Practice Area

To qualify for an adoption order from the High Court of Justice of Saint Lucia you must either be:
(1) A citizen of Saint Lucia; or
(2) A person who has resided in Saint Lucia for at least 6 months before applying for an adoption; and
(3) At least 25 years old and more than 21 years older than the child, unless you are the child’s relative in which case you must be no less than 21 years old ; or
(4) You are a birth-parent of the child.
(5) Unless you are the parent or relative of the child that child must have been in your continuous care and possession for at least 3 months before the adoption hearing

The application may be made by a married couple in their joint names, or it may be made by the birth-parent of the child either singly or jointly with his or her spouse.
BARS TO THE MAKING OF AN ADOPTION ORDER
The court will not make an order of adoption:
(in the case of an individual application)
(1) If you are male and the child is female, except in exceptional circumstances;
(2) Unless you are 25 years or older and at least 21 years older than the child;
(3) If you are a relative of the child, unless you are at least 21 years old; or
(4) Unless you are the mother or father of the child.
(in the case of a joint application)
(1) Unless one of you is 25 years or older and at least 21 years older than the child;
(1) Unless one of you is at least 21 years old and related to the child; or
(2) Unless one of you is the birth-parent of the child.

If you are not a relative of the child or a Saint Lucia citizen you and the child must be resident in Saint Lucia.

A relative is a grandparent, brother, sister, uncle or aunt of the child.

You cannot adopt a child unless his parents consent. If someone has previously agreed or has been ordered by a court to maintain the child you must obtain the consent of that individual.

If you are married, but your spouse is not applying with you, you must obtain your spouse’s consent.

The court has the power to dispense with consent if the person whose consent is required cannot be found, or is incapable of consenting or is unreasonably withholding consent. The court may also dispense with the consent of a parent who has willfully neglected the child.

If you are married and cannot get your spouse to consent the court may also dispense with that consent if your spouse cannot be reached or if you are living apart from your spouse and the two of you are unlikely to resume cohabitation.

It is against the law of Saint Lucia for a Saint Lucian to cause or allow a child to be sent into the care and control of a non-Saint Lucian who is resident overseas.
The court may, however, grant a licence for a child to be released into the custody of a British subject resident abroad.

Obtain the following:

• 3 certified copies of your marriage certificate, (if you are married);
• 3 certified copies of the child’s birth certificate;
• A medical report from a registered medical practitioner in Saint Lucia as to the physical and mental health of the child;
• A medical report from a registered medical practitioner in Saint Lucia as to your physical and mental health (and that of your spouse, if you are married)
• 3 certified copies of your birth certificate (and that of your spouse, if you are applying jointly with your spouse)
• The consent of the parents of the child on the prescribed form, duly notarized.
• The consent of your spouse (if you are married, but applying singly), on the prescribed form, duly notarized

Ensure that:

If you are not a citizen of Saint Lucia you must be resident here for 6 months before you apply for the adoption; and
unless you are a parent or relative of the child, that the child lives with you for a continuous period of 3 months before the date of the hearing.