adoptive structure, and taking into account the best interests of the child, it may be
considered to suggest to the alternative care centre or the adopting family to ensure
continuity in education without losing sight of the ethnic, religious and linguistic
heritage.
d. Protection of the child (Art 18.3)
208.: The Malagasy Constitution complies with the provisions of Article 18 of the Charter
by stating in its Articles 20 and 21 that: "The family, natural and fundamental unit of
society, is protected by the State. Everyone has the right to raise a family and to
bequeath his personal belongings.
The State ensures the protection of the family for its free development and that of the
mother and child through legislation and appropriate social institutions. »
209.Article 15 of Act No. 2007-023 of 20 August 2007 on the rights and protection of the
child provides that parental authority belongs to the father and mother in order to
protect the child's safety, physical or moral integrity and his/her education.
210.From this provision, it implies that parents vis-à-vis their children, have a legal duty
to protect and educate during them within the marriage and even after its dissolution.
211.Regardless of the marital status of his/her parents, the child has the right to be
raised in the same way as legitimate children born to legally married parents. This is
the case of children of cohabiting couples and children born out of wedlock.
e. Adoption and periodic review of the child’s placement (Art 24)
Best interests of the child
212.Act No. 2005-014 of 7 September 2005 on the adoption enshrines the
consideration of the best interests of the child by stating in its article 4 that "in all
actions concerning the child, the best interests of the child shall be a primary
consideration. "
213.In Madagascar, national and inter country adoption are regulated by Act No. 2005014 of 07 September 2005. This Act organizes the procedure and determine the
requirements and relevant institutions in charge of matters relating to adoption.
Inter country adoption as a last resort
214.Inter country adoption should be a last resort and should occur only after having
exhausted the different possible alternatives for the child to be kept in his home
country, preferably within the biological family or extended family or alternatively, use
a national adoption.
Periodic assessment of the child’s placement
34