Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698069453334.pdf (Guyana)
I assent.

BRITISH GUIANA.

G��� f March, 1955 ORDINANCE No.

12 OF 1905.

AN ORDINANCE to make provision Enacted by the Legislature 1.This Ordinance 1955. of British may be cited as the Adoption of children.

for the adoption - Guiana: of Children A.D. 195'5.

Short title.

Ordinance, 2.In this Ordinance means a person who is proposing order or otherwise; order" has the meaning assigned - to adopt or tion.
"adopter" who has adopted a child, whether in pursuance of an adoption "adoption 9 of this Ordinance; "child" who has never been married; ''court" means adoption means a person under the age of twenty-one orders under this Ordinance; to it by section years Interpreta- any court having jurisdiction to make No.

12] THE LAWS OF BRITISH GULA.NA [A.D. 1955 2 Cap.
141. to an illegitimate child, means to a child means a person appointed of the with the · provisions or by a court of competent jurisdiction, in relation "father" father; the natural in relation "guardian" by deed or will in accordance Infancy Ordinance, to be his guardian; "interim Ordinance; "prescribed" by rules under section Part II of this Ordinance, made bv the Governor in Council: "relative" means a grandparent, aunt whether of the full blood, affinity, - (a) where the adoption and includes order" means an order under section 14 of this in Part II of this Ordinance means ·prescribed 16 of this Ordinance, means prescribed and except in by regulations brother,.
sister, of the half-blood · uncle or or by order has been made in respect of the child or any other person under this Ordin­ of the ance, any person who would be a relative child within the meaning of this definition if the adopted person were the child of the adopter born in lawful wedlock; (b) where the child is illegitimate and any person who would be a relative within the meaning of this definition were the legitimate the father of the child of the child if the infant child of his mother and father.
CONSTITUTION PART I.

AND ADMINISTRATION.

3.

(1) For the purposes of this Ordinance there shall be Establish· ment of Adoption Board.

constituted referred six persons a Board to be called the Adoption to as "the Board") which shall consist to be appointed by the Governor.

of not more than Board (hereinafter (2)A member shall hold office for two years from the date of his appointment, ment.
but he shall be eligible for re-appoint­ (3)The Chairmun and the Deputy Chairman of the Board shall be appointed by the Governor.

at all meet­ the Deputy (4)The Chairman of the Board shall preside ings of the Board which he attends Chairman of the Board shall preside.

Chairman present shall elect one of their number to preside and the Deputy Chairman from a meeting, and.

in his absence, the members at the meeting.


In the absence of both the (5)The Chairman, the Deputy Chairman or other at any meeting of the Board shall have an member presiding original and a casting vote.

(6)At any meeting of the Board three members, includ­ ing the presiding member, shall form a quorum .
(7)The Governor may grant leave of absence to any member of the Board and may appoint any person to act in the place of any member of the Boarct in case of the absence or inability to act of such member.

(8)The Governor n1ent of any member of the Board.

may at any time revoke the appoint­ (9)The Board shall have the power to regulate its procedure.

A.D. 1955] ADOPTION OF CHILDREN [No.

12 3 (10)The Board may appoint to the Board and by such Secretary.
Secretary performed a fit and proper person to be may determine the duties to be (11)The Board may appear and be represented at any or by any in a court by the Secretary stage of the proceedings person generally authorised 4.

(1) It shall not be lawful for any person other than the Restriction or specially by the Board.

Board to make arrangements for the adoption of a child.
on making arrange- or control (2)If any person takes part in arranging of a body of persons in the management Board which exists wholly or in part for the purpose ?.rrangements offence and shall, fine not exceeding term not exceeding ment.

on summary conviction one thousand six months or to both such fine and imprison- of an children be liable to a for a he shall be guilty thereof, or to imprisonment an adoption other than the the adop­ of making tio_n of .
for the adoption of children or ments for dollars (3)For the purposes of this Ordinance, for the adoption of the child, a person shall be of a child if he, enters into or makes for, or for facilitating, deemed to make arrangements not being the parent or guardian any agreement or arrangement of the child by any other person, whether in pursuance or takes part in any negotiations the conclusion ment therefor, of any agreement or if he causes another 5.It shall be the duty of the Board - of an adoption order or otherwise, so to do.
of which the purpose or the making of any arrange­ is or if he initiates or effect the adoption is effected, the adoption Duties of and Board· (a)to receive adopters of the adoption (b)to make such investigations in respect concerning of children; the adoption applications from parents, guardians of children be prescribed; for the consideration of the court as may (c) to act as guardian ad litem of any child in respect of whom an adoption order is sought.

