Adoption in Ghana

ADOPTION

What are the legal steps involved in the adoption process in Ghana?

Adoption is a legal process through which an individual can become the parent of a child who is not their biological offspring. In Ghana, the procedures for adoption are governed by specific laws and regulations. The Children’s Act 1998 (Act 560), as amended by the Children’s (Amendment) Act 2016 (Act 937), the Adoption Regulations 2018 (L.I.C.I.42, 2360), the Adoption Rules, 2003 (C.I. 42), and the High Court (Civil Procedure) Rules, 2004 (C.I. 47) provide the legal framework for adoption in Ghana.

Adoption is based on the principle that it should be in the best interest of the child and that the child must be legally adoptable. It involves the transfer of all legal rights, duties, responsibilities, and liabilities from the biological parent or guardian to the adoptive parents. To initiate the adoption process in Ghana, either the mother or father of the child can apply for an adoption order on behalf of the child, either individually or jointly with their spouse.

The legal procedures for adoption involve submitting an application to the appropriate authorities, providing necessary documentation, and undergoing assessments to determine the eligibility and suitability of the prospective adoptive parent(s). The documents required typically include birth certificates, medical reports, police clearance reports, proof of employment or income, character references, and photographs. The Social Welfare Department conducts a home study and prepares a Home Study Report, which evaluates the applicant’s ability to provide a suitable home and care for the child. Additionally, a child study is conducted to assess the child’s adoptability.

Prospective adoptive parents are also provided with psycho-social services and training programs to prepare them for the adoption process. These services cover various aspects such as emotional and social factors, child upbringing, child development, child rights, and family participation.

Once the assessment process is completed, the department matches eligible and suitable applicants with adoptable children based on the Home Study and Child Study reports. The prospective adoptive parent(s) have the option to accept or reject the match. If they accept, a meeting is arranged between the prospective adoptive parent(s) and the child.

After the match is accepted, the child is placed with the adoptive parent(s) for a trial period of at least one month under the supervision of the Social Welfare Department. Consent from the child, if they are 14 years or older, and all necessary parties, such as parents, guardians, or other relevant persons, must be obtained during this period.

To obtain an adoption order, an application must be made to the High Court, accompanied by a Social Enquiry Report from the Social Welfare Department. The Court reviews the application, ensures that all necessary consents have been obtained, considers the child’s wishes if they are capable of expressing an opinion, and determines whether the adoption is in the child’s best interest.

Once the adoption order is granted, the adoptive parents assume all legal rights and responsibilities for the child, and the biological parents’ rights and obligations are terminated.

In what situations does a child meet the criteria to be considered eligible for adoption?

A child can be considered for adoption if the following conditions are met:

• The child is below the age of eighteen.
• The child is in need of care and protection.
• The child is placed under a care order.
• After exploring alternative care options, adoption is deemed the most suitable choice.

In certain situations, a child may be available for adoption even if they are not under a care order, and all other care options have not been exhausted. In such cases, the following individuals may be eligible to adopt the child:

• The spouse of the child’s parent.
• A relative of the child.
• Adoption may also be considered in exceptional circumstances that warrant the adoption of the child.

What are the qualifications for individuals or couples to be eligible for adopting a child?

An individual is considered eligible for adopting a child when they fulfill certain criteria regarding age, health, and other qualifications. The specific requirements may differ depending on factors such as the applicant’s country of origin, marital status, gender, and whether they are applying alone or with a spouse.

Typically, the applicant or applicants must meet the following criteria:

• For domestic adoption, the age range is generally between 25 and 55 years, with a minimum age difference of 21 years between the applicant and the child.
• In the case of intercountry adoption, the age range is usually between 25 and 50 years, with a minimum age difference of 21 years between the applicant and the child.
• Relative adoption usually requires the applicant to be between 21 and 65 years of age.
• If the applicant is applying as a single person, they must either be a Ghanaian citizen or a non-Ghanaian residing in Ghana.
• For domestic adoption, the applicant must be a habitual resident of Ghana.
• A notification to the Department of Social Welfare must be submitted at least 3 months prior to applying for an adoption order for the child.
• In the case of fostering, the child must have been continuously under the care and custody of the applicant for a minimum of 2 consecutive years preceding the date of the adoption order.
• The applicant must be declared eligible and suitable to adopt the child.
• In situations involving a male applicant, an adoption order may be granted if the application pertains to a son, or if the court determines that special circumstances justify the order.

Various adoption types in Ghana

There are two main types of adoption recognized by the law in Ghana. These include:

1. In-Country Adoption: In-country adoption refers to the process through which a person residing in Ghana can adopt a child within the country. The adoptive parent and the child are both ordinarily resident in Ghana.
2. Intercountry Adoption: Intercountry adoption occurs when a person residing in a different country seeks to adopt a child from Ghana and bring them to their country of residence. This form of adoption is primarily governed by the Hague Convention of May 29, 1993, on the Protection of Children and Co-operation in Respect of Intercountry Adoption. Ghana became a contracting state to this convention in January 2017.

