Adoption is a legal process through which an individual can become the parent of a child who is not their biological offspring. In Ghana, the procedures for adoption are governed by specific laws and regulations. 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.
It is a complex and sensitive process that requires careful consideration and planning. In Ghana, as in many other countries, there are legal, social, and cultural factors that can affect the decision to adopt, as well as the process itself. An adoption formally terminates the legal rights and obligations a biological parent has towards his or her child while simultaneously creating new obligations for the adoptive parent towards the child.
Adoption is based on the principle that it should be in the best interest of the child and that the child must be legally adoptable. It involves the transfer of all legal rights, duties, responsibilities, and liabilities from the biological parent or guardian to the adoptive parents. In Ghana, a person who seeks to adopt a child must apply in the prescribed manner as provided by law.
Family is the basic unit of life. However, there are a significant number of people/children who do not have a family due to tragic experiences. Children who are orphans and without any known relatives or with known relatives who are not ready to accept responsibility for them or have families but such families are not capable of giving them care and are ready to give such children up for adoption.
Adoption is a social, emotional, and legal process that enables a child who may not be raised by his/her birth parents to become a legal member of another family. The adoption process transfers parental responsibilities for the child to the adoptive parent. The child cuts ties with the birth parents and becomes a full member of the adoptive family.
Read also: A Guide to African Spears
First and foremost, it is important to understand the different types of adoption one can opt for in Ghana. There are two main types, in-country adoption and intercountry adoption.
Types of Adoption in Ghana
There are two main types of adoption recognized by the law in Ghana:
- In-Country Adoption
- Intercountry Adoption
In-Country Adoption
In-country adoption refers to the process through which a person residing in Ghana can adopt a child within the country. In-country adoption refers to the adoption process within Ghana, where a person permanently residing in the country seeks to adopt a child and intends to reside with the child in Ghana.
Meeting these requirements is essential for individuals seeking in-country adoption in Ghana. In-country adoption in Ghana is governed by the Children's Act and the Adoption Regulations of 2003.The process includes ensuring that a child is eligible for adoption, obtaining consent from the child's parents or guardians, and completing a home study and assessment report, ie all pre-adoption processes. If someone is interested in adopting a child in Ghana, they must submit an application to the Social Welfare Department in their respective region.
By completing the application form and providing the necessary documents, individuals can initiate the adoption process in Ghana.Once the application is received and reviewed, the Social Welfare Department initiates the process by conducting a thorough home study on the applicant. The purpose of the home study is to assess the eligibility and suitability of the prospective adoptive parent to provide a suitable home for the child. Additionally, the Department carries out a child study on the child who is to be adopted. A Child Study Report is prepared and submitted to the Authority, containing recommendations regarding the adoptability of the child.
Read also: African Swords: Culture and Art
Upon receiving the application and considering the recommendations from the Home Study Report and Child Study Report, the Authority determines the applicant’s eligibility and suitability to adopt a child. Simultaneously, the Authority assesses the adoptability of the child based on the recommendations in the Child Study Report. If the Authority determines that the applicant is eligible, their names are entered in the Prospective Adoptive Parent Section of the adoption register. In the case of ineligibility, the Authority provides reasons for their decision.
To assist Prospective Adoptive Parents (PAPs) in their adoption journey, comprehensive psychosocial services are offered. These services aim to address various aspects of the PAPs’ emotional, social, and mental well-being, among other essential factors. The aim of these psychosocial services is to ensure that PAPs are well-prepared and equipped to provide a nurturing and supportive environment for the adopted child.
As part of the preparation process for Prospective Adoptive Parents (PAPs) in anticipation of child placement and subsequent adoption, either the Department or an authorized agency arranges a comprehensive training program. The training program typically spans a minimum of 30 hours and may be conducted for groups of applicants or on an individual basis.
In order to maximize the chances of compatibility and a successful adoption, the Department undertakes the task of matching an eligible and suitable prospective adoptive parent (PAP) with an adoptable child, taking into consideration the Child Study and Home Study reports. The PAP is given the opportunity to accept or reject the proposed match. If the PAP chooses to decline the match, they are required to provide written reasons for their decision. On the other hand, if the PAP accepts the proposed match, the Department proceeds to arrange a meeting between the PAP and the child.
Prior to this meeting, the child, who is the subject of adoption, receives counseling to help them understand the concept of adoption and receive the necessary support to facilitate their adjustment to the new environment. If the meeting between the PAP and the child yields positive outcomes, the Director of the Department issues a placement authorization. This authorization allows the child to be placed with the PAP for a trial period of at least one month. During this trial period, the Department provides supervision to ensure the well-being of the child and to assess the compatibility and suitability of the placement.
