and the prohibited degrees of marriage
to remove any persons from a relationship in consanguinity that,
but for this section, would have existed.
16. An adoption order or an interim order may be made in
respect of a child who has already been the subject of an adoption
order, and, upon any application for such further adoption order,
the adopter or adopters under the adoption order last previously
made shall, if living, be deemed to be the parent or parents of the
child for all the purposes of this Act.
17. (1) The Court having jurisdiction to make adoption orders
under this Act shall be the High Court or, at the option of the
applicant, any Court of summary jurisdiction within the jurisdiction
of which either the applicant or the child resides at the date of the
application for the adoption order.
(2) The Rules Committee established by the Supreme
Court of Judicature Act may, subject to negative resolution of
Parliament, make Rules directing the manner in which applications
to the Court may be made for regulating appeals under section 8
Effect of
Adoption Order.
[17 of 1981].
Power to make
subsequent
order in respect
of child already
subject to an
order.
Jurisdiction and
procedure.
Ch. 4:01.
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LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 13
and for dealing generally with all matters of procedure and
incidental matters arising out of this Act. Such Rules may provide
for applications for adoption orders being heard and determined
otherwise than in open Court, and where the application is made
to a Court of Summary Jurisdiction, for the hearing and
determination thereof in a Juvenile Court within the meaning of
section 87 of the Children Act.
18. It shall not be lawful for any adopter or for any parent or
guardian, except with the sanction of the Court to receive any
payment or other reward in consideration of the adoption of any
child under this Act or for any person to make or give or agree to
make or give to any adopter or to any parent or guardian any such
payment or reward.
19. Any person who causes to be published, or knowingly
publishes an advertisement indicating that—
(a) the parent or guardian of a child is desirous of
causing the child to be adopted; or
(b) a person is desirous of adopting a child, or any
person (not being the Board) is willing to make
arrangements for the adoption of a child,
is liable on summary conviction to a fine of one thousand five
hundred dollars.
20. Where at the date of the commencement of this Act any
child is in the custody of, and being brought up, maintained and
educated by any person or two spouses jointly as his, her or their
own child under any de facto adoption, and has for a period of not
less than two years before such commencement been in such
custody, and been so brought up, maintained and educated, the
Court may, upon the application of such persons or spouses, and
notwithstanding that the applicant is male, make an adoption order
authorising him, her or them 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 for the welfare
of the child that no such consent should be required and that an
adoption order should be made.
Ch. 46:01.
Restriction on
payments.
Offences.
Provisions as to
existing
de facto.
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LAWS OF TRINIDAD AND TOBAGO
14 Chap. 46:03 Adoption of Children
Adopted
Children
Register.
Schedule.
Schedule.
21. (1) The Registrar General shall establish and maintain at
his office a register to be called the Adopted Children Register, in
which shall be made such entries as may be directed to be made
therein by adoption orders, but no other entries.
(2) Every adoption order shall contain a direction to the
Registrar General to make in the Adopted Children Register an
entry recording the adoption in the form set out in the Schedule.
(3) If upon any application for an adoption order there is
proved to the satisfaction of the Court—
(a) the date of the birth of the child; and
(b) the identity of the child with a child to which any
entry or entries in the Registers of Births relates,
the adoption order shall contain a further direction to the Registrar
General to cause such birth, entry or entries in the Register of Births,
to be marked with the word “adopted” and to include in the entry
in the adoption register recording the adoption the date stated in
the order of the adopted child’s birth in the manner indicated in
the Schedule.
(4) The prescribed officer of the Court shall cause every
adoption order to be communicated in the prescribed manner
to the Registrar General, and upon receipt of such
communication the Registrar General shall cause compliance
to be made with the directions contained in such order in regard
both to marking any entry in the Registers of Births with the
word “adopted” and in regard to making the appropriate entry
in the Adopted Children Register.
(5) A certified copy of any entry in the Adopted Children
Register if purporting to be signed by the Registrar General shall,
without any further or other proof of such entry—
(a) where the entry does not contain any record of
the date of the birth of the adopted child, be
received as evidence of the adoption to which the
same relates; and
(b) where the entry contains a record of the date of
the birth of the adopted child, shall be received
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LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 15
not only as evidence of the adoption to which the
same relates but also as evidence of the date of
the birth of the adopted child to which the same
relates in all respects as though the same were a
certified copy of an entry in the Register of Births.
