Difference between revisions of "How to Adopt from Trinidad and Tobago"

Latest revision as of 04:56, 5 April 2015

A view of Parlatuvier Bay
Source: Wikipedia.org.

Adoption Authority

Trinidad and Tobago's Adoption Authority

The Process

The process for adopting a child from Trinidad and Tobago generally includes the following steps:

Choose an Adoption Service Provider
Apply to be Found Eligible to Adopt
Be Matched with a Child
Adopt the Child in Trinidad and Tobago
Apply for the Child to be Found Eligible for Adoption
Bring Your Child Home

1. Choose an Adoption Service Provider

In general, the first step in adopting a child is usually to select a licensed agency in the United States that can help with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. Learn more about choosing the right adoption service provider.

Laws in Trinidad and Tobago make it illegal for any local persons or local agencies other than the Adoption Board and or the Courts to facilitate adoptions. Where persons have a guardianship order, they may still apply for adoption of the child through an international adoption agency, but the Guardianship Order should also include that the child be sent abroad for adoption.

2. Apply to be Found Eligible to Adopt

To bring an adopted child from Trinidad and Tobago to the United States, you must apply to be found eligible to adopt (Form I-600A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn how. In addition to meeting the U.S. requirements for adoptive parents, you need to meet the requirements of Trinidad and Tobago as described in the Who Can Adopt section.

For adoptions where the prospective adoptive parents are not residing in Trinidad, an application must be made to the High Court for an adoption order. Local attorneys may be contacted to interpret local adoption laws. As stated before, there are two ways of gaining custody of a child from Trinidad and Tobago obtaining an Adoption Order or Legal Guardianship. These two options have two separate application processes.

Adoption Order: The local adoption process begins with the prospective adoptive parent(s) filing a formal application that can be obtained only from the Adoption Board. Prospective adoptive parents will have to appear in person in order to obtain these forms. However, if an Order is applied for through the Courts, the attorney drafts the legal documents after taking instruction from their clients and submitting medical reports to the Adoption Board. The Board may request additional documents depending on the circumstances of each case. Prospective adoptive parents will be made aware of additional requirements when they attend the initial interview with the Board. Once the process is initiated, the Board identifies children eligible for adoption.

Legal Guardianship: To gain legal guardianship, the prospective guardians should contact the Clerk of the Peace in their district. The Clerk of the Peace will arrange for the prospective guardian to fill out the necessary forms and will set a court date. The Probation Office, which works with and takes instructions from the court, will also require proof that the prospective guardians are deemed fit (International Social Services certification is acceptable) and investigate the appropriateness of the change in guardianship. All the information will be presented before the Magistrate and the court will make a final decision based on the recommendations from the Probation Office.

3. Be Matched with a Child

In general, if you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority will provide you with a referral to a child. Each family must decide for itself whether or not it will be able to meet the needs of a particular child and provide a permanent family placement for the referred child.

The child must be eligible to be adopted according to Trinidad and Tobago's requirements, as described in the Who Can be Adopted section. The child must also meet the definition of an orphan under U.S. law. Learn more.

Adoption Order Procedure: Children are typically are referred to the Board by children's homes and institutions. The Adoption Board confirms consent of the birth parent(s) or current guardian(s) to relinquish custody of the child. The Adoption Board will then grant temporary custody to the prospective adoptive parents. Meanwhile, the Welfare Officers in Trinidad and Tobago complete a home study report to ensure that the adoption will be beneficial to the child. The Adoption Board then reviews all the information and decides whether a probationary period can be granted to the prospective parents. The probationary period is a minimum of six months and is a requirement that must be completed in Trinidad and Tobago in order to bring the case before the courts. The Adoption Board may extend the probationary period if it feels more time is needed in the trial period. During this period the Adoption Board keeps a close supervision of the child and monitors the child's reactions to the new family. At any point during the probationary period, the Adoption Board may terminate the temporary custody if it feels that the child is in a harmful situation. Upon the completion of the probationary period, whether by notice of the Adoption Board or by its expiration, the prospective adoptive parents may apply to the court for an adoption order to finalize the adoption. Once the Court grants an adoption Order, the process is finalized.

Legal Guardianship: The court makes a final decision based on the recommendations from the Probation Office.

