Revision as of 22:57, 23 March 2014

The official flag of Jamaica.
Source: cia.gov.

Map of Jamaica.
Source: cia.gov.

Map of Jamaica.
Source: cia.gov.

The official coat of arms of Jamaica.
Source: Wikipedia.org.

Doctor's Cave Beach Club, Montego Bay, Jamaica
Source: Wikipedia.org.

A busy street in Montigo Bay, Jamaica.
Source: Wikipedia.org.

Negril coastline, with the famous "7-Mile Beach" visible in the background.
Source: Wikipedia.org.

St. Jago de la Vega Cathedral i Spanish Town, Jamaica.
Source: Wikipedia.org.

Jamaican boy.
Source: flickr.com.

Hague Convention Information

Jamaica is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).

There are two types of adoptions in Jamaica - Adoption Licenses and Adoption Orders. An Adoption License allows a Jamaican citizen child to be taken to a "scheduled country" (in this case, the United States) and to be adopted in that country (in this case, the United States). Under Jamaican law, U.S. citizens residing in the United States who are not adopting a relative will only qualify for an Adoption License. An Adoption Order signifies the full and final adoption under Jamaican law and is only available to prospective adoptive parents who are Jamaican citizens or who reside in Jamaica. An Order legally replaces an original birth certificate, as it shows date of birth, (new) parentage, and (new) name. The child's Jamaican passport information may also be changed based on the new parentage and name.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Jamaica, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.

Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Jamaica:

Residency

Prospective adoptive parents seeking an Adoption License can generally expect to travel to Jamaica at least twice, once to meet with the Child Development Agency (CDA) and again to apply for a visa. However, they are not required to reside in Jamaica, nor are they required to attend the court hearing, though the judge can request their presence. Prospective adoptive parents seeking an Adoption Order are required by Jamaican law to reside with the child under the supervision of a local social worker for at least three months before the court will approve the full adoption. The court may waive the pre-adoption placement requirement if the prospective adoptive parents are Jamaican nationals adopting a relative.

Age of Adopting Parents

Prospective adoptive parents who are not related to the potential adopted child must be 25 years of age or older. If the child is a brother, sister, niece, or nephew of the prospective adoptive parent(s), at least one parent must be 18 years of age or older. There are no laws establishing a required age difference between the adoptee and the prospective adoptive parent when they are related.

Marriage

Both single individuals and married couples can adopt, though Jamaica does not recognize same-sex marriage. As such, a Jamaican court may not issue an Adoption Order or License to a same-sex couple.

Income

While there are no specific income requirements, prospective adoptive parents will have to provide documents relaying their financial status.

Other

Each potential adoption is evaluated on a case-by-case basis by the CDA and the Jamaican Adoption Board. Under Jamaican law, the CDA and the Jamaican Adoption Board have the authority to take prospective adoptive parents’ medical conditions into consideration when evaluating their eligibility to adopt. In practice, however, it is extremely rare for a prospective parent to be denied eligibility due to an existing medical condition.

Who Can Be Adopted

In addition to U.S. immigration requirements, Jamaica has specific requirements that a child must meet in order to be eligible for adoption. In all cases, the CDA will assess the child’s suitability for adoption by conducting visits to the child’s place of residence, as well as interviews and counseling with the child, the birth parents, if applicable, and the prospective adoptive parents.

Relinquishment: If the birth parents have not already relinquished their parental rights or had their rights separated by the state, Jamaica requires the child’s birth parents to provide consent before the adoption can be finalized.

Abandonment: None.

Age of Adoptive Child: Only children between the ages of six weeks and 18 years old are eligible for adoption.

Sibling Adoptions: The Jamaican Adoption of Children Act does not include any provision prioritizing sibling placement in order to preserve sibling unity. However, the CDA and the Adoption Board are concerned about child welfare and are willing to work with prospective adoptive parents to ensure that siblings are placed together.

Special Needs or Medical Conditions: Each child must undergo a medical examination in Jamaica by a registered Jamaican medical practitioner before the Adoption Order or License can be approved. This is separate from the medical examination the child must undergo prior to obtaining an immigrant visa.

Waiting Period or Foster Care: None.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when this becomes possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to their child(ren)’s adoption.

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information