Lois-Annie Brown is a dedicated lawyer with a strong focus on family law, corporate law and civil litigation.
Introduction
Adoption is a socio-legal transfer of parental responsibilities of a child to the adoptive parents. When adoption occurs, the child becomes a full member of the adoptive parents’ and no longer retain any legal ties with the birth parents. The adopted child acquires the status of a child of the marriage of the adoptive parents and enjoy the same bundle of rights as their biological children while the rights and liabilities of the natural parents become permanently extinguished and devolve on the adoptive parent(s).
The adoption process in Ghana is regulated by the Children’s Act 1998 (Act 560), amended by the Children’s (Amendment) Act 2016 (Act 937), the Adoption Regulations 2018 (L.I.C.I.42), 2360), the Adoption Rules, 2003 (C.I. 42), Foster Care Regulations, 2018 (LI 2361), the Hague Convention on Intercountry Adoption, and the High Court (Civil Procedure) Rules, 2004 (C.I. 47) among others. These laws create the Central Adoption Authority and supporting departments that conduct investigations, assess and train prospective adoptive parents, ensuring that the child’s best interests are upheld.
Types of Adoption in Ghana
Adoption in Ghana is characterized by three principal forms: Intra-country adoption Inter-country adoption and Customary Adoption
In-country adoption describes the process of adopting a child in Ghana, with the adoptive parents intending to reside permanently with the child in the country. Within the first two forms, two distinct types exist:
- Relative Adoption: This is where the applicant(s) and the child share filiation through blood, adoption, or marriage.
- Non-Relative Adoption: This is where there is no pre-existing filial relationship between the applicant(s) and the child.
Inter-country adoption; Here the adoption of a child is by an individual who is not a citizen of Ghana and resides outside the country. This form of adoption is regulated in Ghana by the Children’s Act and the Hague Convention on the protection of Children and Co-operation in Respect of Intercountry Adoption, a treaty ratified by Ghana in 2005.
Individuals seeking to adopt a child through intercountry adoption must submit an application to the Central Authority of the receiving state or the country of the applicant’s residence. The Central Authority in the country is responsible for conducting a home study to assess the applicant’s eligibility and suitability for intercountry adoption. If the applicant is deemed suitable, the Central Authority will issue a letter of approval along with the Home Study Report to the Ghanaian Authority. The Ghanaian Authority will acknowledge receipt within 5 days and inform the Central Authority in the receiving state to procure and complete the application form.
Additionally, a social enquiry report will be prepared at the conclusion of the trial period and submitted as part of the adoption order application. Invariably, this report will include information about the child’s background and the circumstances precipitating the adoption process. It will also assess whether the adoption process complied with the necessary statutory provisions.
In certain situations, the court may grant an interim adoption order allowing for the transfer of the child to the receiving state while the final adoption order is pending. However, if the Central Authority responsible for monitoring the adoptive family determines that the continued placement of the child is not in the child’s best interest, they will inform the appropriate authority to withdraw the child or take any other necessary legal actions as prescribed by law. It is a criminal offence to give or receive payment or reward to an applicant, parent or guardian of a child for an adoption.[1]
Adoptability of a child
A child (a person under the age of eighteen years) who:
- has been abandoned;
- cannot be kept or reunited with their family;
- is in need of care and protection,
- is under a care order, and
- adoption is considered the preferred option after exploring other options of care.
Eligibility to Adopt
The following class of persons are qualified to adopt a child in Ghana:
- A husband and wife jointly.
- The father or mother alone or jointly with a spouse. If the mother or father has re-married, a joint application may be made.
- A single person who is twenty-five years and at least twenty-one years older than the child.
- A person between the ages of 25 years and 55 years who is at least twenty-one years older than the adoptee.
- The applicant must be a Ghanaian or a non-Ghanaian habitually resident in Ghana (at least two years prior to application).
- A relative who is between the ages of 21years and 65 years.
- A single male applicant is not qualified to adopt a child, unless it is in respect of his son.
In Inter-country adoption, persons who are in a same sex relationship, or single and not a citizen of Ghana are not qualified to adopt. However, in all cases, the applicant must have been declared eligible and suitable to adopt the child by the Technical Committee of the Central Adoption Authority.