6.
6.

(1) Where arrangements are made by the Board for the Provisions of a child, adoption order in respect until the expiration which the child is delivered adopter period - relating to an application to the court for an adoption arrafgt of the child shall not be made by the adopter of a period of six months from the date upon �;�J.
into the care and possession of the and at any time during that to the arrangements pursuant Y (a)the adopter of his intention may give notice in writing not to adopt the child; (b) the Board may cause notice in writing to the Board or to be given not to allow the child to the adopter to remain in the care and possession notice is so given, of its intention within seven days and where a of the date on which the notice was given, cause the child to be returned the child ac­ to the Board, and the Board shall receive cordingly.
the adopter shall, (2)The Board shall appoint whose one or more persons during the duty shall be to keep the child under close supervision said period of six months in accordance with regulations made under this Ordinance.

of the adopter, No.
12] 4 THE LAWS OF BRITISH GU.TANA [A.D. 1955 the adopter of the said period of six months, (3)If, at the expiration no notice has been given as aforesaid, shall within three months from the date upon which that period so expired apply to the court for an adoption shall give notice in writing apply for such an order, and, where notice is so given or where an application fused by the court, within seven days of the date on which the notice was given or of the date upon which the application returned cordingly.
as the case may be, cause the child to be the child ac­ of the child or not to to the Board of his intention to the Board, and the Board shall receive order in respect shall, for an adoption order in respect is so refused, of the child is re­ the adopter (4)Any person who contravenes any of the provisions of thereof, an offence and shall, or to imprisonment shall be guilty of be liable this section conviction dollars or to both such fine and imprisonment, the offender is convicted the offence is committed or to the Board.
to a fine not exceeding for a term not exceeding on summary five hundred six months and the court by which may order any child in respect to be returned to his parents of whom or guardian by 7.

Where any person has made representations to the Board and the Board is of .the not Appeals persons de-with a view to the adoption sirous.

of opinion that the adoption ad?p tmg be in the best interests chil ren.
person accordingly, d the Board shall notify such of the child by such person would and such person may appeal from the decision " of the child, of a child, of the Board to a Judge of the Supreme Court in a summary way.

order is of whom an adoption School or of an Industrial of 8.

Where the child in respect Release inm ate of sought is an inmate of the Government certain institution for schools dinance, Pt�T�'; f 0 and conducted a op 1 · tory Schools of Industrial No.
1} under the provisions Ordinance, 1931, or of an industrial named by the court under 193 · School or the manager of the institution the superintendent of the Government so named hy the Juvenile or reformatory of the Industrial school established and Reforma­ Offenders Or­ the court or the managing director of the industrial of the Governor, Cap.

192.school may, with the consent c 193 ing anything ap.
· School Ordinance of nile Offenders Juvenile �£°'1t'44�f 2 of the Juvenile contained Ordinance, Offenders or in sections pectively, or in section i1a/1 15A or in section inserted 1931, as 15B of the Juve- by section 1944, and by section 2 of the Offenders (Amendment) (Amendment) Ordinance, 1952, res- and Refor­ 16, 17 and 18 of the Industrial_ the un- as the case may be, sanct10n Ordinance, Ordinance, in section 25 of the Government or reformatory and notwithstand­ Industrial release of the child from the school for the purposes of No.
16 of matory Schools 1952· conditional Cap.

192adoption.

PART' II ADOPTION ORDERS MAKING OF ADOPTION ORDERS to the provisions Power to make a doption orders.

9.

(1) Subject may, upon an application in the Colony, person domiciled referred adopt a child.
to as an adoption made in the prescribed of this Ordinance, manner by a the court make an order (in this Ordinance the application order) authorising to of two spouses �.uthorising (2)An adoption order may be made on the application them jointly to adopt a child.

A.D. 195,5] 5 ADOPTION OF CHILDREN [No.

12 (3)An adoption the of a child by the mother or father of the child, order may be made authorising either adoption alone or jointly with her or his spouse.

10.
10.

(1) An adoption order shall not be made in respect h'ld 1 th 1· t · th f · · t 1 c 1 un es� e app 1can or, m · e case o a Jorn app 1cat10n, of the applicants- .

.

of a R t .

t· es nc 10n one on mak- in_g adop- years and is tion orders.

