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Govt. proposes inter-country adoption
Attorney General and Minister of Legal Affairs, Basil Williams, has tabled Bill No. 10 of 2019, the Adoption of Children (Amendment) Bill 2019, which will see Guyana assenting to a United Nations legal framework, governing the adoption of children, across borders.
Attorney General and Minister of Legal Affairs, Basil Williams
The Bill, which is slated to be introduced in the National Assembly was published as an Extraordinary Gazette, dated July 8, 2019.
The purpose of the amendment is to give the force of law to the Hague Convention on Protection of Children and Co-operation in respect of Intercountry adoption, of May 29, 1993.
That convention gives effect to Article 21 of the United Nations Convention on the Rights of the Child by facilitating procedures and safeguards to the principles of the Convention on the Rights of the Child.
The Convention on Protection of Children and Co-operation in respect of Intercountry Adoption states that states signatory to it recognise that “the child… should grow up in a family environment, in an atmosphere of happiness, love and understanding; that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin [and] that inter-country adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin.”
States signatory to the convention are “convinced of the necessity to take measures to ensure that inter-country adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children.”
The explanatory memorandum of Government’s amendment to the law states that the convention also establishes a system of cooperation between authorities in countries of origin and receiving countries which help to guarantee the best adoption practices and elimination of abuses.
Clause 2 of the Bill lays out the procedures to be followed for inter-country adoptions to occur, establishes that the convention has the force of law, and designates the Attorney General and Minister of Legal Affairs to be the Central Authority, detailing the extent of the Authority’s functions.
It should be noted that that Authority would have the power to accredit bodies to provide inter-country adoption services, subject to an application and vetting process.
The amendment sets out procedural requirements for the adoption of a child, and the effect and issuance of an adoption certificate.
It should be noted that inter-country adoptions will be allowed for States that are party to the Convention.
There are provisions for the recognition of an adoption certificate from a convention country. In this regard, the Attorney General’s office will have the option to write to the Court requesting permission to refuse recognition of an adoption.
In such cases, the Court may declare that it is satisfied that the adoption is not in-keeping with public policy, as it relates to a child’s best interests. The Attorney General’s office would also have to write to the Court, requesting a termination of the pre-existing legal parent-child relationship.
The AG’s Office would, if the amendment succeeds, maintain a Confidential Convention database.
The Central Authority and an accredited body will have the option to make partnership agreements with foreign countries and accredited adoption agencies.
It should be noted that, if this amendment is taken to Parliament, it will be debated in a contentious period, as Government and Opposition differ on whether any legislation should be passed by a “caretaker” government, as labeled by the Caribbean Court of Justice (CCJ) in its consequential orders on July 12, 2019.
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