(6) The Registrar General shall cause an index of the
Adopted Children Register to be made and kept in his office, and
every person shall be entitled to search such index and to have a
certified copy of any entry in the Adopted Children Register in all
respects upon, and subject to the same terms, conditions and
regulations as to payment of fees and otherwise as are applicable
under the Births and Deaths Registration Act, or any other Act, in
respect of searches in indexes relating to births and deaths kept in
the office of the Registrar General, and in respect of the supply
from such office of certified copies of entries in the Registers of
Births and Deaths.
(7) The Registrar General shall, in addition to the
Adopted Children Register and the index thereof, keep such other
registers and books, and make such entries therein as may be
necessary, to record and make traceable the connection between
any entry in the register of births which has been marked
“adopted” pursuant to this Act and any corresponding entry in
the Adopted Children Register, but such last-mentioned registers
and books shall not be nor shall any index thereof be open to
public inspection or search, nor, except under an order of a Court
of competent jurisdiction, shall the Registrar General furnish any
person with any information contained in or with any copy or
extract from any such registers or books.
(8) Regulations made by the Registrar General under the
Births and Deaths Registration Act may make provision as to the
duties to be performed by Superintendent Registrars and Registrars
of Births and Deaths in the execution of this Act.
Ch. 44:01.
Ch. 44:01.
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LAWS OF TRINIDAD AND TOBAGO
16 Chap. 46:03 Adoption of Children
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.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 17
SUBSIDIARY LEGISLATION
ADOPTION OF CHILDREN REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Application to adopt a child.
4. Memorandum.
5. Reports.
6. Delivery of child.
7. Visits.
FIRST SCHEDULE.
SECOND SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
18 Chap. 46:03 Adoption of Children
101/1947.
Citation.
Interpretation.
Application to
adopt a child.
First Schedule.
Forms A and B.
Memorandum.
First Schedule.
Forms C and D.
Reports.
Second
Schedule.
ADOPTION OF CHILDREN REGULATIONS
made under section 9
1. These Regulations may be cited as the Adoption of
Children Regulations.
2. In these Regulations—
“Board” means the Adoption Board constituted under section 3
of the Act;
“Case Committee” means the committee referred to in section 9
of the Act.
3. Every person desirous of adopting a child shall first
make application to the Board in the form set out as Form A in
the First Schedule and submit with such application the
certificate of a member of the Medical Board of Trinidad and
Tobago in the form set out as 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 in the form set out as 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) in the form set out as
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 and generally on all matters
appertaining to the welfare of the child, and the report on the health
of the child shall be signed by a member of the Medical Board of
Trinidad and Tobago. 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.
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Adoption of Children Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 19
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 any
premises in Trinidad and Tobago 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 13 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.
Delivery of
child.
Visits.
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[Subsidiary] Adoption of Children Regulations
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 46:03 Adoption of Children
FIRST SCHEDULE
FORM A
APPLICATION TO BOARD
I (or We) the undersigned desire to make application to the Adoption Board
in respect of a
*Male/Female child, approximately aged .................................................
or the child named .....................................................................................
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.
Regulation 3.
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Adoption of Children Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 21
FORM B
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. 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 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. Is 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 adoption order
being granted? ......................................................................................
Signed ............................................................
Qualification ..................................................
Address ..........................................................
Date ................................................................
Regulation 3.
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[Subsidiary] Adoption of Children Regulations
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 46:03 Adoption of Children
FORM C
MEMORANDUM TO BE FURNISHED BY BOARD TO
PARENT OR GUARDIAN PROPOSING TO PLACE
CHILD AT DISPOSITION OF BOARD
ADOPTION OF CHILDREN ACT
If an adoption order is made in respect of your child, all your rights and
duties with regard to the child will be transferred permanently to the adopter. If
you have taken out an insurance policy against funeral expenses for the child,
the insurers will be able to advise you whether the policy can be transferred to
the adopters, as is often the case.
It is for the adopters to apply for an adoption order, but unless there is some
special reason to the contrary, the Court which deals with the application will
not make an order without your consent. The only grounds on which an adoption
order can be made without the consent of the child’s parents or guardians are
that they have deserted the child or cannot be found or are out of their proper
senses or otherwise incapable of giving consent. You may have to appear before
the Court in private to tell them whether you agree to the adoption.
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 Adoption Board
the expenses incurred by the adopter in maintaining and educating the child.
Regulation 4.
Regulation 4. FORM D
CERTIFICATE OF RECEIPT OF MEMORANDUM TO BE
FURNISHED TO BOARD BY PARENT OR GUARDIAN
PROPOSING TO PLACE CHILD AT
DISPOSITION OF BOARD
To: The Adoption Board, Trinidad and Tobago.
I hereby certify that I received from the Adoption Board a memorandum,
Form C, headed “Adoption of Children Act”, from which I have detached this
form of acknowledgement: that I have read the memorandum and understand it
and agree to the terms of the last paragraph thereof.
Signature .................................................................
Address ...................................................................
Signature .................................................................
Address ...................................................................
Date .........................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Adoption of Children Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 23
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 citizen of Trinidad and Tobago? .....................................
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 any other 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? .................................................................................
Regulation 5.
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[Subsidiary] Adoption of Children Regulations
LAWS OF TRINIDAD AND TOBAGO
24 Chap. 46:03 Adoption of Children
If so, give particulars. (If the parents are separated, state whether there
is a separation order in force.) ..............................................................
(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 were appointed; ......................................
(c) whether they consent to adoption; ................................................
16. (a) Are there any other 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? .................................................
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 ..................................................................................
UNOFFICIAL VERSION
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Adoption of Children Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 25
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 had 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 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.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
26 Chap. 46:03 Adoption of Children
ADOPTION OF CHILDREN RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Application for adoption order.
4. Previous application.
5. Hearing of application.
6. Application heard and determined in camera.
7. Adoption or interim order.
8. Separate hearing and examination.
9. Adjournment of hearing.
10. Court may refuse to make order.
11. Drawing up of adoption or interim order.
12. Postponement and application to proceed.
13. Costs.
14. Duplicate or certified copy.
15. Rules of Supreme Court and Summary Courts Act.
APPEALS
16. Statement of reasons.
17. Notice of appeal.
18. Respondents.
19. Filing of notice of appeal.
20. Board to furnish reasons for decisions, etc.
SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 27
129/1947.
Citation.
Interpretation.
Application for
adoption order.
Schedule.
Forms A,
B and D.
Sub. Leg.
Schedule.
Form C.
Previous
application.
ADOPTION OF CHILDREN RULES
made under section 17(2)
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.
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 in the form set out as Form A in the Schedule,
accompanied by a statement of particulars in the form set out as
Form B in the said Schedule and written consents in the form set
out as Form D in the said Schedule.
(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 the form set out as Form C in the Schedule.
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
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[Subsidiary] Adoption of Children Rules
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 46:03 Adoption of Children
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 in the form set out as Form E
in the Schedule addressed to the respondents and shall direct the
applicant or, if the applicant so desires, the Board to cause such
notice to be served on each of them; but 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 Trinidad and Tobago or elsewhere.
However, 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. Notwithstanding the provisions of section 87 of the
Children Act in regard to the holding of Juvenile Courts, 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
Hearing of
application.
Schedule.
Form E.
Application
heard and
determined
in camera.
Ch. 46:01.
Adoption or
interim order.
UNOFFICIAL VERSION
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Adoption of Children Rules [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 29
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
subrule (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 the Court;
(b) in the case of any other 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 Affidavits 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 purporting to be made before and signed
by a Justice of the Peace or Commissioner of Affidavits.
8. Subject to this rule and of 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. However, 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 of all other parties to the application is
first obtained.
Separate hearing
and
examination.
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[Subsidiary] Adoption of Children Rules
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 46:03 Adoption of Children
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 the applicant or
if the applicant so desires the Board to cause 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 that ground expressly, refuse
to make an order.
11. (1) An adoption order or an interim order shall be drawn
up in the form set out as Form F or Form G in the Schedule, 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
of the Supreme Court or Clerk of a 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 Board
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 the form set out as Form H in the Schedule,
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; but where the child is in the actual custody of 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.
Adjournment of
hearing.
Court may
refuse to make
order.
Drawing up of
adoption or
interim order.
Schedule.
Forms F and G.
Postponement
and application
to proceed.
Schedule.
Form H.
UNOFFICIAL VERSION
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Adoption of Children Rules [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 31
Costs.
Duplicate or
certified copy.
Rules of
Supreme Court
and Summary
Courts Act.
Ch. 4:20.
Statement of
reasons.
(3)(a) The Court may waive the requirement under
subrule (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 of
the Supreme Court 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 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 Supreme
Court shall apply in respect of all proceedings under the Act in the
High Court and the Summary Courts Act 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 “appellant”)
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[Subsidiary] Adoption of Children Rules
LAWS OF TRINIDAD AND TOBAGO
32 Chap. 46:03 Adoption of Children
deliver to him and file in its proceedings its statement of the
reason for its decision or order.