( a)has attained at least twenty-one the age of twenty-five or years older than the child; and is a rela- the age of twenty-one (b)has attained tive of the child; or (c)is the mother or father of the child.
(2)An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant unless the court is satisfied which justify order.

that there are special as an exceptional measure the making of an adoption who is a male, circumstances (3)Except as provided by subsection (2) of section 9 order shall not be made authorising of this Ordinance, more than one person to adopt an infant.
to the provisions (4)Subject an adoption ance the adoption order shall not be made- of section 11 of this Ordin­ ( a)in any case, except with the consent of every person or body who is a parent or guardian the child or who is liable or agreement the child; by virtue of any order to contribute to the maintenance of of (b)on the application of one of two spouses, except (5) An adoption with the consent of the other spouse.

order shall not be made unless both the applicant and the child reside in the Colony.
(6)An adoption order shall not be made in respect of a child unless- ( a)the child has been continuously in the care and of the applicant months immediately preceding the date for at least three con­ possession secutive of the order; and (b)the applicant has, at least three months before the date of the order, notified intention pect of the child.

to apply for an adoption the Board of his order in res­ 11.
(1) The court may dispense (a) of subsection (4) of section with any consent required 10 of this Ordinance Consent to adoption.
by paragraph if it is satisfied- (a)in the case of a parent or guardian neglected that he has abandoned, ill-treated the child; (b)in the case of a person liable by virtue of an of the child, or persistently order or agreement ance of the child, lected or refused to contribute that he has persistently so to contribute; to the mainten­ neg­ (c)in any case, that the person whose consent is required ing his consent ably withheld.
cannot be found or is incapable of giv­ or that his consent is unreason­ spouse of an applicant (2)The Court may dispe1�se with t_he c�nsent of the order if satisfied for an adoption that the No.

12] THE LAWS OF BRITISH GUIANA [A.D. 1955 6 person whose consent incapable and are living apart and that the separation manent.
of giving the consent is tQ be dispensed or that the spouses have separated is likely to be per­ with cannot be found or is with respect of any person to the making of an adop­ of an application (3)The consent tion order in pursuance of the child) may be given (either ditions is to be brought up) without knowing the identity for the order; and where consent so given by any person is sub­ sequently on the ground only that he does not know the identity the purposes (not being the consent or subject in which the child his consent shall be deemed for to be unreasonably of the applicant, conditionally to the religious persuasion withheld.
withdrawn to con­ of the applicant of this section (4)While an application for an adoption order in respect his consent to the making of an adoption of a child is pending in any court, any parent or guardian child who has signified order in pursuance of the application shall not be entitled, with the leave of the court to remove the child from the care and possession whether to grant or refuse such leave the court shall have regard to the welfare of the child.
and in considering of the applicant; except of the Evidence of consent of parent or guard­ ian.

12.
(1) Where any person whose consent to the making of (a) of subsection (3) of this section, by paragraph does not attend in the proceedings an adoption order is required of section 10 of this Ordinance for the purpose of giving it, then, subject section the making of such an order shall, the order is to be made is named in the document or (where the identity party) is distinguished evidence or after the commencement of that person is not known to the consenting therein of that consent, a document signifying whether the document manner, be admissible is executed if the person in whose favour in the prescribed as before to the provisions of sub­ his consent to (4) of the proceedings.
(2)Where any such document is attested outside the peace (or, if executed any such class as may be prescribed), admissible as aforesaid the person by whom it is executed; subsection , a document be deemed to be so attested, the date and at the place specified proved.
to be attested and to be executed therein, without further purporting of this as aforesaid shall and attested on unless the contrary is of the Colony, by a person of the document shall be of proof of the signature and for the purposes by a justice of (3)A document a child shall not be admissible signifying the consent of the mother of under this section unless - Functions 13.

( 1) of court as satisfied_ to adoption ;,rders.


(a)the child is at least six weeks old on the date (b)the document is attested of the execution of the document; and on that date by a of the peace or, as the case may be, by a justice person of a class prescribed ol subsection (2) of this section.
The court before making an adoption order shall be for the purposes (a)that every person whose consent is necessary under this Ordinance dispensed stands the nature and effect of the adoption with has consented and whose consent is not to and under­ A.D. 1955] 7 ADOPTION OF CHILDREN [No.
12 order for which application cular in the case of any parent understands the effect ently to deprive him or her of his or her parental is made, in parti­ that order will be perman­ of the adoption rights; (b) that the order if made will be for the welfare due consideration of the infant, purpose given to the reli.gious the parties having regard to the age and understanding the child; and to the wishes of the child, denomination being for this of of (c)that the applicant has not received and that no person has made or given, receive, or agreed to make ,or give to the app,licant, payment or other reward in consideration except such as the court may the adoption sanction.
(2)The court in an adoption order may impose such or agreed to any of terms and conditions may require child such provision and expedient.

as the court may think fit, and in particular the adopter by bond or otherwise (if any) as in the opinion to make for the of the court is just of this section, the court Inierfm order, postpone the or eis.

