g) Adoption and periodic evaluation of the child (article 24)
g1. Administrative, legislative and judicial measures
The Civil Code provides for two types of adoptions: simple adoption (sections 343 to 367)
and full adoption (sections 368 to 370). It is the second form that is more widespread
because the majority of adoption applicants are expatriates.
The CRC in its article 21 accepts adoption that takes into account the best interest of the
child.
In traditional society, the consent of the adopted child‟s parents and the adopting family is
sufficient. The best interests of the child are not considered.
g2. Limitations
These are linked to socio-cultural bottlenecks and the majority of the population‟s
ignorance of enactments. Consequently, there are very few, if not no, adoptions by
nationals.
Furthermore, some couples prefer to take in the child of a close relative than the child of
unknown parents.
Some also think that the judicial procedure of adoption is too demanding (conditions to be
met, constitution of a file).
g3. Achievements
International adoption is the most widespread. For greater efficiency of the monitoring
mechanism, candidates for adoption must first pass through the Association de
Sauvegarde de l’Enfance en Détresse (PAIDIA) which has signed a convention with the
Ministry of Women‟s Empowerment and Child Protection. Its mission is to coordinate the
adoption of Niger children by French couples.
Regarding the periodic evaluation of the placement of children, the Civil Code recognizes
that one of the divorced parents not granted custody of children may apply for a review of
the decision when he ascertains that the morality, education and health of the child are
jeopardized.
Ordinance No. 99-11 of 14 May 1999 is not very explicit on the periodic evaluation of
placement. In fact, section 35 states: “that the judge shall designate either a qualified
person or an approved socio-educative service, and entrust it with the task of
providing aid and counselling to the family to help it overcome the material and
moral deprivation it is facing”.
But as per the CRC and Charter, the judge of the juvenile court is always careful to ask for
a periodic evaluation, either mid-way or at the end of the placement measure. Upon
completion of this evaluation, the placement may either be terminated or renewed.
As far as children adopted outside the national territory, the onus of monitoring the
adoption reverts to the Ministry of Women‟s Empowerment and Child Protection.
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