215.In case of inter-country adoption and in order to monitor the living conditions of the
adopted child, the adopting parents are required to send a progress report every six
months during the first year, and annually thereafter in accordance with Article 71.
This monitoring process is conducted by a state body called the Central Authority
which has the power to contact the central authority of the host country which is
required to write a report on the integration of the child in his/her new family and
social environment and sent to the Malagasy Central Authority within the same time
frame as that provided by the same article.
Protection of the child against child trafficking
adoption
in the context of
216.Previously, adoption was governed by Act No. 63-022 of 20 November 1963 on
parental lineage, adoption, rejection and guardianship. The provisions of this Act
relating to the parental lineage and consent of the biological parents favored risks of
child trafficking.
217.In response, the new Act No. 2005-014 of 7 September 2005 on the adoption
provides in its Article 15 a sentence to hard labor for any material and / or financial
gains or other benefit or unfair advantage during the adoption process.
218.Moreover, the institution of the Central Authority under Articles 51 to 78 of the new
Act ensures the consistency and integrity of parental lineage.
Internationale cooperation for the protection and monitoring of the
welfare of the adopted child
219.Since 12 May 2004, Madagascar is a state party to the Convention on the
Protection of Children and Cooperation in Respect of Inter country Adoption; this
facilitates the monitoring of the welfare of the adopted child through the Malagasy
Central Authority cooperating with the central authority of the host country.
f. Abuse, neglect, child exploitation including physical and psychological
rehabilitation and social integration of the child (Art 27)
Incitement, coercion or encouragement of a child to engage in sexual
activity
220.Madagascar is State party to the Convention on the Rights of the Child and the
Protocol to the CRC on the sale of children, child prostitution and child pornography.
221.Act No. 2007-038 of 14 January 2008 on trafficking, sale and sex tourism
criminalizes and punishes sexual activity of children within the scope of trafficking,
prostitution and sex tourism.
222.This law punishes the inducement, coercion or encouragement of a child to engage
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