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 at the
Registry, Supreme Court, Port-of-Spain, a notice in writing to that
effect in the form set out as Form I in the Schedule (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
rule 5(2) (except the appellant) shall be named as respondents
and shall be served with a copy of the said notice.
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 the form set out as Form J
in the Schedule 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 Supreme
Court for office copies of documents in the Registry.
Notice of
appeal.
Schedule.
Form I.
Respondents.
Filing of notice
of appeal.
Schedule.
Form J.
Board to furnish
reasons for
decisions, etc.
Sub. Leg.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Adoption of Children Rules [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 33
SCHEDULE
FORM A
APPLICATION FOR ADOPTION ORDER
Application for an Adoption Order in respect of a child named
...........................................................................................................................................
known to the Adoption Board as Case No ..................
To the ................................................ Court.
I (or We), the undersigned ....................................................................... resident at
....................................................................................................... hereby state:
.............................................................................................................
1. I am (or We are) desirous of being authorised under the provisions of the Adoption
of Children Act to adopt .................................................................... a child of the
......................... sex, resident at ............................ in Trinidad and Tobago, 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) child under a de facto adoption and had been in my (our) custody and had been so
maintained and educated for a period of not less than two years before that date, to wit,
from and after the .................. day of ........... 20 ..........
3. The child has been in my (our) care and has been brought up, maintained and
educated by me (us) since ...................................
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 Trinidad and Tobago.
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
the adoption (except as follows: ...................................... ).
7. I (or We) have 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 .................. of
........................., 20 ................
...................................................
Rule 3(1).
Delete except in
the case of
de facto
adoption.
Signature of Applicant(s)
(giving full given names)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary] Adoption of Children Rules
LAWS OF TRINIDAD AND TOBAGO
34 Chap. 46:03 Adoption of Children
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 .....................................................................................
These particulars are to be furnished by both male and female applicant, if the application
is being made by two spouses.
Rule 3(1).
Rule 3(3).
*Delete whichever is not applicable.
FORM C
STATEMENT TO BE LODGED IN COURT BY BOARD ON
EVERY APPLICATION FOR AN ADOPTION ORDER
Statement by Adoption Board of identity of child now named
...........................................................................................................................................
known to the Adoption Board as Case No .......................................................................
To the ................................. Court:
1. I .............................................................................................................. being a
member of the Adoption Board of Trinidad and Tobago 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 citizen of Trinidad and Tobago and has never married.
*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.
..........................................................
Dated ................................. Signature of Member of Adoption Board
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Adoption of Children Rules [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 35
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 ................................, 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 that I (we) understand the nature and effect of the Adoption Order for which
application is made [and that in particular I (we) understand 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) ..............................................................
Signed in the presence of: (Description) ........................................................
(Signature) ...........................................................
(Address) ..............................................................
(Description) ........................................................
Rule 3(1).
Delete all but
one of these
descriptions,
except in the
case of father
and mother
consenting
jointly.
(Signature)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary] Adoption of Children Rules
LAWS OF TRINIDAD AND TOBAGO
36 Chap. 46:03 Adoption of Children
Rule 5(3).
See Note (1).
See Note (2).
See Note (3).
FORM E
NOTICE OF AN APPLICATION FOR AN
ADOPTION ORDER
Notice of an application for an Adoption Order in respect of a child named (1)
............................................................ [formerly (2) ...................................................... ],
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 (3) ................................... 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 ...........
..............................................................
Notes—
(1) Insert name or names by which the child is to be known .........................
(2) Delete where there is no change of name. Where there is a change of
name insert former names, including surname.
(3) Where the application is made by two spouses jointly the form should
be modified.
Justice of the Peace
(or as the case may be)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Adoption of Children Rules [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 37
FORM F
ADOPTION ORDER
Adoption Order in respect of a child named ...................................................
