Adoption of Children
What is Adoption?
Adoption is a service which provides parents for children who cannot be brought up
by their own families. It is about providing a child with a permanent, loving and
legally secure home with parents who are committed to the child’s welfare. The Adoption
of Children law (2003 Revision) sets out the procedures for adoption of children.
Once an Adoption Order is granted, the adoptive parents become the legal parents
of the child and assume all parental rights and responsibilities. Adopting a child
can be a most rewarding experience.
Who is eligible to adopt?
Adoptive parents may be married or single, childless or already parenting other children.
The requirements outlined in the Adoption Law state a person must be 25 years of
age but not over 65. If married, they must have been married and living together
for no less than three years. If a person is married but separated, he or she will
need the written consent of his or her spouse in order to make an application. The
Cayman Islands Adoption law allows non-Caymanians who are domiciled in the Cayman
Islands, to make application to adopt.
Do I have to own my own house before I can adopt?
It is not necessary for you to own your own home in order to adopt. However, you
must have sufficient space to comfortably accommodate a child joining the family.
What if my income is not very high?
You do not have to have a high income in order to adopt, but you must be able to
provide adequately for your household and for the child you wish to adopt.
How do I begin the process?
Contact the Adoption Co-coordinator, Department of Children and Family Services to
arrange for an initial interview. This will give you an opportunity to ask questions
and provide information about yourself and your reasons for wanting to adopt. The
adoption process will be explained and if everything is in order, you will be given
the application packet to take away and complete.
How do I file an application?
When all of the required documents are completed, you should contact the adoption
co-coordinator and arrange for a second interview. If everything is in place, the
co-coordinator files your application with the Adoption Board. There is a fee of
CI$75.00 for processing an application for adoption within the Cayman Islands.
What happens after the application is made?
The board will arrange for a home study (assessment) to be carried out by a qualified
social worker. The home study consists of several interviews with the adoptive applicants
and all members of their household. It is an evaluation of the prospective adoptive
family and of the physical and emotional environment into which the child would
be placed. During the process, you will, with the social worker’s assistance, consider
all aspects of adoptive parenthood and identify the type of child you wish to adopt.
When the assessment is completed, the social worker will produce a report for the
Board, this report enables the Board to determine whether or not a person should
be approved as a prospective adopter.
How long does this take?
Be prepared to wait. Adopting a child always requires a waiting period. The Home
Study is carried out over a three-month period. It should take approximately five
months from the time you make your application until your case is presented to the
Board. The second half of the process will take another six to seven months. If
however, you are adopting a child from overseas, the complete process could take
approximately two years.
What happens next?
If you application is denied, you will be informed of the Board’s reason for their
decision. You have the right to appeal against the decision. However, few applications
are turned down; the majority receives the Board’s approval. As sson as the Board
gives its approval, the focus is then placed on identifying a child who best fits
the profile for placement with your family.
What happens after the child comes to live with me?
After the child us placed your family, there is a statutory period of three months
during which time the family will be visited by a social worker, this is called
the supervision period. The social worker will visit several times to ensure that
the child is well cared for and that bonding is taking place, At the end of the
supervision period, the social worker will write a report for the Court to support
your application for the Adoption Order.
When is the application made to the Court?
When the court supervision report is completed, your application for an Adoption
Order will be prepared and your case filed with the Grand Court. A date will be
issued for the hearing and summonses will be served on you and all other interested
parties to attend court on that date. Apart from the prospective adopters and the
child to be adopted, the child’s birth parents (if known) or pervious guardian,
are required to attend.
What rights do birth parents have after the adoption?
When the adoption Order is granted, the adoption is compete. The birth parents no
longer have any legal rights to the child and cannot claim the child back. By granting
the Order the Court has vested all legal rights and responsibilities for the child
to you. You now become the parent of the child.