Revisit law, procedures on child adoption
<b>By Timothy Opobo</b><br><br>The United Nations Convention on the Rights of the Child, to which Uganda is party to, highlights the fact that a child has the right to grow up in a family environment, and where this is not possible, to be provided with
By Timothy Opobo
The United Nations Convention on the Rights of the Child, to which Uganda is party to, highlights the fact that a child has the right to grow up in a family environment, and where this is not possible, to be provided with alternative care.
Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary, placement in suitable institutions.
It is also explicit in pointing out that in considering alternative care, emphasis should be on the desirability of continuity in a child’s upbringing and the child’s ethnic, religious, cultural and linguistic background. Adoption could be national or international. Whether undertaking in-country or inter-country adoption, the best interests of the child should be the paramount considerations at all times.
Uganda is among the African countries that has not ratified the Hague Convention on inter- country adoption despite growing indications that this type of adoption is on the increase in many African countries.
Uganda’s law on adoption is extremely restrictive, especially towards foreigners that would love to adopt Ugandan children, therefore, discouraging would-be “adoptersâ€. This denies innocent children a chance for a better a life.
A review undertaken by ANPPCAN in August 2007 on the status of adoption and legal guardianship trends in Uganda in the wake of growing concerns about the possible links between adoption, guardianship processes and child trafficking, revealed that half of all applicants were Ugandans, followed by Americans who accounted for 30% of the applications.
Most applications were for female children. The majority of children applied for (56.3%) were Baganda, followed by the Acholi (9.6%), Banyankole (8.9) and Bagisu (6.4%).
Together, these four groups accounted for 81.2% of all the applications.
From 2006, there was a dramatic increase in the number of applications for legal guardianship, followed by a significant reduction in the number of applications for adoption. This, therefore, reflects that many have opted to use the laxity in the legal guardianship in order to take Ugandan children out of the country rather than follow the legal process of adoption as stipulated in the law.
In the prevailing circumstances, the Government must take necessary steps to ensure that adoption is done in compliance with the law and in the best interest of the child. It is important to improve the legal framework to include explicit provisions for the granting of legal guardianship over children as opposed to the current practice which relies on the discretion of the presiding judge.
In addition, it is recommended that Uganda ratifies and domesticates the relevant international instruments that regulate inter-country adoption.
There is an urgent need for the operationalisation of a follow-up mechanism for all children who are subjected to legal guardianship and adoption to ensure their ongoing welfare and protection, lest our children end up as sex slaves and whatever else they could be used for around the world.
The upcoming study by the Africa Wide Movement for Children on inter-country adoption is welcome given the need for further research on the adequacy of the current court practices in disposing of adoption and legal guardianship applications.
The writer is the programme
coordinator information, research
and policy advocacy
The African Network for the Prevention and Protection against
Child Abuse and Neglect – Uganda Chapter
The United Nations Convention on the Rights of the Child, to which Uganda is party to, highlights the fact that a child has the right to grow up in a family environment, and where this is not possible, to be provided with alternative care.
Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary, placement in suitable institutions.
It is also explicit in pointing out that in considering alternative care, emphasis should be on the desirability of continuity in a child’s upbringing and the child’s ethnic, religious, cultural and linguistic background. Adoption could be national or international. Whether undertaking in-country or inter-country adoption, the best interests of the child should be the paramount considerations at all times.
Uganda is among the African countries that has not ratified the Hague Convention on inter- country adoption despite growing indications that this type of adoption is on the increase in many African countries.
Uganda’s law on adoption is extremely restrictive, especially towards foreigners that would love to adopt Ugandan children, therefore, discouraging would-be “adoptersâ€. This denies innocent children a chance for a better a life.
A review undertaken by ANPPCAN in August 2007 on the status of adoption and legal guardianship trends in Uganda in the wake of growing concerns about the possible links between adoption, guardianship processes and child trafficking, revealed that half of all applicants were Ugandans, followed by Americans who accounted for 30% of the applications.
Most applications were for female children. The majority of children applied for (56.3%) were Baganda, followed by the Acholi (9.6%), Banyankole (8.9) and Bagisu (6.4%).
Together, these four groups accounted for 81.2% of all the applications.
From 2006, there was a dramatic increase in the number of applications for legal guardianship, followed by a significant reduction in the number of applications for adoption. This, therefore, reflects that many have opted to use the laxity in the legal guardianship in order to take Ugandan children out of the country rather than follow the legal process of adoption as stipulated in the law.
In the prevailing circumstances, the Government must take necessary steps to ensure that adoption is done in compliance with the law and in the best interest of the child. It is important to improve the legal framework to include explicit provisions for the granting of legal guardianship over children as opposed to the current practice which relies on the discretion of the presiding judge.
In addition, it is recommended that Uganda ratifies and domesticates the relevant international instruments that regulate inter-country adoption.
There is an urgent need for the operationalisation of a follow-up mechanism for all children who are subjected to legal guardianship and adoption to ensure their ongoing welfare and protection, lest our children end up as sex slaves and whatever else they could be used for around the world.
The upcoming study by the Africa Wide Movement for Children on inter-country adoption is welcome given the need for further research on the adequacy of the current court practices in disposing of adoption and legal guardianship applications.
The writer is the programme
coordinator information, research
and policy advocacy
The African Network for the Prevention and Protection against
Child Abuse and Neglect – Uganda Chapter