These two types of adoption provide options for individuals based on their residency and whether they are adopting a child within Ghana or from another country under the framework of the Hague Convention.

The prerequisites for domestic adoption within Ghana

In-country adoption refers to the adoption process within Ghana, where a person permanently residing in the country seeks to adopt a child and intends to reside with the child in Ghana. To be eligible for in-country adoption, individuals must meet the following requirements:

• Age Eligibility:

• The adoptive parent must be between the ages of 25 years and 55 years, or at least 21 years older than the child at the time of placement.
• For relative adoption, the adoptive parent must be between the ages of 21 years and 65 years at the time of placement.

• Residency:

• The adoptive parent must be habitually resident in Ghana.

• Medical Fitness:

• A registered medical practitioner from an authorized health institution must declare the adoptive parent medically fit.

• Criminal Background:

• The adoptive parent must not have any convictions related to child offenses or any other offense that could be detrimental to the child’s development.

• Sustainable Means of Livelihood:

• The adoptive parent must have a sustainable source of income or means of livelihood.

• Commitment to Child’s Rights:

• The adoptive parent must uphold and support the basic rights of the child as provided under the Children’s Act.

Meeting these requirements is essential for individuals seeking in-country adoption in Ghana. It ensures that the adoptive parent is capable of providing a suitable and nurturing environment for the child within the country.

The process of applying for adoption

If someone is interested in adopting a child in Ghana, they must submit an application to the Social Welfare Department in their respective region. The application should be completed using the provided form and accompanied by the following documents:

• Applicant’s Medical Report: A medical report of the prospective adoptive parent is required.
• Applicant’s Police Clearance Report: A police clearance report of the prospective adoptive parent is necessary.
• Applicant’s Birth Certificate: The birth certificate of the prospective adoptive parent must be provided.
• Employment Evidence or Income Statement: The applicant should submit evidence of their employment or an income statement.
• Guardian Ad Litem Commitment Forms: Two guardian ad litem commitment forms must be included. Guardian ad litem is a person appointed to act as the child’s guardian and assumes responsibility in the absence of the adoptive parent.
• Character References or Recommendation Letters: Two-character references or recommendation letters from individuals who can vouch for the applicant’s suitability to adopt are required.
• Pictures: Pictures of the applicant, their family, and their home should be provided.
• Relative Adoption Documentation: If the adoption is a relative adoption, the consent of the child’s parent and proof of the level of consanguinity must be included.

By completing the application form and providing the necessary documents, individuals can initiate the adoption process in Ghana. The submission of these materials is crucial for the evaluation and consideration of the adoption application by the Social Welfare Department.

Evaluation of the home, child, and applicant’s eligibility in the adoption process

Once the application is received and reviewed, the Social Welfare Department initiates the process by conducting a thorough home study on the applicant. The purpose of the home study is to assess the eligibility and suitability of the prospective adoptive parent to provide a suitable home for the child. A comprehensive Home Study Report is prepared and submitted to the Authority, which includes recommendations based on the assessment.

The home study focuses on the following areas:

• Evaluation of the applicant’s parenting capacity
• Assessment of the willingness of the applicant’s family to accept the prospective adoptive child.
• Inclusion of any other pertinent information deemed significant by the Authority and courts.

Additionally, the Department carries out a child study on the child who is to be adopted. A Child Study Report is prepared and submitted to the Authority, containing recommendations regarding the adoptability of the child. Upon receiving the application and considering the recommendations from the Home Study Report and Child Study Report, the Authority determines the applicant’s eligibility and suitability to adopt a child. Simultaneously, the Authority assesses the adoptability of the child based on the recommendations in the Child Study Report. The Authority communicates its decision to the applicant within a period of six weeks from the date of receipt.

If the Authority determines that the applicant is eligible, their names are entered in the Prospective Adoptive Parent Section of the adoption register. In the case of ineligibility, the Authority provides reasons for their decision. If the applicant is dissatisfied with the decision, they have the right to appeal to the adoption board within 28 days of receiving the decision.

Psychosocial Support for Prospective Adoptive Parents

To assist Prospective Adoptive Parents (PAPs) in their adoption journey, comprehensive psychosocial services are offered. These services aim to address various aspects of the PAPs’ emotional, social, and mental well-being, among other essential factors. The objective is to help them make an informed decision about whether adoption is the most suitable option for them.

The psychosocial support service encompasses the following:

1. Emotional and Mental Well-being: PAPs receive assistance in managing their emotions and mental health throughout the adoption process. This support helps them navigate the challenges and uncertainties that may arise.
2. Social Considerations: PAPs are guided on the social implications of adoption and how it may impact their family dynamics, relationships, and societal perceptions. Advice is provided to help them navigate these aspects effectively.
3. Decision-Making: PAPs are provided with guidance and counseling to help them assess whether adoption is the best choice for their circumstances. They receive comprehensive information about the adoption procedure, required documentation, and the responsibilities involved.
4. Evaluation of Parental Ability: The service assesses the PAPs’ capacity and potential to meet the needs of the child who requires adoption. This evaluation includes considering factors such as the PAPs’ willingness to accept siblings or children with special needs, if applicable.