14.
14.

(1) Subject to the provisions for an adoption of the application may, upon any application determination custody of the child to the applicant two years by way of a probationary for the maintenance regards provision vision of the welfare think fit.
and make an interim order giving for a period not exceeding period upon such terms as and education and super- of the child and otherwise as the court may (2)All such consents as are required to an adoption order shall be necessary power on the part of the court to dispense to an interim order but subject to a like with any such consent.

(3)An interim order shall not be made in any case where the making of an adoption subsection (6) of section 10 of this Ordinance.
order would be unlawful by virtue of adoption (4)An interim order shall not be deemed to be an order within the meaning of this Ordinance.

15.

(1) An adoption order on an interim order may be made A�opt�on in respect of a child who has already been the subject of an �!s;�ctof adoption infants to an application adopted.

(2) In relation of such a child, order under this Ordinance.
under the previous for an adoption or adopters the adopter order in previously respect or last previous or parents adoption of the child for all the purposes order shall be deemed to be the parent of this Ordinance.

16.

(1) An application for an adoption order may be made [i�s��cd 1o the Supreme Court or, at the option of the applicant, of which within the jurisdiction court of summary jurisdiction at the date of the appli- either the applicant order.
cation for the adoption or the child resides (2)Rules in regard to any matter to be prescribed under to any procedure.

this Part of this Ordinance of procedure this Ordinance and incidental and for carrying and dealing generally with all matters matters arising out of this Part of into this Part of this Ordinance No.

12] THE LAWS OF BRITISH GUIANA [A.D. 1955 8 Cap.

10. effect shall be made in like manner as rules may be made under and for the purposes Ordin­ ance.
of the Supreme Court of Judicature (3)Such rules may provide orders being heard and determined and where the application diction, juvenile Offenders Ordinance, for the hearing and determination court within the meaning of section otherwise 1931. for applications for adoption than in open court, is made to a court of summary juris­ of the application in 3 'of the Juvenile a (4)For the purpose of any application for an adoption No.
11 of 1931. order, the Board shall act as guardian the hearing of the application interests of the child before the court.

ad litem of the child upon with the duty of safeguarding the EFFECTS OF ADOPTION ORDERS Ri_g-hts and 17.

(1) Upon an adoption duties of duties, parents .

ian or guardians an\capaci-custody, and education :ariy.
ing all rights to appoint a guardian maintenance obligations and liabilities of the adopted child, in relation to the future of the adopted child, includ­ or to consent or give notice order being made, of the parent or parents, all rights, guard­ of the liability and all such rights, shall vest in and be exercisable against and liabilities shall be extinguished, of marriage obligations of dissent duties, by and enforceable child was a child born to the adopter in lawful wedlock, and in respect of a child to maintain adopter in lawful wedlock: Provided of the same matters and in respect the adopted child shall stand to the in the position exclusively its parents the adopter as though the adopted of a child born to the adopter that in any case where two spouses are the adopt­ of the matters aforesaid ers, such spouses shall in respect for the purpose of the jurisdiction as to the custody and maintenance stand to each other children relation as they would have stood if they had been the lawful father and mother of the adopted child, and the adopted child shall stand to them respectively as a child would have stood to a lawful father and mother respectively.
of any court to make orders of and right of access to and to the adopted child in the same in the same relation and an (2)For the purpose of the law relating to marriage, adopter and the person whom he has been authorised to adopt under an adoption degrees of consanguinity; hibited section shall continue person other than the adopter to adopt the same child.
order shall be deemed to be within the pro­ of this sub­ that some to have effect notwithstanding by a subsequent order and the provisions is authorised Industrial Insurance, etc.

Cap.

214.

18.
Cap.

214.

18.

(1) For the purposes of the Friendly Societies Ordin­ ance which enable societies to whom money may be and which restrict expenses the age of ten years, an paid on the death of a child under adopter shall be deemed to be the p�rent of the child whom he is authorised to insure money to be paid for funeral the persons to adopt under an adopt10n order.
order in (2) Where, before the making of an adoption has been effected by the of a child, any such insurance parent of the child, the rights and liabilities under the to the respect natural policy shall by virtue of the adoption adopter and the adopter shall, actments, be treated for the purposes as the person who took out the policy.

order be transferred of the said en­ A..D. 1955] ADOPTION OF CHILDREN [No.
12 9 (3:) Any child adopted under the provisions of this Ordinance the purposes be the lawful child of the deceased shall, upon the death of the adopter, be deemed for of the Widows and Orphans Pension Ordinance, to adopter.