(formerly .............................................. ). 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 twenty-five years,
by occupation ......................................... resident at ..................................., in Trinidad
and Tobago and domiciled in Trinidad and Tobago [and by ..........................................,
his wife (hereinafter called the female applicant) being the mother of the child or a
person not under the age of twenty-five years] that he (or she) is (or they are) desirous of
being authorised under the Adoption of Children Act to adopt .......................................,
a child of the ............................... sex, aged ........................................ years, resident at
..................................... in Trinidad and Tobago a citizen of Trinidad and Tobago 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 twenty-one
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 following payment or reward is sanctioned, viz.: ......................... );
And it is ordered that the applicant(s) be authorised to adopt the child;
(And as regards costs it is ordered that ......................................... );
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 (and shall enter the date of Birth of the child in column 6 of the said
register as the .................... day of ........................ 20 ............... ).
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 ................. day of .................. 20 ..........,
in the Registrar 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”.
........................................................
Rule 11(1).
See Note (1).
See Note (2).
See Note (3).
Delete the
words which are
not applicable.
See Note (4).
See Note (5).
Justice of the Peace
(or as the case may be)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary] Adoption of Children Rules
LAWS OF TRINIDAD AND TOBAGO
38 Chap. 46:03 Adoption of Children
SCHEDULE TO FORM F
Notes—
(1) Insert name or names, including surname, by which the child is to be known.
(2) Delete where there is no change of name. Where there is change of name, insert
former name including surname.
(3) Insert given name or names by which the child is to be known. The surname
should not be stated here.
(4) 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.
(5) Where no entry relating to the child is found in the Register of Births this paragraph
should be deleted.
(6) 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.
Name of
Adopted Child
[See Note (3)]
Sex of
Adopted
Child
Name and
Surname,
Address and
Occupation of
Adopter or
Adopters
Date of Birth of
Child (Insert if
the date of birth
has been
Established to
the satisfaction
of the Court but
not otherwise)
Date of
Adoption
Order and
Description
of Court by
which made
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Adoption of Children Rules [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 39
FORM G
INTERIM ORDER
Interim Order in respect of a child named ..........................................................
(formerly ............................................................. ).
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 twenty-five years,
by occupation ............................................, resident at ..................................................
in Trinidad and Tobago and domiciled in Trinidad and Tobago (and by
........................................................, his wife (hereinafter called the female applicant)
being the mother of the child or a person not under the age of twenty-five years) that he
(or she) is (or they are) desirous of being authorised under the Adoption of Children Act
to adopt ......................................., a child of the ................... sex, aged .....................
years, resident at ......................................................................, in Trinidad and Tobago,
a citizen of Trinidad and Tobago 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 twenty-one 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, viz ................................................ and that the applicant(s)
shall at least two months before that date apply for a determination of the application:
(And as regards costs it is ordered that ............................. ).
.....................................................
Notes—
(1) Insert the name or names, including surname, by which the child is to be known.
(2) Delete where there is no change of name. Where there is change of name, insert
former name including surname.
(3) Insert given name or names by which the child is to be known. The surname
should not be stated here.
See Note (2).
Rule 11(1).
Delete words
which are not
applicable.
Delete words
which are not
applicable.
Justice of the Peace
(or as the case may be)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Adoption of Children Rules
LAWS OF TRINIDAD AND TOBAGO
40 Chap. 46:03 Adoption of Children
Rule 12(1). FORM H
NOTICE OF FURTHER HEARING OF AN
APPLICATION FOR AN ADOPTION ORDER
Notice of Further Hearing of an Application for an Adoption Order in respect
of a child named (1) ................................. (formerly ............................... ).
Before the .............................. Court sitting at ........................ the ............
day of .................., 20 ...............
To ............................ of ............................ and ........................... of ..........., etc.
Take notice:
(a) That an application was made by (3) ...................................................
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.
(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.
.............................................
Notes—
(1) Insert name or names, including surname by which the child is to be known.
(2) Delete where there is no change of name. Where there is change of name, insert
former name, including surname.
(3) Where the application was made by two spouses jointly the form should be
modified.
Dated this ..................... day of ......................, 20 .............
Justice of the Peace
(or as the case may be)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Adoption of Children Rules [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Adoption of Children Chap. 46:03 41
Rule 17.
Rule 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 at the Court
House, High Court, Port-of-Spain, on ........................ day of ..................... 20 ............ at
the hour of ................................. in the forenoon, and that if you do not attend at the time
and place above-mentioned, such order will be made as the Judge thinks fit.
Dated this ................... day of ................................., 20 ..............
.................................................
NOTICE OF APPEAL
FORM I
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: ...........................................................................................................
...........................................................................................................................................
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) .................................................
To: ......................................................
[Here set out reasons for appeal]
Appellant
[Name and address of Respondent]
Registrar, Supreme Court
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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