4. Adopt the Child (or Gain Legal Custody) in-country

The process for finalizing the adoption (or gaining legal custody) in Trinidad and Tobago generally includes the following: ##ROLE OF THE ADOPTION AUTHORITY: To obtain an Adoption Order in Trinidad and Tobago, prospective adoptive parents must contact the Adoption Board, which is the only organization authorized to process the application and make recommendations to the courts for legal adoptions. The Adoption Board is not responsible for legal guardianship cases.

Adoption Board

55-57 St. Vincent Street Port of Spain, Trinidad

ROLE OF THE COURT: To seek legal guardianship, the prospective guardians need to contact the Clerk of the Peace through the courts in Trinidad and Tobago.

ROLE OF ADOPTION AGENCIES: Laws in Trinidad and Tobago make it illegal for any local persons or local agencies other than the Adoption Board and or the Courts to facilitate adoptions. Where persons have a guardianship Order, they may still apply for adoption of the child through an international adoption agency, but the Guardianship Order should also include that the child be sent abroad for adoption.

ADOPTION APPLICATION: Adoption Order - The local adoption process begins with the prospective adoptive parent(s) filing a formal application that can be obtained only from the Adoption Board. Prospective adoptive parents will have to appear in person in order to obtain these forms. However, if an Order is applied for through the Courts, the attorney drafts the legal documents after taking instruction from their clients and submitting medical reports to the Adoption Board. The Board may request additional documents depending on the circumstances of each case. Legal Guardianship - To gain legal guardianship, prospective guardians should contact the Clerk of the Peace in their district. The Clerk of the Peace will arrange for the prospective guardian to fill out the necessary forms and will set a court date.

TIME FRAME: Adoption Orders take more than six months due to the Adoption Board's six-month probation period. Securing legal guardianship can take anywhere from one week to several months depending on the cooperation of the parties and the time availability of the courts.

ADOPTION FEES: Adoption in Trinidad and Tobago is free. Payment to anyone, other than an attorney for their legal services, is illegal.

DOCUMENTS REQUIRED FOR ADOPTION ORDER: Documents required include:

1. Original certified birth certificates of the prospective adoptive parents and child;

2. Certificate of successful immunization record of child issued by the Ministry of Health. (This is obtained from the medical clinics that provide immunization shots to the public. This card details all immunization records for individuals);

3. Result of blood test of the prospective adoptive parents and child;

4. Result of chest x-ray of the prospective adoptive parents and child;

5. Medical fitness examination conducted in Trinidad and Tobago for the prospective adoptive parents;

6. Original certified copy of the prospective adoptive parents' marriage certificate (if applicable);

7. Original certified death registration of the child's birth parents (if applicable) or consent from the child's birth parents. If the birth parents are alive, they must relinquish rights;

8. Photographs in color - one full length and one head and shoulders of applicant(s); and

9. Other general forms given by the Adoption Board.

DOCUMENTS REQUIRED FOR LEGAL GUARDIANSHIP: Documents required include:

1. Current valid photo ID of prospective guardian(s); and

2. Original or certified copy of birth certificate of applicants and the child. NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help. Learn how.

5. Apply for the Child to be Found Eligible for Adoption

After you finalize the adoption (or gain legal custody) in Trinidad and Tobago, the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) MUST determine whether the child is eligible under U.S. law to be adopted (Form I-600). Learn how.

6. Bring Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for several documents for your child before he or she can travel to the United States:

1. Birth Certificate

You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate.

2. Trinidad and Tobago Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Trinidad and Tobago.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S. Embassy for final review and approval of the child's I-600 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the "Panel Physician's" medical report on the child if it was not provided during the provisional approval stage. Learn more.

Applying for an Orphan Immigrant Visa at the U.S. Embassy in Port of Spain: The following documents are required:

1. Form I-600 or I-600A;

2. Electronic Birth Certificate of the child; As of 2005, computerized birth certificates are issued by the Trinidad Government;

3. Death certificate or affidavit of irrevocable relinquishment from the biological parent(s), if applicable;

4. Adoption Order or Court Order granting guardianship to adoptive parents;

5. Child's valid Trinidadian passport;

6. Medical Forms for the child;

7. Proof of ability to support child financially, including I-864, proof of job and salary, and latest tax statements;

8. Two passport photos of the child

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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