Read also: A Guide to South African Antelopes
Throughout the pre-adoption placement period until the completion of the adoption process, an adoptable child is under the supervision of a Department officer. In determining the child’s best interests, the Department takes into account the preferences of a child aged 14 years or older who is capable of expressing their opinion.
In order for an adoption order to be granted, the consent of both parents is generally required, unless one parent is unknown, deceased, or cannot be located. If the child to be adopted is under the care of a guardian, the guardian’s consent is necessary. Additionally, the consent of any person who holds rights or obligations regarding the child through an agreement, court order, or customary law must also be obtained.
To obtain an Adoption Order, an application must be made to the High Court. The application should be accompanied by a Social Enquiry Report prepared by the Department. Prior to granting the adoption order, the Court must ensure that all pre-adoption procedures have been followed. The Court has the authority to impose conditions when granting the adoption order and may require the applicant to enter a bond to ensure necessary provisions are made for the child. Once the court grants the adoption order, the adoptive parent must obtain a new birth certificate in accordance with the order. Copies of the adoption order and the new birth certificate must be submitted to the Authority.
Following the grant of the adoption order, the Department will continue to monitor and report on the adoptive family every six months for the first two years, and then annually for the following three years.
Intercountry Adoption
Intercountry adoption occurs when a person residing in a different country seeks to adopt a child from Ghana and bring them to their country of residence. External or Inter-country Adoption occurs when the adoptive parent resides outside the country where the child is adopted. This form of adoption is primarily governed by the Hague Convention of May 29, 1993, on the Protection of Children and Co-operation in Respect of Intercountry Adoption.
The paramount consideration throughout the process is the best interest of the child. The procedures generally adhere to the same laws, rules, and regulations as in in-country adoption. In Ghana, it is also governed by the Children's Act and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which Ghana ratified in 2005. The process involves working with an accredited adoption agency or lawyers, completing a child study report, home study and assessment report, and obtaining approval from both the Ghanaian government or the government of the child's country of origin (i.e. central adoption agency) or receiving state.
Married couples are typically the only ones eligible to adopt a child through intercountry adoption. In the case of married couples, the application should be jointly filed with the spouse or with the spouse’s consent, as specified in the prescribed manner. Single individuals may only adopt a child through intercountry adoption if they are citizens of Ghana. Individuals seeking to adopt a child through intercountry adoption must submit an application to the Central Authority, which is the Central Authority of the receiving state or the country of the applicant’s residence.
The Central Authority 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, which will be forwarded to the Ghanaian Authority. The application must be completed in English using the appropriate form and submitted to the Ghanaian Authority through the Central Authority or an accredited adoption agency. The Authority will review the application to assess the applicant’s eligibility and suitability to adopt a child from Ghana.
Once the Ghanaian Authority is satisfied with the received application, it will match an eligible and suitable applicant with an adoptable child based on the child’s needs and the information provided in the applicant’s Home Study Report. The prospective adoptive parent has the option to accept or reject the match. In the case of rejection, the applicant must communicate their decision in writing, along with the reasons, through the Central Authority.
Upon mutual acceptance and approval by the applicant and the Authority, the child will be placed with the applicant in the country for a trial period of at least one month. This trial period will be supervised by the Department before legal proceedings commence for the child’s adoption. In cases where a medical board authorized by the Authority determines that the child requires specialized medical care outside the country, the trial period may be waived. Additionally, a social enquiry report will be prepared at the conclusion of the trial period and submitted as part of the adoption order application. This report will include information about the child’s background and the circumstances that initiated the adoption process.
To seek an intercountry adoption order, the applicant must submit an application to the High Court in accordance with relevant statutes. 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. Upon receiving the adoption order and the new birth certificate, the Authority will issue a Certificate of Conformity to the adoptive parent. Before the child can be transferred to the Receiving State, the adoptive parent must apply for the required travel documents. Prior to applying for these documents, the adoptive parent must obtain clearance from the Department to transfer the child out of the country.
Once all the adoption processes have been completed, the Authority will enter into an agreement with the Central Authority of the receiving state to provide periodic reports on the adoptive family.
Time Frame: Intercountry adoptions in Ghana may take approximately one year or more.
Fees for adoption in Ghana vary depending on the circumstances. Attorney fees usually range from GHC 2,000 to GHC 3,000 and they generally include court costs.
If you have finalized the adoption in Ghana, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate. The Ministry of Gender, Children, and Social Protection will issue a letter authorizing the Registry of Births and Deaths to issue your child a new birth certificate.
