Hilary Muza 
WE live in a society in which adoption is not talked about enough. Adoption can improve the lives of children who otherwise would not have the chance to be exposed to opportunities for self-development, however insignificant they may seem in the beginning.
Some of the most famous and influential people in the world were adopted. Steve Jobs, Nelson Mandela, Eric Clapton and Maya Angelou come to mind. If they had not been adopted, we might never have even known their names.
The preamble to the Hague Adoption Convention reads, “[t]he child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding. … [I]ntercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin.”
In this week’s article, I look at how children can be adopted in Zimbabwe. This includes adoption by adoptive parents both resident locally and in the diaspora. In this first part, I will set out the requirements for adoption. In the second part, I will look at how the adoption process plays out in court and what the effect of an adoption order is.
Firstly, however, we need to understand what adoption is.
What is adoption?
Adoption is legally defined as the act of one who takes another’s child into his/her own family, treating them as his/her own, and giving them all the rights and duties of his/her own child.
Adoption entails changing the identity of the adopted child. It involves a total shift in who is responsible for the child and what new socio-economic opportunities they stand to enjoy as a result of adoption. Of paramount importance, when it comes to issues relating to children, is the best interests of the child. The ultimate goal in the process of adoption is fostering and encouraging the child’s happiness, security, mental health and emotional development. Without it, the adoption process becomes an instrument for abuse rather than a tool for upholding the child’s best interests.
When is adoption necessary?
• When the child’s parents are unknown and there are no extended family members to care for them;
• When the child’s parents are unable to take care of the child and must rely on another relative.
• Abandonment for a variety of causes such as financial difficulties,
• While it is not specifically required, spouses may choose to adopt the biological child of the other spouse. They will share parental obligations and responsibilities for the child as if the child were born to both of them.
Who can adopt?
In terms of the Children’s Act, the following persons can adopt a child:
– Individuals over the age of 25,
– Individuals more than 21 years older than the child to be adopted,
– A relative to a child, which relative is living outside the country. A child living outside Zimbabwe can also be adopted by a relative living in Zimbabwe,
– Spouses can adopt each other’s biological children born from a previous relationship,
– An adult woman in the case that the child to be adopted is a girl. Men cannot individually adopt girls except in certain proven circumstances and with permission from Social Welfare.
– A foreigner, provided that they have been given relevant government approvals.
Adopting orphans
For the purposes of this article, I will draw a distinction between adoption orphans who happen to be relatives and those who are complete strangers to the adoptive parents.
Not every child in a Zimbabwean orphanage is adoptable, and there is no central record for identifying such children.
Only after acquiring adoption authorisation from the ministry of Public Service, Labour, and Social Welfare can prospective adoptive parents conclude that the child is eligible for adoption.
How the process works
Generally, there are two types of adoption, de facto and non de facto adoption. The former is where a couple adopts a child belonging to one of the spouses or who is related to the other spouse. This process takes about two (2) months. Under non de facto adoption, a complete stranger(s) adopts the child. This process usually takes three (3) months.
The first step is making an application to the Children’s Court as set out in Section 57(1) of the Children’s Act (Chapter 5:06).
This court is located at any local Magistrate’s Court. The Children’s Court will in turn refer the application to the district or provincial social welfare offices. A probation officer is appointed in terms of Section 57(2) Children’s Act (Chapter 5:06) by the Social Welfare department.
In next week’s article, I will explore how the vetting process for adoptions works and take you through the court proceedings resulting in an adoption order. I will also explain what an adoption order means to both the child and the adoptive parents.
Muza is a duly admitted lawyer with expertise in business advisory, labour law and commercial litigation. He writes in his personal capacity. For feedback, email him at hilarykmuza@gmail.com or call on +263719042628.
