By Kirsty Bansak BOARE
Adoption is a long-lasting process that provides stability and care for children in need. However, this social institution is not flawless. In some cases, the process maybe defaced by unscrupulous and corrupt individuals, who see this as a means of gaining unwarranted financial gain.
There is also the ever-present risk of child trafficking, where children are illegally captured and sold under the pretence of adoption. Moreover, from the Performance Audit Report of the Auditor-General , on the Provision of Adoption Services, 2021, it is observed that there is lack of collaborated efforts between the institutions in charge of the adoption process; the Central Adoption Authority and the Department of Social Welfare. This impedes the adoption process and also does not ensure the well-being of adopted children. This article seeks to raise awareness as well as provide comprehensive overview of the adoption process in Ghana. I will delve into the meaning of adoption, explore who is eligible to adopt, outline and discuss the procedures involved, the requirements that must be met to ensure a successful adoption of a child in Ghana.
What is Adoption?
Adoption is the process by which a person(s) becomes the non-biological parent of a child. Once adoption is completed the child ceases to have any parent-child legal relationship with his/her biological parents. At the end of the adoption process, a legal relationship between the adoptive parent and the child is created and the adopted child becomes the legal heir of the adoptive parent. In Ghana, adoption is governed by the Children’s Act 1998 (Act 560) and the Children’s Amendment Act, 2016 (Act 937).
The guiding principle for adoption
The guiding principle that is relied on in any decision relating to the fostering or adoption of a child is the best interest of the child(Section 62 of Act 937). This is the fundamental guiding principle adhered to in all adoption processes and in all matters concerning the child.
It serves as the cornerstone of all decisions made throughout the process ensuring that every procedure, from the selection of the adoptive parents to the finalization of the process is centered around the safety and well-being of the child.
It is focused on providing the child with the safest and conducive environment in order to ensure the proper upbringing of the child. The child’s safety is very vital. In order to protect the child, intensive background checks are conducted on the prospective adoptive parents to ensure that they are able to provide a safe and secure home for the child, free from neglect, abuse and exploitation.
Who can adopt a child in Ghana?
Adoption is a legal process which is open to a wide range of people who meet the specific criteria. Potential adoptive parents could be either married couples or single individuals. Section 80 of Act 937 illustrates the specific criteria that must be met before the adoption order can be granted. The law requires that the potential applicant meets the age requirements as well.
Section 80 specifies the age requirement for both inter-country and in-country. The process may involve a prospective adoptive parent who is single (single applicant) as well as those who are married (joint applicant). For in-country adoption, which means adopting a child within Ghana, the single applicant or if they are couple, at least one of them must be at least twenty-five (25) years old but not older than fifty-five (55) years. Additionally, the applicant(s) must be at least twenty-one (21) years older than the child they wish to adopt.
Furthermore, for relative adoption, that is adopting a child who is related to the applicant, the applicant must be at least twenty-one (21) years old but not older than sixty-five (65) years old. Based on the relevant requirements above, it is an unmistakable fact that adoption laws were implemented to ensure that individuals who wish to adopt meet the required age and maturity standard to ensure that the best interest of the child is assured.
Whether in-country or inter-country adoption, prospective parents must be of a certain age and must be significantly older than the child to provide a stable and nurturing environment. These requirements are very essential in ensuring that the child is brought up in a safe and loving environment.
What is the procedure?
A single person applying to adopt a child must either be a Ghanaian citizen or a Non-Ghanaian who is habitually resident in Ghana. The applicant(s) must inform the Department of Social Welfare of their intention to adopt a child three(3) months before the adoption order is made. Additionally, if the child is being cared for by a foster parent, the child must have been living with the applicant continuously for at least two years before the adoption order is issued.
According to Section 82 of Act 937, when an adoption order is made, the rights and responsibilities of the child’s biological parents or guardians, including any obligations under customary law cease to exist. The person adopting the child takes on full parental responsibilities, including custody, care and education as if the child were their own from birth.
If a couple, either jointly or with the consent of the spouse, adopts a child, both husband and wife will share the parental responsibilities equally. The child will be recognized as theirs as if the child was naturally born to them in marriage. An application for an adoption order should be submitted to the High Court in the area or Region where the child lives at the time of the application. The application should also be accompanied by a Social Enquiry Report.
Conditions to meet before an order is granted?
Before an adoption order is issued, the court must ensure that all the required pre-adoption steps have been complied with. The court must also ensure that the necessary consent for the adoption has been granted, and the parent or guardian fully understands that the adoption order permanently ends their rights and obligations towards the child.
If the child is capable of expressing an opinion, the court must take into consideration, a written report detailing the child’s wishes with respect to the adoption. The child must have been living with the applicant continuously for at least three(3) months before the date of the adoption order. If the child is at least fourteen (14) years old, the child’s consent to the adoption in the required format must be obtained and like always, the adoption should be determined in the best interest of the child.
Additionally, the court can require the applicant to agree to a bond to provide any support or provisions necessary for the child, as deemed appropriate by the court. An adoption order usually consists of certain details including the date and place of birth of the child, the name, sex and surname of the child both before and after adoption, the name, surname, citizenship and occupation of the adopter and the date of the adoption order.
The court may sometimes delay the final decision on an adoption application and issue an interim order that temporarily grants custody of the child to the applicant. This interim order can last for up to three(3) months as a probation period. The order may include specific terms and conditions that the court may consider necessary such as, arrangements for the child’s education, care and supervision.
When issuing an interim order, the court sets certain conditions, which includes the fact that the child must be under the supervision of a Probation Officer or Social Welfare Officer. The child can also not be taken out of the country without permission from the court. When it comes to giving permission(consent) for an adoption, the same rules apply for both interim adoption orders and full adoption orders. It is important to note that an interim order is not the same as a final adoption order.
An adoption order can be revoked if it is found that there was fraud involved, if there was misrepresentation of facts that led to the approval of the adoption order or if new information comes to light that would have disqualified the adoptive parents from being granted the adoption order. In revoking an adoption order, the court prioritizes the best interest of the child.
Should the child know about the adoption?
An adoptive parent has the option to inform the adopted child about their adoption and also about their biological parentage. However, this can be done only if the child is at least fourteen (14) years old and it is in his or her best interest. No one, other than the adoptive parent is permitted to disclose any information about the adoption to the child.
Anyone who violates this rule commits an offence and can be fined up to one hundred penalty units, face imprisonments for up to six months or both. Nevertheless, once the adopted child reaches the age of twenty-one, the Authority may allow them access information about their adoption.
Conclusion
Adoption is meant to provide children with loving, stable homes, but the process is not without its challenges. Issues like fraud, child trafficking, and lack of coordination between institutions threaten the integrity of the system. However, when done properly, adoption can be life-changing for both the child and the adoptive family.
By understanding the legal framework, the eligibility criteria, the procedures, and the post-adoption services available, we can ensure that the best interest of the child remains the guiding principle in every adoption process. It is crucial for all parties involved from government authorities to adoptive parents to work together transparently and ethically to create a safe and loving environment for every child in need of a home.
[i] Kirsty Bansak Boare is a third-year law student from University of Professional Studies, Accra (UPSA), and currently an intern with the Law Office of Elisa Kumadey. The Law Firm specialises in land, corporate and commercial litigation, immigration and adoption services, among others. You may reach the author by email at [email protected]
