The adoption process can seem intimidating at first, but Child’s i foundation will be there to guide you every step of the way if you express an interest in adopting one of our children.
This video helps to explain some of the process you will go through when you decide to adopt, and tells the story of an amazing couple who were happily approved to take care of one of our lovely little boys.
[youtube VZlL790ZnDs]
One reply on “Becoming Adoptive Parents”
ADOPTION AND LEGAL GUARDIANSHIP IN UGANDA. WHAT YOU DID NOT KNOW
by Angualia Daniel. (This information is intended to guide parents who intend to adopt a child and provide him or her with a loving home. Good luck.
What is adoption?
It is a legal process whereby a person permanently assumes the parental rights and responsibilities for a child from his or her biological parents.
What is legal guardianship?
i. It is a legal process whereby a person is appointed by court to take care of a child.
ii. The guardian has the parental rights and responsibilities but such rights and responsibilities the guadian has over the child are not permanent.
Who can adopt?.
a. Citizens
i. Any person of 25 years of age and above can adopt. However, the prospective adoptive parent must be at least 21 years older than the child.
ii. A couple must adopt jointly.
iii. The prospective adoptive parents must be of good physical and mental health as determined by a medical examination.
iv. Prospective adoptive parent must have fostered the child for atleast 36 months under the super vision of probation officer save for exceptional cases.
v. A single parent may not adopt a child of the opposite sex save for exceptional circumstances.
b. Foreign adoption
i. Prospective adoptive parents must have fostered the child for atleast 36 months while in Uganda under supervision of a Probation Officer save for exceptional circumstances.
ii. A foreign adoptive parents must;
a. Have no criminal record,
b. Have been approved by their country of nationality to adopt.
c. Proof that their country of origin will respect and recognize the Ugandan adoption Order.
How long does the adoption process take?.
i. The duration depends on whether the adoptive parents have already identified the child they intend to adopt.
ii. The process of getting the child to adopt depends on the availability of the child. My concern is from the time you have identified the child.
iii. Once you have the requisite documents from your home country, the process takes an average of two months from the time of filing the adoption petition in court.
iv. Prospective adoptive parents should be patient as the time fame may differ depending on the judge assigned the file.
Travelling to Uganda.
i. The prospective adoptive parent should in the first instance do sufficient research in his home country to ensure that once the adoption order is made, his or her home country will respect the order.
ii. This will help with processing of visa and save a lot of your time and money. For the prospective adoptive parents from US, it may help you to make an advance petition for orphan adoption.
iii. By the time you come to Uganda, US embassy will have all the necessary documents. This will speed up the visa application process.
Fees payable:
i. Legal fees vary depending on the attorney engaged in the adoption process.
ii. A prospective parent is not supposed to pay any fees to the orphanage where he or she intends to get the child as it amounts to buying a child.
iii. Neither is the prospective adoption parent supposed to pay any fees to the guardian of the child who is the subject of adoption.
iv. Any attempts at this will prejudice your adoption petition and future prospects of other applicants.
The court adoption process:
i. Prospective adoption parents file a petition to court through an attorney.
ii. The prospective adoptive parents are required to appear in court on the hearing date together with the child and his or her guardian.
iii. In some instances, the Probation Officer may be required to appear in court or prepare a report and submit to court before the hearing date.
iv. In some cases, a social worker attached to the orphanage may be required to attend court if the child was in an orphanage.
Necessary consents,
i. A child whose parents are; known, alive, of sound mind and can be found must consent to the adoption of the child. In other words, the parents must consent to the adoption of their child.
ii. Children of 14 years and above must also consent to the adoption. In some cases even when the child is below 14 years of age and understands what is going on, the judge may get the views of the child.
iii. Either the child or the parents may withdraw their consent to adoption prior to adoption order being made.
iv. In some cases, the child or his / her parents may challenge the adoption if their consent was not obtained legally.
What happens after obtaining Adoption Order:
i. The Adoption Order must be registered with the office of Registrar General.
ii. The judge will usually order that the Adoption Order be registered with the Embassy of Uganda in the country of the adoptive parents.
Legal Guardianship and Adoption outside Uganda:
i. In instances where the prospective adoption parents don’t meet certain requirements, they may instead apply to court for legal guardianship.
ii. The Legal guardians will then be at liberty to apply for adoption of the child in their Home country.
iii. The Legal Guardianship Order must authorise the legal guardians to apply for adotion while in their home country.
iv. The necessary consent for adoption in the Home country of the prospective adoptive parents must be obtained from the child and her parents in Uganda.
Requisite documents in support of adoption or legal guardianship:
i. Birth certificate of the child if the parents are known.
ii. Death certificate of the parents of the infant, if she is an orphan.
iii. Photocopies of the passport of Prospective adoptive parents.
iv. Marriage certificate of adoptive parents;
v. Criminal clearance from the home country of prospective adoptive parents.
vi. Home study from the Adoption agency in the home country of prospective adoptive parents.
vii. Bank statements or other means of proving that the prospective adoptive parents are financially sound.
viii. Medical report in proof that the prospective adoptive parents are in good health.
ix. Proof that the Home country will respect the Adoption/ Legal guardianship Order. of financial stability (e.g., tax returns and bank statements);
x. In some cases, a Probation Officer’s report.
Good luck in your journey to adoption.
Angualia Daniel, family law lawyer ( adoption, legal guardianship, child custody, maintenance, divorce and seperation). For any question, he may be reached at, [email protected],