Benefits under Widows and Or­ phans Pen­ sion Ordi­ nance.

Cap.

207 Affiliation orders.

then, subject order with respect 19.


(1) Where an adoption child who is illegitimate, section, any affiliation agreement make payments to have effect, but without prejudice rears which are due under the order or agreement the adoption order is made in respect to the provisions to the child, and any to whereby the father of the child has undertaken for the benefit of the child, shall cease of any ar­ at the date of to the recovery specially order.
of this of a (2)Where a child to whom any such order or agree­ ment as aforesaid relates is a single woman, the order or agreement effect by virtue of the foregoing the adoption quently marries.

(3)Where an adoption is adopted by his mother, and the mother subsection shall not cease to have upon the making of order, but shall cease to have effect if she subse­ child committed order in force under the Juvenile last mentioned order shall cease to have effect.
to the care of a. fit person or institution order is made in respect of a by an 1931, the Offenders Ordinance, No.

11 of 1931.

Intestacies and wills.

20.

(1) Where, at any time after the making of the adop­ tion order, the adopter or the adopted person or anY other person dies intestate that property were the child of the adopter born in lawful wedlock and were not the child of any other person.
(2)In any disposition in respe"Ct shall devolve in all respects of any movable or immovable as if the adopted person of movable or immovable pro­ inter vivas or by will (in­ perty made, whether by instrument cluding after the date of an adoption codicil), property, (a)anY reference (whether order - express, or implied) to of the adopter shall, unless the child or children the contrary or as including, intention appears, a reference to (whether ex.press -be construed as, to the adopted person; or implied) (b)any reference person; (c)any reference and of the adopted person's the child or children natural parents or either of them, shall, unless the contrary appears, not being, or ar; not including, .adopted a reference intention be construed as to the or implied) (whether express to a to the adopted person in any ap­ person related degree shall, unless the contrary pears, be construed as a reference who would be related were the child of the adop1ter lock and were not the chiid of any other person.
to him in that.

degree if he born in lawful wed­ intention to the person ceased Persons Estates' tion of any property tions.

(3)For the purposes of the application of the De­ Administration to the devolu­ of subsec­ of the con Ordinance, with the provisions (1) and (2) of this section, and for the purposes in accordance Cap.

149 No.

12] TI-IE LAWS OF BRITISH GUIANA [A.D. 1955 10 of any such disposition struction tions, an adopted per.
;;on shall be deemed to be related other person being the child or adopted child of the adopter or of either of the adopters (in the case of .a joint adoption) as is mentioned in those subsec­ to ;.my - (a)where he or she was adopted.

by two spcus�s jointly, .and that other person is the chi1d or adopted child of both of them, as brother or sis­ ter of the whole blood; (b)in any other case, as brother or sister of the half-blood.
(4)Notwithstanding executed any rule of law, a disposition made before the date of an adoption order (11) and (2) of of subsections for the p1Urposes by will or codicil shall not be treated this section or codicil as made .after is confirmed by a codicil executed the will that date by reason only that after that date.
in subsections (1) and may con­ to or among without having ascertained thal no is or property representatives and shall not be liable io thereto any movable or immovable (5)Notwithstanding anything or personal (2') of this section, trustees vey or d!stribute the persons entitled adoption may be entitled any such person of whose time of the conveyanc section shall prejudice the property, or any property c:ny person, other than a purchaser, to any interest therein, claim they have not had notice at the but nothing in this sub­ e or distribution; the right of any such person to follow representing it, into the hands of it.
who may have received order has been made by virtue of which any person (6)Where an adoption order is made in respect of a adopted, for the purposes person who has been previously shall be disregarded tions (1) and (2) of this section i.:,roperty of the subsequent t;on of property Citizen-21.Where an adoption ship.

who is not a citizen made after that date.


in relation on the death of a person dying adoption order the previous of the provision<; of date after the to any disoosi­ to the devolution intestate of subsec­ of a child order is made in respect of the United Kingdom and Colonies, and in relation adoption then, if the adopter, or in the case of a joint adoption is a citizen be a citizen date of the order.
of the United Kingdom and Colonies, of the United Kingdom and Colonies the male adopter, the child shall as from the , Provisio:r:is 22.

