Adoption, generally is the act or process of becoming a legal parent to a child of another person.

 

Reasons For Adoption

 

Several factors informs the decision of people to adopt children

• Those who are not blessed with the fruits of the womb finds adoption a legitimate way of becoming a parent

• Other people are moved by instinctively to help children by assuming the parental role over children

• For those in the diaspora, is a way of either helping a family member or show compassion to the less privileged children

 

Legal Background

 

In 1998, the Children's Act was passed in Ghana to provide the legal framework on matters affecting the child.  It provides broad scope of the rights of children

The children's Act being an Act promulgated to promote and protect the interest of the child, regulates adoption. Thus, the rights, duties, liabilities and obligations of the biological  parents are extinguished.

 

The different factors that inform the decision of people to adopt a child or children may include:

 

● Married or unmarried couples desire to form a family, but for some reasons do not have the ability to do so (i.e. infertility). Those couples finds adoption a legitimate way of becoming parents. 

 

● Other people are moved by instinctively to help children by assuming the parental role over children.

 

● For those in the diaspora, is a way of either helping a family member or show compassion to the less privileged children.

 

THE ADOPTION LAWS IN GHANA

 

Lawyer KGB asserted that the children's Act (law) being an Act (law) promulgated to promote and protect the best interest of the child was passed in 1998 in Ghana. The Children's Act (law) provides a legal framework to regulates matters affecting children in Ghana. It also provides broad scope of the rights of children.

 

After a child has been adopted, the effect of the adoption is to vest the rights, duties, liabilities and obligations on the adoptor. Thus, the rights, duties, liabilities and obligations of the birth patents are extinguished.

 

In Ghana, it is the High Court, Circuit Court and the Family Tribunal that have jurisdiction to entertain applications for adoption

 

WHO CAN APPLY FOR ADOPTION? 

 

● Husband and wife who are not the parents of the child or children can adopt a child or children. 

 

● The mother or father of a child or children can adopt the child or children of their own. (Note: But couples who are both parents of the child cannot adopt the child but one of them can adopt with his or her spouse)

 

● A male applicant can adopt his own son

 

●  The mother or father can do with his or her spouse who is not a parent to the child.

 

● A citizen with due regard to the best interest of the child can adopt.

 

● Gay couples can adopt a child (in Ghana) if they meet the legal requirements but since gay is not popular in Ghana, such couples are likely to have problems with their adoption process. 

 

Lawyer KGB reiterated that the best interest principle in Ghana may not help gay couples in their adoption process in Ghana.

 

IS THERE ANY RESTRICTIONS ON ADOPTION?  

 

Lawyer KGB says that  the law does not allow anybody to adopt. There is age limit to people who can adopt. He continued to say that an applicant seeking to adopt a child in Ghana must be 25 years of age and must be at least 21 years older than the child to be adopted but there is no maximum age restrictions the adoptor (i.e. to be parents).

 

He further explained that a 25 year old person can only adopt a child who is 4 years old or below. A relative of the child who is 21 years of age can also adopt the child or children.

 

Some of the restrictions placed on adoption by the law is that a male applicant shall only be granted an adoption order if the application is in respect of the son  or special circumstances warrant the order. This he explained further to say a male applicant can adopt his own child not necessarily a male child.

 

The law provides that an adoption order shall not be made unless the applicant and the child reside in Ghana.

 

However the restriction on resident in Ghana does not apply  to citizen resident abroad. In other words, a Ghanaian who resides in abroad can adopt a child  or children in Ghana. That person need not reside in Ghana to adopt. Adoption therefore is restricted to the citizen of ghana.

 

THE ADOPTION PROCESS

 

Lawyer KGB asserted that the law also provides that the child must be in continuous care and possession of the applicant for at least 3 consecutive months immediately preceding the date of adoption this is to ensure a bond between the parent and the child.

 

Now, to be able to adopt, you should give social welfare department at least 3 months notice before the adoption. As it's been stated earlier on by lawyer KGB, an adoption extinguish the rights and responsibilities of the birth parents to the child. Because of the permanent deprivation of the parent to care for the child, the law requires an applicant to seek the consent of the parents or guardian of the child.

