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Many Zimbabwean couples, individuals and families consider adoption for various reasons, and because they genuinely have a wish to provide a family for a child. Some people who opt for adoption already have biological children, others are struggling with infertility or just want to expand their family differently.
In Zimbabwe, many kids in children’s homes need a loving family and home yet the uptake has been very low.
The Ministry of Labour and Social Welfare received and processed a total of 3[1]0 adoption applications from January 2015 to December 2017.
Many people seem not aware of the adoption process and how it can change the lives of many orphaned, abandoned and abused children, for the better.
Many who have gone through the process have different views of it in both good and bad measure. What does the Zimbabwean adoption system entail?
Permanent Secretary in the Ministry of Labour and Social Welfare Mr Ngoni Masoka says in Zimbabwe parents with their own biological children may adopt children if they so wish.
“Adoption is necessary where a child has no known natural parents or extended family to look after him/her. Where a child has close family ties or relations who can help to care for him/her in his own family home, the relatives caring for the child can apply for and be granted guardianship of the child by the High Court,” Mr Masoka said.
He said there are types of adoption that include de facto, whereby a couple jointly adopts a child belonging to the other spouse or is related to the other spouse, that is, where there is some prohibitive degree of consanguinity between the adopters and the child. Under the non de facto adoption type, a couple or an individual adopts a complete stranger.
In Zimbabwe, as a way to ensure a child is not adopted by people with ulterior intentions, adoption requires extensive initial screening and court procedures.
Mr Masoka said to be eligible to adopt in Zimbabwe, parents should adhere to the Children’s Act (Chapter 5:06) Sections 57 to 75 which provide for the manner in which adoptions are carried out.
“First, the children’s court appoints a probation officer to act as a Guardian ad Litem of the child whose duty is to safeguard the interests of the child throughout the process of adoption,” he said.
He added that the Act provides that no adoption order can be made except with the consent of the Minister of Labour and Social Welfare in all cases where:
The applicant is under the age of 25 years.
The applicant is less than 21 years older than the minor who is to be adopted.
The applicant is not a citizen of Zimbabwe.
“In terms of section 59 subsection 5 an adoption order shall not be made in favour of any applicant who is not resident and domiciled in Zimbabwe or in respect of any minor who is not so resident.
“Provided that if the applicant and the minor are within the prohibited degrees of consanguinity the order may be made in favour of an applicant who is not resident or domiciled in Zimbabwe.”
He said there are other requirements which need to be fulfilled before an adoption order can be made; unless exceptional circumstances are brought to the attention of the Children’s Court.
These requirements, he said, include that no adoption can be made where the sole applicant is a male and the minor is a female.
“No order can be made without the consent of every person or body who is a parent or legal guardian of the minor. No order can be made upon the application of one of two spouses without the consent of the other.
“No adoption will be made in favour of any applicant who is not resident and domiciled in Zimbabwe or in respect of a minor who is not so resident. No adoption order will be made unless the minor has been medically examined and the results are furnished to the court and contents made known to the prospective adopter,” he explained.
Explaining the adoption process, Mr Masoka said when adopting, prospective adopters, who could be a couple or an individual, apply for adoption at their local Children’s Court.
“The Children’s Court then refers the application to the Provincial/District Social Welfare Offices where an officer to deal with the application is identified and referred to the Children’s Court for appointment as Guardian ad Litem,” he added.
He said an initial assessment which includes a home visit is done by the Guardian ad Litem to ascertain suitability of the applicants.
“Stage four is when police vetting and clearance for prospective adoptive parents will be required as part of the documentation,” he further explained.
According to Mr Masoka whilst all these requests are being sent out and results are being awaited, an assessment of the prospective adoptive parents through home study is done.
“For local adoptions, the processes are done by the local offices under the Department of Social Welfare and for eligible international applicants, the Ministry conducts background checks and suitability assessments through the International Social Services,” he said.
He added that prospective adoptive parent(s) are placed on the Adoption Waiting List Register. The Guardian ad Litem prepares a Guardian ad Litem Narrative Report to the Children’s Court and proceeds to present it to court.
“The Children’s Court issues an adoption Order and sends it direct to the Registrar of Births and Deaths for a birth registration certificate with the adoptive name.
“Note that for a de facto adoption it should take about two months to complete the process.
“For a non de facto, it should take about three months if a child is available or longer depending on availability of the preferred child,” said Mr Masoka.
Online Reporter