151. The Adoption of Children Act was enacted in 19… and has largely remained unchanged
over the years. Following the celebrated cases of the adoption of David Banda (An Infant)
and Chifundo James (An Infant), some concerns were raised as to the responsiveness of
legislation to emerging issues in the field of adoption. One of the sticky points during the
application for the adoption of Chifundo James was that the High Court threw out the
application because the petitioner did not meet the residence requirement under the
statute. The Supreme Court of Appeal overturned the lower court’s verdict and using the
principle of the best interests of the child found in favour of the applicant.
152. Soon thereafter, the Law Commission was re-engaged, this time, to comprehensively
review the Adoption of Children Act, a process which should have been completed by
now, except that the process has been fraught with financial challenges. However, the Law
Commission has secured resources to conclude the process by the end of 2013.
153. The main areas being considered for reform include the Concept of adoption – in terms of
purpose and effect; eligibility for adoption; eligibility requirements for prospective adoptive
parents; procedural issues in adoption; nature of adoption services – including roles and
functions of various players; inter-country adoption; and offences – suppression of
improper financial gain; failure to disclose information; unauthorized disclosure of
information; advertising; interfering with a child’s upbringing; and tampering with
documents.
Article 25: Separation from Parents
1. Any child who is permanently or temporarily deprived of his family environment for any reason shall be entitled
to special protection and assistance;
2. States Parties to the present Charter:
(a) shall ensure that a child who is parentless, or who is temporarily or permanently deprived of his or her family
environment, or who in his or her best interest cannot be brought up or allowed to remain in that environment shall
be provided with alternative family care, which could include, among others, foster placement, or placement in
suitable institutions for the care of children;
(b) shall take all necessary measures to trace and re-unite children with parents or relatives where separation is
caused by internal and external displacement arising from armed conflicts or natural disasters.
3. When considering alternative family care of the child and the best interests of the child, due regard shall be paid
to the desirability of continuity in a child's upbringing and to the child's ethnic, religious or linguistic background.
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