Written by Andiswa Chabvepi ( LLB (Hons) (SA), CSR Manager)
So you wish to Adopt a Child in Zimbabwe?
Many people are unaware of the legal route of adoption of children in Zimbabwe and a number have even been deterred from exploring this route due to inadequate information. This is a brief guide for those who might consider adopting a child in Zimbabwe yet they have no idea where to even begin.
What is adoption?
A legal proceeding that creates a parent-child relation between persons not related by blood; the adopted child is entitled to all privileges belonging to a natural child of the adoptive parents (including the right to inherit). The child will also bear the surname of the adoptive parents. At this point I would like to highlight the difference between adoption and fostering.
Adoption is in most instances permanent in that it cuts off relations between a child and their biological family (if such family is present), children’s home or the custody of the government. This is to the extent that as the adoptive parent you can change the name of the child and they adopt your surname.
Fostering on the other hand is when one takes a child for a certain period of time, under their care in order to provide a home for them temporarily. During this time the foster parent will be in loco parentis. It could be for a few days like weekends or even holidays where after the child returns to their place of residence. As foster parent one does not take over legal responsibility of the child, one just helps nurture and raise the child. It is good way at times to evaluate and seek attachment with a child before one chooses a permanent arrangement of adoption.
What does the process of adoption entail?
A prospective adoptive parent who has not yet identified a child can approach the Social Welfare Department of the Ministry of Public Service, Labour and Social Welfare to notify the Probation officers and get registered as prospective parent(s). Substantial vetting is expected to be carried out from this point, and reasonably so.
If the prospective parent(s) have identified a child that they wish to adopt they have to approach the Social Services/welfare office and also file a Court Application for Adoption with the Children’s Court, within the Magistrates’ Court Division.
A general but wrong perception that only couples can adopt is prevalent amongst communities. Even single people can adopt as long as one is of the age of majority and has met some of the character requirements and expectations that will be outlined by the relevant officials at the Social Welfare offices and as will be determined by the Court sitting to determine the Application. However, being interested in adopting a child does not on its own qualify one as an automatic candidate to adopt, it’s just a starting point as there are requirements that have to be met. Prospective adoptive parent(s) who do not reside in Zimbabwe must obtain a residency waiver from the Ministry of Public Service, Labour and Social Welfare before the application can be approved.
Once a person notifies/registers with the Social Welfare Department they are put on a waiting list and an assessment is made by probation officers who will be assigned to that particular case. As a way to ensure that a child is not adopted by people with ulterior intentions, adoption requires extensive initial screening and court procedures. This assessment includes provision by the Zimbabwe Republic Police of a police clearance and a home assessment to ensure that the home is child friendly. Prospective adoptive parents should be of a fixed abode, and prove that they have the means or an income to provide for the child.
Verifiable references are required either from friends, family, workplaces or even church members or associates who can attest to whether an applicant is suitable to adopt. These references and other supporting documents are required in support of the application so as to ascertain eligibility of the adoptive parent(s). One has an option to specify whether they would like to adopt a boy or a girl, the race and also the age of the child. When all the requirements have been met and there’s a child available the child is placed in the care of the prospective parent(s). The Social Welfare department will make routine assessments and compile reports which will then be used in supporting a Court Application in the Magistrates Court.
It is generally advisable to engage the services of a legal practitioner if furtherance of the Court Application. The application is done in the Children’s Court and the court hearing is done in private to protect the identity of the child as provide for at Section 57(3) of the Children’s Act (Chapter 5:06).
The court may grant an Adoption Order after being satisfied that the child’s best interests are being met and that due process was followed. When an adoption order has been granted, a record is made at The Registrar General of Births and Deaths office and the name of the child can be changed.
