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Administrative
The GoL ratified the Hague Convention with respect to Inter-Country Adoption in 2012.
As a result it also established the Central Authority on Adoptions in 2013 which
regulates both local and international adoptions in Lesotho.
The Foster Care & Adoption Policy 2013 and Adoptions Practice Guidelines provide
regulation of local and international adoptions. Currently Lesotho has a memorandum of
understanding with only four different nation States – Canada, USA, Sweden and the
Netherlands. There are present discussions to sign an MOU with RSA to allow for
Basotho children to be cared for under adoption by family residing in RSA and vice
versa. The subsidiarity principle is followed whereby Basotho adoptive parents are given
priority over international parents.
Under the policy, international adoptive parents are required to send post-placement
reports, facilitated by the adoption agency in the receiving State. The first report is due
six months after the placement and then reports are due every 12 months thereafter,
until the child turns eighteen (18) years. Members of the Lesotho Central Authority on
Adoptions also travel to receiving States to personally assess the well-being of adopted
Basotho children.
Difficulties
There was a cultural misconception that Basotho children are sold to international
adoptive parents, which is gradually changing. Adoption is however still not popular as
Basotho parents don't give children up for adoption or take them in when for instance,
they are unable to give birth to their own children. Part of the stigma attached to
adopting a child as a Basotho is the possibility of receiving a child who is HIV positive.
There were only 41 adoptions in 2013 and of those 19 children were placed with
international parents.
Year
2013
2012
2011
Local adoptions
22
7
4
International adoptions
19
16
34
Source: Lesotho Intercountry Adoptions Authority
Insufficient investigations on children in residential care facilities are completed by
MoSD. This means that many children who are potentially adoptable are left residing in
institutions, rather than being placed with families. There are approximately 1475
children who reside in residential care facilities in Lesotho. Even if only half are
estimated as being adoptable, that is around 750 children who could instead live with
the support of an adopted family.