Where at the date of the commencement i�g adoptions.
tained and educated 1 ;;� ance any infant is in the custody of, and being brought up, main­ by any person or two spouses jointly of this Ordin­ ti/l'a as his, and has for and been so brought up, maintained an.ct of such persons or her or their own infant under any de Ja,cto adoption, a period of not less than two years before such commencement been in such custody, educated, spouses, an adoption child without requiring the child to be obtained, upon Board that equitable should be required the court may, upon the application and notwithstanding order authorising the consent that the applicant is male make him, her or them to adopt the of by the of the case it is just and and for the welfare of the infant that no such consent in all the circumstances of any parent or guardian and that an adoption after inquiry order should be made.
being satisfied and maintain Adopted Children Register, to be Register A.D. 1955] ADOPTION OF CHILDREN [No.

12 11 _23.

(1) The_ Registrar REGISTRATION OF ADOPTION ORDERS General shall establish �t his ?ffice a register, m which shall be made such entries made therein by adoption to be called the Adopted Children .

as may bE directed but no other entries.
orders, (2)A certified if purporting any further of the adoption copy of any entry in the Adopted Child­ to be signed by the Registrar General or other proof of entry, be received as the entry ren Register shall, without evide1;1ce contams a record of the date or the country of the birth of the adopted of that date or country a certified copy of any entry in the Register shall also be received in all respects as aforesaid as if the copy were to which it relates and, where as evidence of Births.
person, (3)The Registrar General shall cause an index of the to be made and kept in his office, and to search such index and to have Register to the same terms, conditions in and copy of any entry in the Adopted Children Register upon, aiid subject as to payment of fees and otherwise Adopted Children every person shall be entitled a certified all respects regulations under the Registration other Ordinance, and deaths kept in the office of the Registrar respect of the supply from such office of certified in the Registers of Births and Deaths.
of searches in respect in indexes to births relating General, and in copies of entries as are applicable of Births and Deaths Ordinance, or any Cap.
139. of births which has been marked to this Ordinance and any corresponding Register, but the registers shall not be nor shall any index and (4)The Registrar General shall, in addition to the and books, and make such entries to record and make traceable keep such other therein as may be the connection between and the index thereof, Register Adopted Children registers necessary, any entry in the register "adopted" pursuant entry in the Adopted Children books kept under this subsection thereof an order of a court of competent General furnish or with any copy or extract (5)Regulations be open to public inspection or search, jurisdiction, any person with any information from any such registers made by the Registrar nor, except under ' shall the Registrar contained or books.
_ in General under may make pro-Cap.

139. of Births an<l Deaths Ordinance the Registration vision as to the duties to be performed trars and registrars Ordinance.

of births and deaths in the execution regis- of this by superintendent the particulars 24.

(1) Every adoption General order shall contain to make in the Adopted Children the Registrar an entry in the form set out in the Schedule and shall specify in columns (3) to (7) of that Schedule.
(2)For the purposes - date of the child's not proved to the satisfaction the court shall determine the probable date of his birth and the date so determined shall be specified (1) of this section (a)where the precise ments of subsection a direction tion (?f Register adoptions.
to this Ordinance Schedule under the headings with the require- in the order as the date of his birth; birth is of the court, of compliance to be entered (b)where the names or surnames fant is to bear after the adoption his original which the in­ differs from name or surname the new name to Registra­ -------------- ---------------------- No.
12] THE LAWS OF BRITISH GUIANA [A.D. 1955 12 or surname shall be specified instead of the original; in the order and where the country of birth of the child is not proved to the satisfaction of that country may, not­ withstanding be omitted from the order and from the entry in the Adopted Children of the court, the particulars in that subsection, anything Register.
(3)Where upon any application to a court for an of a child (not being a child who has of an adoption order in respect been the subject adoption previously under this Ordinance) c:ourt the identity the Registers suance of the application General to cause the entry in the Registers with the word "Adopted".
of Births relates, shall contain there is proved to the satisfaction of the of the child with a child to whom an entry in any adoption order made in pur­ order made by a court of Birth to be marked a direction to the Registrar (4)Where an adoption respect of a child who has previously adoption order shall contain the previous with the word "Re-adopted".
order made by such a court under this Ordinance, General to cause to be marked order is made by a court in been the subject of an entry in the Adopted Children to the Registrar a direction Register the (5)Where an adoption order is made by a court, the officer of the court shall cause the order to be com­ in the prescribed prescribed municated upon receipt cause compliance order both in regard to marking any entry in the Registers Births with the word "Adopted" propriate the Registrar to be made with the directions and in regard to making the ap­ Register.
General, General shall contained in the of entry in the Adopted Children of such communication manner to the Registrar and 25.
(1) The court by which an adoption order has been Amend- ment of made under this Ordinance ord_ers and or of the adopted person, satisfa<:tion any error in the particulars e s - adoption gi ftrsR · may, on the application of the adopter amend the order by the correction of and where an named therein, order is so amended, the prescribed officer of the court to be communicated in the prescribed shall cause the amendment manner to the Registrar of or addition accordingly.
to the Adopted Children General; and any necessary Register shall be made correction (2) Where an adoption against an adoption order shall give directions marking of any entry in the Registers may be, in the Register Children order is allowed, of Births, Register to the Registrar order is quashed or an appeal the court which made the General to cancel any of Births or, as the case which was effected in pursuance of the order.
and any entry in the Adopted (3) A copy or extract of an entry in any register being .,an entry the marking, shall be deemed to be an accurate marking and the cancellation copy if and only if hoth the are omitted therefrom.

