Introduction:
The family is the basic unit of every society and children form an important part of the family. Most people may have their own biological children but it is also common to see such people nurture and develop other children as their own through the process of adoption. In situations where couples or individuals are unable to have their own children, they can adopt children, who are either their relatives or are not related to them.
What is adoption?
Adoption is simply the process by which a person may by law become the child of another person or persons who may not be their biological parent. The person adopting a child may be a complete stranger or a relative of that child. Under the laws of Ghana, only a child under the age of 18 years may be adopted. The adopted child has all the social, cultural, emotional and legal benefits of biological children.
Reasons why people adopt children: People decide to adopt children for various reasons.
These may include the following:
i. To increase the number of one’s own biological children.
ii. To give an orphaned child a parent/parents.
iii. To help individuals and/or couples who would otherwise be unable to have
children biologically.
iv. To assist well-to-do individuals to integrate and take care of their young
relatives as part of their immediate family.
v. For altruistic purposes.
How does one adopt a child: Adoption could be done according to the customary law of the persons adopting the child or under the Children’s Act, 1998 (Act 560) and the Adoption Rules, 2003 (C.I 42). Adoption under customary law is done at the family/community level according to the customs and traditions of the applicants. The courts are not involved in that process. However, adoption under the Children’s Act is a formal legal process that is handled by courts.
The legal process for adopting a child:
The persons who want to adopt a child would have to engage a lawyer to prepare and file the necessary documents in court for an Adoption Order in respect of the child. The lawyer may file the application at the High Court, Circuit Court or District Court (Family Tribunal, which is a simpler process) depending on the nature of the application and the parties.
For applications before the High Court and Circuit Court, the lawyer will buy a set of Originating Summons Form from the High Court for processing and filing. The set must also include the following for filing:
– Statement in Support of Application for an Adoption Order.
– Medical Certificate as to the Health of the Applicants.
– Medical Report as to the Health of the Child.
– An Affidavit in Support of the Application for Adoption Order attested before a Commissioner for Oaths or Notary Public.
– Power of Attorney – to enable the said Attorney to represent the person adopting the child in Court if they would not be present in Ghana at the time of going to Court.
– Marriage Certificate – If the applicants are a married couple, a copy of the marriage certificate would be required to be attached to the affidavit as evidence of marital union between applicants.
In all adoption cases the Department of Social Welfare is an interested party. Therefore, the Department would have to conduct investigations into the background and lifestyle of the applicants to ascertain if they are financially fit and morally capable of adopting the child. If the applicants are out of the country, their lawyer will assist the assigned Social Welfare Officer with information for the preparation of the report on the investigations. The findings of the Social Welfare Department, called a Social Enquiry Report, would be submitted before the Court to assist the Court in making its order for the adoption.
The adoption process is guided by a strict regime of confidentiality. On the day of the adoption hearing, the proceedings are held in the Judge’s Chambers, and not in the open Court. Also, only the applicants, their lawyer, a Social Welfare Officer and the Court clerk are allowed to be present.
The law even allows applicants to hide their identity if they so wish.
Conclusion: The process of adopting a child through the legal process is a simple one. Any person who has the desire to adopt a child should seek proper legal advice from a qualified lawyer to make their journey to parenthood a straightforward, cost-effective and enjoyable experience.
By Francisca Serwaa Boateng, Esq
About the author
The author is the Founder and Managing Counsel of FSB Law Consult, a leading law firm located in Accra, Ghana, which specializes in Commercial Litigation, Arbitration, Family Law, Property Law, Employment Law and Technology Law.