Your child will need a travel document or passport from Ghana. Passports are issued by the Ministry of Foreign Affairs and Regional Integration. In order to apply for a passport, adoptive parent(s) will need to submit an updated birth certificate with their names on it, as well as identification. Passport applications cost GHS 50, or GHS 100 for an expedited application.
While the adoption processes outlined in this article may appear lengthy and complex, they have been simplified by the Children’s (Amendment) Act, 2016 (Act 937). Anyone wishing to become a parent through adoption can seek legal guidance from a qualified lawyer to fulfill their aspirations of parenthood.
Adoption is a socio-legal procedure that transfers the parental responsibilities for a child to an adoptive parent.
To qualify to adopt, the PAP must meet the following requirements:
- Not less than 25 years old and at least 21 years older than the child and not more than 55 years old (50 years old for non-Ghanaian) at the time of placement of the child, for non-relative adoptions and not more than 65 years old for a relative adoption
- Has been declared medically fit
- Has not been convicted of any child related offenses
- Has a suitable means of livelihood
It must also be noted that in Ghana, married couples may jointly apply or may with the consent of their spouse, singly apply to adopt. Females who are single and are Ghanaian or resident in Ghana, may apply to adopt. Males however may not apply to adopt unless they are adopting their biological son, or the court deems that there are special circumstances.
A person who wishes to adopt a child in Ghana must follow the following procedure:
- The applicant must obtain information on their eligibility and/or suitability to undertake the adoption process from the CAA, the DSW, an adoption agency or a lawyer.
- The applicant may then obtain an adoption application form from their local DSW office and apply to adopt.
- Applicants must then submit all the required paperwork to the CAA and pay the adoption application fee. The paperwork to submit include but are not limited to the applicant’s marriage certificate, birth certificate, medical report, and proof of finances.
- Once an application has been received by the CAA, the applicant must submit a home study report.
The legal procedures for adoption involve submitting an application to the appropriate authorities, providing necessary documentation, and undergoing assessments to determine the eligibility and suitability of the prospective adoptive parent(s). The documents required typically include birth certificates, medical reports, police clearance reports, proof of employment or income, character references, and photographs.
The Social Welfare Department conducts a home study and prepares a Home Study Report, which evaluates the applicant’s ability to provide a suitable home and care for the child. Prospective adoptive parents are also provided with psycho-social services and training programs to prepare them for the adoption process. Once the assessment process is completed, the department matches eligible and suitable applicants with adoptable children based on the Home Study and Child Study reports. The prospective adoptive parent(s) have the option to accept or reject the match.
After the match is accepted, the child is placed with the adoptive parent(s) for a trial period of at least one month under the supervision of the Social Welfare Department. To obtain an adoption order, an application must be made to the High Court, accompanied by a Social Enquiry Report from the Social Welfare Department. In certain situations, a child may be available for adoption even if they are not under a care order, and all other care options have not been exhausted. An individual is considered eligible for adopting a child when they fulfill certain criteria regarding age, health, and other qualifications.
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.
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.
Table: Comparison of Adoption Types in Ghana
| Type of Adoption | Description | Governing Laws | Key Requirements |
|---|---|---|---|
| In-Country Adoption | Adopting a child within Ghana, with adoptive parents residing in the country. | Children's Act, Adoption Regulations | Home study, consent from parents/guardians, child eligibility. |
| Intercountry Adoption | Adopting a child from Ghana by individuals residing in another country. | Hague Convention, Children's Act | Accredited agency, child study, home study, approval from both governments. |
When deciding whether to adopt in Ghana, there are a number of factors to consider. These include the age and health of the child, the financial and emotional resources required to care for a child, and the legal and cultural implications of adoption. It is also important to be aware of potential risks and challenges associated with adoption in Ghana. These can include fraud, corruption and unethical practices among others.
Ultimately, the decision to adopt in Ghana is a deeply personal one that requires careful consideration and planning. Further to the legal and procedural aspects of adoption, there are also the social and the cultural factors to consider when deciding whether to adopt in Ghana. It is important to be sensitive to these cultural factors and to work with professionals who are knowledgeable and experienced in navigating these complexities.
Another important consideration is the ongoing support and resources that will be available after the adoption is finalised. Adoptive families may need access to counselling, medical care, educational resources, and other services to support the child's development and well-being.
In summary, adoption in Ghana can be a rewarding and life-changing experience for both the child and adoptive family. However, it's important to carefully consider all the legal, social, and cultural factors involved, and to work with experts to ensure that the adoption process is carried out safely, ethically, and in the child’s best interest.
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.
5 Requirements to Adopt a Child
Popular articles:
tags: #Ghana