of which is cancelled under this section, PART III MISCELLANEOUS AND GENERAL Prohibition of certain parent or guardian payments.

receive Z·6.
receive Z·6.

(1) It shall not be lawful for any adopter or for any o_f th� cou�t to except with the �anction of the any payment or other reward m cons1derat10n A.D. 1955] 13 ADOPTION OF CHILDHEN [No.

12 adoption of any child under this Ordinance person to make or give or agree to make or give to any adopter or to any parent or guardian any such payment or reward.
or for any (2)Any person who contravene s any of the provisions (1) of this section shall, on summary conviction of subsection thereof, to imprisonment rnch fine and imprisonment.

be liable to a fine not exceeding for a term not exceeding one thousand dollars six months or to both or 27.

(1) It shall not be ]awful for any advertisement to be Restrict-- published - indicating (a)that the parent or o-uardian of a child desires .
o to cause the child to be adopted; or (b)that a person desires (c)that any person (not being the Board) is will­ to adopt a child; or ing to make arrangements a child.

for the adoption of (2)Any person who causes to be published or knowingly an advertisement publishes this section shall, fine not exceeding ment for a term not exceeding on summary conviction two hundred and fifty do�lars in contravention six months.
of the provisions of be liable to a thereof, or to imprison­ ions UJ?On advertise- ments 28.

(1) It shall not be lawful for any person, in connection Restriction made for the adoption with any arrangements subject a British to permit, possession of the child to be transferr�d British is resident or the guardian or a relative subject abroad.

or to cause or procure, the care and �t��d:��or of a child who is on_ sending to a person who is not a adoption.
of the child and who (2)It shall not be lawful for any person, as aforesaid, to permit, of such a child as, aforesa�d in connection or to cause the care and possession with any such arrangements c,r procure, 1o be transferred abroad and who is not the guardian unless a licence section 29 of this Ordinance.
(3)Any person who contravenes has been granted in respect of the child under to a person who is a British subject resident or a relative of the child, any of the provisions of this section not exceeding for a term not exceeding prisonment.
shall, on summary conviction, two hundred and fifty dollars be liable to-a fine or to imprisonment six months or to both such fine and im­ (4)In any proceedings under this section, consular officer or a deposition officer and authenticated by a British consular officer shall, upon proof that the officer or deponent found in the Colony, be admissible be necessary to prove the signature person who appears in evidence, or official character cannot be and it shall not of the under the signature to have signed any such report or deposition.
of that a report made mad� be:fore a British 29.

(1) A licensing authority may g.rant a licence in the prescribed section to such conditions fit, authorising tion arrangements ish subject resident abroad.

and restrictions the care and possession as the licensing within the meaning of this Licence send child a op ion.
thinks agro�?- for form, and subject authorit� of a child for whose adop- to a Brit- to have been made to be transfeaed licence (2)Subject to the provisions shall be granted unless the licensing no such - authority of this section No.
12] THE LAWS OF BRITISH GUIANA [A.D. 1955 14 (a)is satisfied that the application is made by or of every person or body who with the consent is a parent or guardian or who has the actual custody of the child, or who is liable to contribute to the support of the child; and (b) is satisfied of the child in question, consular to be transferred to be trustworthy by a report of a British any other person who appears to the licensing authority that the person to of the child is whom the care and possession is a suitable person proposed to be entrusted and that the trans­ fer is likely to be for the welfare of the child, due consideration to the wishes of the child, age and understanding authority of the child.
may dispense being for this purpose given having regard to the therewith, or (a) of subsection with any con­ (2) of this sectbn (3) The licensing by paragraph sent required if satisfied has abandoned incapable tribute or refused to contribute sent ought, in the opinion the circumstances to the support that the p£rson whose consent is to be dispensed with the child or cannot be found or is• o·r deserted of giving such consent or, being a person liable to con­ of the child, either has persistently neglected to such support or is a person whose con­ of the licensing authority and in all of the case, to be dispensed with.
(4) Where a licensing the authority authority may authorise this section, by any person of any payments in consideration of the care and possession licence of the child in respect is granted.

