Bahamas: Adoption In The Bahamas - Part 2

Last Updated: 27 July 2015
Article by Mikia S. Cooper

Not only Bahamians are allowed to adopt Bahamian children or children from abroad. Non Bahamians are also allowed to adopt children from The Bahamas; however all applicants must firstly be approved by the Department of Social Services. Before non Bahamian applicants are approved they must be deemed eligible to adopt under the laws of their country. For instance, American applicants must apply to the U. S. Citizenship and Immigration Services. Further, the applicants must meet additional requirements in order to adopt and to bring that child to the United States, which are as follows:

  1. The applicants must be a U. S. Citizen
  2. If they are not married, he/she must be at least 25 years old
  3. If they are married, the applicants must jointly adopt the child and your spouse must also be a U. S. Citizen or have legal status in the United States
  4. Other requirements will also determine the applicants' eligibility such as home visits, financial background, fingerprinting and criminal background checks

In addition to the above requirements, the applicants must meet their home state's requirements in order to adopt.

Once the application for the adoption has been approved by the Department of Social Services, the next stage is for the applicants to retain an attorney to complete this process.

In the case of private adoptions, the applicants find the child themselves and proceed with the adoption. The parents of the child, usually the mother, executes a consent agreeing to the adoption, which consent will not be considered valid until the child is at least six (6) weeks old.

An adoption is begun in the Supreme Court by filing the Originating Summons that requests that a certain person be appointed as the Guardian ad litem, to protect the interest of the child and the applicants request to adopt the child. The applicants are also required to file a Statement outlining their date of birth, nationality, marital status, salary and type of housing. A marriage certificate of the applicants, birth certificate and health certificate of the child are attached to this Statement. The applicants are also required to swear or affirm an Affidavit confirming the contents of the Statement. Also filed at this time are the Consent of the parent or parents of the child and the Consent from the proposed Guardian asserting that he/she is prepared to act as such Guardian. Additionally, a Summons seeking the appointment for the Guardian ad litem and an Undertaking by the applicants that they would be responsible for the costs of the Guardian are also filed.

Once the above documents are filed and served on the proposed Guardian ad litem, they would enter an Appearance and the attorney or attorneys for the applicants would apply for a date for the hearing to appoint the Guardian. On the hearing date, the attorney would appear and an Order for the appointment of the Guardian would be made.

It is important to note that, although not set out in the Adoption Act or the Rules, practice requires that if the proposed adoption involves a foreign child, the documents must be served on the Attorney General's office. The reason for this is that an adoption of a non Bahamian child by Bahamian parents automatically grants Bahamian citizenship to the child. Therefore, the Attorney General is usually very anxious to confirm that the adoption is not a fraud.

In most cases where children are being adopted from one of the hostels (listed in Adoption in The Bahamas Part I) or if Social Services are involved then the Director of Social Services is appointed as the Guardian ad litem. In private adoptions, normally attorneys or other professionals are appointed.

Once the Guardian ad litem is appointed by the Court, home visits are made and the Guardian is required to make a report indicating whether or not the application is supported and ought to be granted by the Court as it is in the best interest of the child. After the Guardian's report is completed, it is filed and a second application is made to the Court for the hearing of the actual adoption. The Judge reviews the report, addressing any concerns or questions he/she may have. Further, if the child is foreign, the Attorney General's office addresses the Court as to whether the adoption should be granted or not.

Lastly, if the Judge is satisfied that the correct procedure has been followed and that the adoption is in fact in the best interest of the child, the adoption order is made. This final order is sent to the Register of Records so that the entry can be made in the Adoption Children Registrar at the Registry.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions