A GUIDE TO INTER-COUNTRY ADOPTION

"More than 200 Ugandan children are adopted by non-citizens annually.

The law on inter-country adoptions in Uganda sufficiently provides a legal process that protects our children while providing a route to a better life for them elsewhere in the world. This law must be followed to the dot!

We hope this article will guide prospective adoptive parents and inform indigenous families on the requirements of this process.”

Gay Amutuhaire. Managing Partner, Uniqus Advocates.

INTRODUCTION.

Inter-country adoption is the legal process by which an adult non-Ugandan citizen legally assumes parental rights and responsibilities of a Ugandan child from his or her biological parents. Sections 45 & 46 of the Children Act, Cap 59, as amended provide for the requirements to be satisfied by a foreigner (non-Ugandan) who intends to adopt a Ugandan child to include the following;

a) the applicant or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty-one years older than the child;

b) in the case of an application by one of the spouses, the other has consented to the adoption;

c) an adoption order shall not be made in favour of a sole male applicant in respect of a female child, or in favor of a sole female applicant in respect of a male child, except in special circumstances;

d) has stayed in Uganda for at least one year;

e) fostered the child for at least one year under the supervision of the Probation and Social Welfare Officer;

f) does not have a criminal record;

g) has a recommendation concerning his or suitability to adopt a child from his or her country’s probation and social welfare officer or other competent authority; and

h) has satisfied the court that his or her country of origin will respect and recognize the adoption order.

Court may waive any of the above requirements in consideration of the welfare of the child.

WHAT THE PROCESS ENTAILS?

1. The prospective adoptive parent first identifies the child they would like to adopt;

2. An application to foster the child is then made to the probation and social welfare officer within the child’s District of residence;

3. Upon getting the foster placement, the prospective adoptive parents with the help of their Attorney & Probation officer apply to court for a care order;

4. The file is prepared and submitted to the Alternative Care Panel for a recommendation of the prospective adoptive parents to Court for the adoption;

5. A petition is prepared with the help of an Attorney and filed in Court after completion of the fostering period.

6. Proceedings ensue after which an adoption order is made.

CONSENT REQUIRED

As per S.47 of the Children Act, the following persons are supposed to consent to the adoption;

i. Parents of the child if of sound mind.

ii. Consent of the child if able to understand the adoption proceedings, or if the child has attained fourteen years of age.

iii. In case the parents of the child are incapable of giving consent, any immediate relatives may consent.

iv. The child or parents may withdraw their consent to the adoption prior to the Adoption order being made.

v. In some cases, the child or parent may challenge the adoption if their consent was not obtained legally.

TIME-FRAME FOR THE ADOPTION PROCESS.

The duration depends on quite a number of factors which include;

a) whether the prospective adoptive parents have identified the child,

b) whether they have all the requisite documents,

c) the fostering period which is twelve months,

The process may take 1-2 years from the date of foster-care placement till the adoption order is granted.

WHAT HAPPENS AFTER THE ADOPTION ORDER IS GRANTED?

1. The order is registered with the office of the registrar general, Embassy of Uganda in the country of the adoptive parents, in the Probation Office and National Council for Children.

2. The adoptive parents then engage an Immigration Attorney for the post-adoption processes.

REQUISITE DOCUMENTS FOR THE PANEL & COURT

~ Profile of the child.

~ Police referral letter of the child to the home.

~ Probation and Social Welfare referral letter.

~ Care order.

~ Proof of efforts made in tracing the parents of the child.

~Introduction letter from L.C.1 where the prospective adoptive parents are residing.

~ Marriage Certificate for couples.

~ Form 1 & 3 signed by PSWO.

~ Assessment of the Foster parents.

~ Home Study Report by the administrators of the Children’s home.

~ Report by the Probation & Social Welfare officer.

~ Letter of good conduct from Home Country.

~ Recommenders.

~ Capacity to foster a child (provide bank statements).

~ Photocopies of the Passport.

~ Health Report for both the child and prospective adoptive parents.

~ Work permits if working in Uganda.

~ Necessary Consents.

~ Confirmation that your home country will honor the adoption order if granted.

OUR CONTACT FOR THIS ARTICLE:
MASABA GRACE (LLB, DIP.LP)(Head Inter-Country Adoption)
[email protected]
+256751231056