Article 24: Adoption
States Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the
paramount consideration and they shall:
(a) establish competent authorities to determine matters of adoption and ensure that the adoption is carried out in
conformity with applicable laws and procedures and on the basis of all relevant and reliable information, that the
adoption is permissible in view of the child's status concerning parents, relatives and guardians and that, if
necessary, the appropriate persons concerned have given their informed consent to the adoption on the basis of
appropriate counselling;
(b) recognize that inter-country adoption in those States who have ratified or adhered to the International
Convention on the Rights of the Child or this Charter, may, as the last resort, be considered as an alternative
means of a child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable
manner be cared for in the child's country of origin;
(c) ensure that the child affected by inter-country adoption enjoys safeguards and standards equivalent to those
existing in the case of national adoption;
(d) take all appropriate measures to ensure that in inter-country adoption, the placement does not result in
trafficking or improper financial gain for those who try to adopt a child;
(e) promote, where appropriate, the objectives of this Article by concluding bilateral or multilateral arrangements or
agreements, and endeavour, within this framework to ensure that the placement of the child in another country is
carried out by competent authorities or organs;
(f) establish a machinery to monitor the well-being of the adopted child.
146. Under the 2010 amendment of the Constitution, there is now provision for State assistance
to children under special circumstances. State assistance applies to all children, but
particularly the following categories have been identified: orphans, children with disabilities
and other children in situations of disadvantage.
147. The CCPJA has made extensive provision for alternative care for children. There are
several forms of alternative care that are recognized as a matter of law or practice in
Malawi. There are a number of common terms used and practised in this regard.
148. Community based Care is the direct care role assumed by the leadership or members of the
community in their own homes; Foster Care is placement of a child in a foster home or
with a foster parent; Foster Home means a home approved by the minister for the
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