 

Still on consent, the law requires that a spouse of an applicant must also give consent to the other spouse in order to adopt a child or children. The rationale is not far fetched as the cobuples will assume the parental role of the child so is very important that the spouse agrees to the adoption in order to preserve the interest of the child. 

 

However, to every rule there is an exception. Where the parent or guardian has neglected the child or persistently ill - treated the child or the parent or guardian cannot be found or incapable of giving consent or the consent is unreasonably withheld, the consent will be dispensed or disregarded by the court of law. In other words, where any of the factors above exist, consent of the parents to adopt the child will be waived.

 

Lawyer KGB continuing on the consent stated that the knowledge of the identity of the applicant is not a condition precedent for a parent to give consent. So where a parent withdraws consent on the basis of the unknown identity of the applicant, the consent shall be considered to have been unreasonably withheld in such a situation the consent will be waived accordingly. Again, if the child is 14 years and capable of forming or expressing an opinion, that child's consent is needed for the adoption order to be made by the court of law. 

 

Lawyer KGB was of the believe that some of us may have encountered a situation where a family will be in a dilemma as to disclose whether a child is an adoptive child or not. The law is that an adoptive parent shall inform the adopted child of the fact that the child is adopted and of the parentage but this disclosure shall only be made if it is in the best interest of the child and the child is at least 14 years of age. The law forbids a person other than the adoptive parent to disclose the adoption to the adopted child. It is actually an offence for a person other than the adoptive parent to disclose the adoption to the child.

 

He reiterated that even though the law only allows citizens of ghana to adopt, a non citizen application will be subject to an interim order of 2 years. 

 

A child who has been adopted can be adopted by another person and the first adoptive parents will be considered as the parents of the child for purposed of the subsequent adoption. This means that the previous adoptive parents must give consent to the subsequent applicant to adopt the child. As already discussed, the effects of adoption as a permanent deprivation of parental rights, this meaning that the adoptive parents will step in the shoes of the biological parents and provide maintenence and education to the child as if the child was born to the adoptive parents. 

 

Where the adoption is made jointly to a husband and wife, they shall assume the parental responsibilities as if the child was naturally born to the husband and wife. In this regard, where the adopter or the adoptive parent dies intestate (that is without making a will), the adopted child is entitled to inherit the deceased parent. The adopted child, however, is not entitled to inherit from the natural parents. 

 

INHERITANCE  AFTER ADOPTION

 

Where an adoptive parent dies and leaves a will, any expression in the will to children shall include or refer to the adopted child. 

 

Again, where no reasonable provision is made in a will for the benefit of the adopted child, the adopted child can apply to court for reasonable provision in the estate of the adoptive parent.

 

OTHER ISSUES CONCERNING ADOPTION

 

Lawyer KGB stated that a child need not be a citizen of ghana to be adopted. However,  a child of not more than 16 years whose birth parents are not citizen, shall be a citizen of Ghana if adopted by a citizen of Ghana. It must, however, be noted that for purposes of adoption,  a child is a person who is below the age of 18 years.

 

In instances where the child will be sent to abroad permanently, the department of social welfare must be notified 30 days before the departure of the child and the adoptive parent. In practice, however, an applicant is required to provide medical certificate to show that the applicant is fit to adopt the child. Those citizens from abroad needs a medical certificate from their host country.

 

 

Q & A Session

 

Q. Can an adopted child after many years somehow on legal grounds be returned to their original parents if as you mentioned the child interest was initially preserved?

 

A.  The child cannot be returned to their natural parents. Adoption is a permanent deprivation of the parental rights and responsibilities. The child can however be adopted by another person from the adoptive parents.

 

Q.  Does the social welfare follows up on the adopted child or children taken abroad?

 

A. Yes, that's why the law requires that you notify the social welfare before departing abroad but enforcement is a challenge.

 

Q.  For Ghanaians abroad what's are the main process i.e. documents wise from their country of residence  to be able to adopt?

 

A. Medical Certificate, evidence of employment or income status (this includes residents in Ghana as well wish to adapt).