Customary Adoption: In contrast, customary adoption presents a unique set of considerations. In Plange v. Plange, the courts outline the essential requirements for valid customary adoption. It states that the prospective parent must declare their intention before witnesses and receive the consent of the child’s natural parents and family. The legal effect of customary adoption is twofold: the adopted child acquires the status of a child of the marriage, enjoying the same bundle of rights as the natural child, while the rights and liabilities of the natural parents become permanently extinguished and devolve on the adopting parents. In Tanor and Another v. Akosua Koko, the Court of Appeal reiterated the essential requirements for adoption in accordance with customary law: the consent of the child’s parents and the expression of the prospective parents’ intention before witnesses.
The Adoption Process in Ghana
Procedure
- Obtain information about the eligibility and suitability of an applicant for adoption and the process etc. in Ghana or from the receiving state;
- Obtain and complete application forms with guardian ad litem forms, consent forms, police criminal clearance forms and medical screening forms;
- Submit to Home Study leading to the preparation of Home Study report on the background and circumstances of the applicant;
- Undergo thirty hours training in adoption related topics; and
- The Central Adoption Authority approves or accredited adoption agency of the receiving state submit approval of home study report to the Central Adoption Authority in Ghana to be approved to undertake adoption in Ghana.
- Obtain an adoption order from a court of competent jurisdiction in Ghana.
Requirement(s)
- Evidence of Marriage, if applicable
- Birth Certificate
- Medical / Health Certificate (Form 9)
- Police Clearance Report
- Evidence of employment / income
- Two reference letters
- Copy of National Identification
- Spousal Consent (Form 12), if applicable
- Statement of Commitment from two guardian ad litem
- In case of relative adoption, proof of relationship with the child
- Photographs and audio recordings of the family and home of the applicant
- Home Study Report
- Letter of Approval from Central Authority of Receiving State
- Evidence of Training as prospective adoptive parent
- Audio-Visual Recording or Pictures of Applicant, Applicants Home and Family
Post-Adoption
The Department of Social Welfare or an Accredited Adoption Agency shall monitor the adoptive family and submit reports to the Authority every six months for the first two years and every year for the subsequent three years.The new parent is also required to procure and deposit the adoption order and a new birth certificate with the Central Authority.[1] It is worthy of note that an adoption order can be revoked
Conclusion
Adopting a child is an emotional and legal journey that requires an investment of time and resources. Still, the reward of providing a loving home to a child in need or establishing the blended family you desire is immeasurable. By following the outlined steps, prospective parents can navigate the adoption process with confidence, ensuring that all legal requirements are met and that the best interests of the child are upheld.
Lois-Annie Brown is a dedicated lawyer with a strong focus on family law, corporate law and civil litigation . Committed to continuous professional development, she is passionate about honing her skills and expanding her expertise in the practice of law. Lois enjoys singing, reading and travelling.
References
Ministry Of Gender, Children and Social Protection Https://Www.Mogcsp.Gov.Gh/Requirement-And-Process-Of-Adoption-In-Ghana/ accessed 20 August 2024
Ahwireng-Obeng, F. “At a glance! Contemporary principles of family law in Ghana” page 209
Section 86ZF of the children’s (Amendment) Act 2016, Act 937[1]
Section 79 of the children’s (Amendment) Act 2016, Act 91
Section 84 of the children’s (Amendment) Act 2016, Act 937
Section 66 of the Children’s Act 2016, Act 560
Section 86K of the children’s (Amendment) Act 2016, Act 937[1]
Plange v. Plange [1977] 1 GLR 312
Section 86K of the children’s (Amendment) Act 2016, Act 937
[Tanor and Another v. Akosua Koko [1974] 1 GLR 451[1]
Ministry Of Gender, Children and Social Protection Https://Www.Mogcsp.Gov.Gh/Requirement-And-Process-Of-Adoption-In-Ghana/ accessed 20 August 2024
Ministry Of Gender, Children and Social Protection Https://Www.Mogcsp.Gov.Gh/Requirement-And-Process-Of-Adoption-In-Ghana/ accessed 20 August 2024
Section 86H of the children’s (Amendment) Act 2016, Act 937[1]
Section 86B of the children’s (Amendment) Act 2016, Act 937
