Building a Home Through Adoption in Belize
Jane and Mark tried for years to have a child. But when they met 4-year-old Jamal at a foster
home, something clicked. Today, James calls them “Mommy” and “Daddy,” and their home is
filled with laughter. This is the power of adoption—transforming not just a child’s life, but your
own. (Names changed for privacy.) Adoption in Belize is not as complicated as many assume. While it involves filing court documents, attending hearings, and possibly consulting government agencies, the process is manageable with the right guidance.
For many, adoption marks the start of a beautiful journey—an opportunity to give love,
stability, and family to a child in need. Whether the decision comes from infertility, personal
conviction, or a desire to help, adoption opens the door to new beginnings.
Legally, adoption is the process by which an adult or couple assumes full parental
responsibility for a child, granting the child the same legal status as a biological one. In
Belize, it is governed by the Families and Children Act (FCA), 2020, and the Adoption of
Children (Supreme Court) Rules, both centered on the best interest of the child.
Common concerns include eligibility, risks, and whether marital status affects the application.
While many believe only married couples can adopt, the law permits committed, stable
individuals—including those in common-law relationships—to do so. With proper information and support, the adoption process in Belize can be a rewarding path to building a family.
ARE WE ELIGIBLE TO ADOPT?
A person applying to adopt (whether alone or jointly) must be at least 25 years old and at
least 12 years older than the child.
There are restrictions to protect children—particularly female children—from being adopted
by a sole male applicant, unless the court is satisfied that special circumstances exist (e.g.,
the applicant is a relative or the child has a serious disability).
The current state of the law does not recognize common-law unions as valid for adoption
purposes. If a common couple desire to adopt a child, the mother will have to make the
application in her name.
Adoption may occur through two channels:
Private adoption, where the biological parent(s) willingly place the child for adoption.
State-assisted adoption, where the child is under the care of the Department of
Human Services, often as a ward of the State or in foster care.
In either case, consent is crucial. Consent must typically be given by:
The biological parent(s),
The child’s legal guardian, or
The Human Services Department (in the case of a ward of the State).
There are circumstances where consent may be dispensed with—such as in cases of
abandonment, neglect, inability to locate the parent or guardian, or death.
If the adopting party is a foreigner, additional documentation is required.
Throughout the process, the adopting parties will interact with several agencies, including
the Family Court, High Court of Belize, Department of Human Services, and in some
instances, the Immigration Department. However, the applicant need not concern
themselves with this, considering their Attorneys-at-Law will liaison with the respective
stakeholders in the process.
WHAT IS THE PROCESS LIKE FOR US?
Once the decision is made to adopt, the first legal step is to file an application in the High
Court of Belize. This application must also appoint a Guardian ad Litem, typically the
Department of Human Services, to represent the best interests of the child throughout the
process.
Prospective parents will need to submit a variety of documents, colloquially referred to by
locals as the “paperworks.” These include:
- Official identification of both applicants;
- Marriage certificate (if married);
- Child’s birth certificate;
- Last known address of the child;
- Consent from the spouse (if applicable);
- Consent from the Guardian ad Litem (Department of Human Services);
- Medical certificate confirming the child’s physical and mental health;
- Names and addresses of at least two references;
- Evidence of financial stability; and
- Police reports for both applicants.
These documents must be exhibited in an affidavit filed with the application. Truthfully, after
you provide your legal representative with the listed documents above including any further
information that is necessary to begin the process, your legal representative takes the
responsibility of moving the application forward from filing to finalizing the adoption order.
This should cause a sigh of relief.
Once the application is filed, the Department of Human Services will conduct a home study
to assess the living conditions and overall suitability of the prospective parents. This
assessment ensures that the home provides a safe and nurturing environment in keeping
with the child’s best interests. The Department will then prepare a Home Study Report and
a Social Inquiry Report. Both reports are relevant and crucial in the adoption process.
Once the Home Study and Social Inquiry reports are filed, the court will set a hearing
date—ideally within 14 days of receiving the report. However, this timeline may be extended
depending on the court’s schedule and other intervening circumstances. The Guardian ad
Litem must also be notified of the hearing date.
Notably, adoptive parents may request a name change for the child during the application
process. While the new name will appear in the court’s adoption order, the change must also
be formally registered at the Vital Statistics Unit of Belize.
If all documents are in order and the court is satisfied that adoption is in the child’s best
interest, an Adoption Order will be granted—marking the beginning of a new family chapter.
WHAT DOES ADOPTION MEAN FOR THE ADOPTED CHILD?
The effect of an adoption order is far-reaching. Once granted, the adopted child is treated as
though born to the adoptive parent(s) in lawful wedlock. This means, the child is entitled to
all rights and duties owed to or by a biological child, the child acquires the adoptive parents’
surname (if requested). Furthermore, the adoptive parents assume full responsibility for the
child’s maintenance, education, and upbringing.
Therefore, adoptions must be considered soberly and not a mere emotional undertaking to
fulfil a dream.
Additionally, the adopted child:
Is entitled to inherit from the adoptive parents in cases of intestacy (i.e., where no will
exists).
Retains rights to property or interests from the biological family if such rights existed
prior to the adoption.
Is obligated, under law, to care for and maintain adoptive parents should they
become infirm in old age.
Ultimately, the law ensures that adopted children are not second-class citizens within their
new families. They are fully integrated, protected, and loved—legally and emotionally.
WHERE DO WE GO FROM HERE?
While the legal process may seem complex, it is structured to safeguard the best interests of
children and to ensure that adoptive families are well-prepared and properly supported.
In Belize, the law provides a clear framework for families who are ready to open both their
homes and their hearts. For those considering adoption, know this: You are not just giving a
child a home—you are giving them a future. That future begins with getting over the fear of
the process and collecting the necessary documents to file your application.
Maybe your story is a little like Jane and Mark’s. For them, adopting Jamal was not just
about paperwork—it was the beginning of building the family they had always dreamed of.
Do not let the perceived complexity of adoption keep you from creating the home you have
envisioned.
Immanuel P.O. Williams is an Associate at Glenn D. Godfrey & Co. LLP. You can reach
him at immanuel@godfreylaw.net or visit godfreylaw.bz. This article is for general
information and not legal advice.