credits for the poorest people, of the national assistance program to indigenous
people and the social nets program for the poorest households.
f. Adoption:
151
152
153
154
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-
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In this area, there are no centralized data enabling a comprehensive assessment in
Benin. It is also difficult to estimate exactly the number of adopted children and the
evolution of adoption since the ratification of the ACRWC in Benin.
The Beninese legislation is favorable to adoption provided in Articles 336 and sec. of
the Law N°2002-07 of 24 August 2004 on Personal and Family Code.
The new above-mentioned Child Code, voted by the National Assembly on 26
January 2015 and waiting to be promulgated is also favorable to adoption and recalls
conditions, procedures and effects of adoption (Art.62 to 111); this in the sense of
integrating provisions of the Hague Convention on Inter-country Adoption that is
currently being ratified by Benin.
The current law on Personal and Family Code adopts the following main guarantees:
Authorization of two types of adoption: full adoption and simple adoption.
The best interest of children is the prior consideration to authorize adoption whatever
the form and remains a last resort solution for the welfare and development of
adopted children.
There is a mechanism by the action of legal authorities entitled to make a decision
authorizing or prohibiting any case of adoption, that permits then to supervise the
guarantee of the well-being of children on the basis of analysis of the file and in
compliance with legal and administrative procedures provided by the Personal and
Family Code;
The consent of fathers and mothers, parents and legal representatives is required for
the pronouncement of the decision of adoption by the judge.
A compulsory age of consent of concerned children is set to more than 12 years for
simple adoption (Art. 367 PFC) and to more than 15 years for full adoption (Art. 341
PFC).
From 2001 to 2013, 96 children were adopted. (Cyrille table)