(5)The Governor in Council may make rules with to the application for aDd grant of licences grants a licence the making or receipt of the transfer of whom the under this under respect section.
under this section, a report by a (6)In any proceedings consular officer or a deposition upon proof that the officer or deponent British sular officer and authenticated shall, the Colony, be admissible sary to ,prove the signature of the person who appears to have signed any such report or deposition.
the licensing in evidence, or official character under the signature con­ made before a British cannot be found in of this section and it shall not be neces­ of that officer (7)For the purposes ties shall be any magistrate and the powers conferred shall in every case be exer-cisable said.

by this section of the Georgetown Judicial in a licensing by any such magistrate authori­ District, authority as afore­ Offences.

30.Proceedings may be for qn offence tmder this Ordinance taken by the Board.
Serving not.ices.

of 31.Any notice under this Ordinance may be served by post.

Tiegula­ tions.

32.

(1) The (a) Governor for regulating in Council may make regulations th2 conduct of negotiations - �n­ tered into, by or on behalf of the Board with 1)£rsons having the care and possession of A.D. 1955] ADOPTION OF CHILDREN [No.
J2 15 children who are desirous to be adopted ,and in particular (i)that, where the parent or guardian for securing- of a child of causing children\ of with a memo� to place the child at the disposition proposes the Board with a view to the child being adopted, he shall be furnished randum in the pi·escribed ordinary language his rights as a parent or guardian, ing of an adoption and ,calling Ordinance lating to the consent of a parent or gm•.rdian to the making of such an order, and to of the mak­ of the child, , 0£ this to the provisions re­ the effect, in relation and of any rules made hereunder order in respect attention form explaining in (ii) that, before so placing the child at the dis­ of the Board, the parent or guardian position shall sign a document in the prescribed verifying said memorandum; that he has read and understood the form (b) for requirin§ that the case of every child pro­ by or on behalf of the posed to be delivered Board into the care and possession adopter be called a "case commit.tee") less than three members of the Board; by 3 committee (to comprised of not shall be considered of an (c) for prescribing, in the case of every such child to the child and the adopter the inquiries which must be made which must be obtained by the as afornsaid, and the reports Board in relation for the purpose of ensuring, the suitability respectively, that a report on the health of the -�hild and pros­ pect.ive medical practitioner Board· and, in particular, must be obtained by the of the child and the
 adopter adopter signed by a duly qualified so far as may be, for requiring (d) for s�curing that no such child shall be de- of an livered into the care and possession adopter by or on behalf of the Board until the adopter has been interviewed mittee or by some person on their behalf, a representative any premises adopter intends that the child should reside permanently, sidered of the committee in the Colony in which the and until the committee reports; for the care and super­ by the case cc-m­ until the prescribed has inspected have con­ (e) for making provision vision of children their parents the Board; who have been placed by or guardians at the disposition of (f)for prescribing anything quired to be prescribed Ordinance, this Ordinance; is required ,vhich, save as is re1.. under section to be prescribed 16 of this under No.
12] THE LAWS OF BRITISH GUIANA [A.D. 1955 16; (g)generally Ordinance.

for carrying out the p,urposes oi this (2)Any person who contravenes of a regulation or fails to comply with any made under this section be liabl� to a fine not exceeding shall, two hundred on of the provisions summary conviction, �nd fifty dollars months.

or to imprisonment for a term not exceeding six Commence- 33.This Ordinance ment.
the Governor shall appoint shall come into operation by Proclamation on such day as in the published Gazette.

SCHEDULE Section 24 (1).

\ No.

of entry Date of entry Name of acioptec\ Sex of adopted child' child , Name an-d I 1 su1-.na'1ne Date and address an'd I ccuntry oz occupatio:i. birth of of adoplH child or ad•opter3 Date of adoption ord'er anc!i description oz court by which made Signature of officer dt:­ puted b. Registrar General to attest the e-ntr;y 'l <- ___ _ j (2l _ (3) (4) (�) (6) (7) (!))
Passed by the Legislative Council this twentv-fo·uTth ruary, ninetE.

'en .

lrnndred and fifty-five·.

(Leg.

Bill No.

1/1955).

l?�intetl by the Government printer� ai British Guiana • t