Adoption appeal separates Jamaican domicile from residence overseas

An aunt living in the United States succeeded in adopting SNF after the Court of Appeal overturned the refusal of her application. The orders, made on 29 May 2025, also allowed the child to leave Jamaica and made no award of costs. Written reasons were delivered on 30 October 2026.

The parish judge had found that the applicant was not domiciled in Jamaica and had not met the prescribed placement requirements. The appeal court distinguished residence from domicile: her continuing Jamaican home, connections and intention supported the conclusion that she retained her Jamaican domicile despite living and working abroad.

The court rejected the argument that a family arrangement bypasses Adoption Board involvement, and accepted that the required six-month probationary placement had not occurred. Nevertheless, uncontested evidence of prolonged care over several years and the child’s best interests justified the result in these particular circumstances. The aunt also needed no separate transfer licence under sections 23 and 24 because she was a relative. The court expressly warned that its decision created no precedent for disregarding the Act’s requirements.

Based on the complete official judgment, [2026] JMCA Civ 40. Orders were made on 29 May 2025; written reasons were delivered on 30 October 2026. The report preserves the court’s anonymised child label and omits unnecessary personal details. Subsequent appellate history and legislative changes have not been separately checked.