The aim of these psychosocial services is to ensure that PAPs are well-prepared and equipped to provide a nurturing and supportive environment for the adopted child. By addressing emotional, social, and other crucial factors, PAPs can make informed decisions and embark on a successful adoption journey.

Adoption Preparation Program

As part of the preparation process for Prospective Adoptive Parents (PAPs) in anticipation of child placement and subsequent adoption, either the Department or an authorized agency arranges a comprehensive training program. This program aims to equip the applicants with essential knowledge and skills related to adoption and child rearing.

The training covers the following key areas:

1. Adoption, Bonding, and Attachment: PAPs receive guidance on the importance of creating strong bonds and attachments with the adopted child, understanding the unique dynamics of the adoption process, and promoting a sense of belonging within the family.
2. Upbringing of a Child: PAPs are provided with valuable insights and techniques for effective parenting, including nurturing a child’s physical, emotional, and cognitive development, establishing routines, and fostering a supportive and loving environment.
3. Child Development Issues: PAPs gain knowledge about various aspects of child development, such as milestones, age-appropriate activities, and addressing challenges that may arise at different stages of a child’s growth.
4. Prevention of Child Rights Violations: The training emphasizes the importance of safeguarding and advocating for the rights of the child, promoting their well-being, and preventing any form of abuse or neglect.
5. Child Participation in Family Activities: PAPs are encouraged to understand the significance of involving the adopted child in family activities, fostering their sense of inclusion, and promoting their active participation in decision-making within the family unit.
6. Other Relevant Topics: The training may also cover additional matters deemed relevant by the Department to ensure that PAPs are well-informed and equipped to meet the unique needs of the adopted child.

The training program typically spans a minimum of 30 hours and may be conducted for groups of applicants or on an individual basis. Upon completion, PAPs receive a certificate acknowledging the skills and knowledge they have acquired, validating their readiness for the adoption journey ahead.

The process of matching and preparing for placement in adoption

In order to maximize the chances of compatibility and a successful adoption, the Department undertakes the task of matching an eligible and suitable prospective adoptive parent (PAP) with an adoptable child, taking into consideration the Child Study and Home Study reports. The PAP is given the opportunity to accept or reject the proposed match. If the PAP chooses to decline the match, they are required to provide written reasons for their decision. In such cases, the Authority may initiate a new matching process to find another suitable adoptable child for the PAP.

On the other hand, if the PAP accepts the proposed match, the Department proceeds to arrange a meeting between the PAP and the child. Prior to this meeting, the child, who is the subject of adoption, receives counseling to help them understand the concept of adoption and receive the necessary support to facilitate their adjustment to the new environment. This counseling session also includes an introduction to the prospective adoptive parent and their way of life.

If the meeting between the PAP and the child yields positive outcomes, the Director of the Department issues a placement authorization. This authorization allows the child to be placed with the PAP for a trial period of at least one month. During this trial period, the Department provides supervision to ensure the well-being of the child and to assess the compatibility and suitability of the placement. This period serves as a preparatory phase before the commencement of the legal proceedings.

By following this matching and preplacement process, the Department aims to facilitate the creation of successful and harmonious adoptive families while prioritizing the best interests of the child.

Child’s Agreement for Adoption

Throughout the pre-adoption placement period until the completion of the adoption process, an adoptable child is under the supervision of a Department officer. In determining the child’s best interests, the Department takes into account the preferences of a child aged 14 years or older who is capable of expressing their opinion. If the child is 14 years or above and is capable of forming an opinion, their consent is required and must be given in the appropriate form, unless the child is unable to provide an opinion due to incapacity.

Parental and Guardian Consent in Adoption

In order for an adoption order to be granted, the consent of both parents is generally required, unless one parent is unknown, deceased, or cannot be located. If the child to be adopted is under the care of a guardian, the guardian’s consent is necessary. Additionally, the consent of any person who holds rights or obligations regarding the child through an agreement, court order, or customary law must also be obtained. When a married person is the sole applicant, the consent of their spouse is required.

However, there are circumstances where the consent of a parent, guardian, or other person can be dispensed with, including if they have neglected or mistreated the child, cannot be found, are incapable of giving consent, or unreasonably withhold consent.

Social Enquiry Report

As part of the documentation prepared by the department regarding an adoptable child, the Social Enquiry Report provides a comprehensive overview. It includes information on the child’s background, current circumstances, and the factors that led to the care order being issued. Furthermore, it details the adoption process undertaken by the prospective adoptive parent.

The Social Enquiry Report assists the court in determining whether granting the adoption order is in the best interest of the child. It also helps the court ensure that the prescribed procedures for seeking the adoption order have been followed diligently.

Application for Adoption Order

To obtain an Adoption Order, an application must be made to the High Court. The application should be accompanied by a Social Enquiry Report prepared by the Department. Prior to granting the adoption order, the Court must ensure that all pre-adoption procedures have been followed. The Court must be satisfied with the following:

• All necessary consents have been obtained, and the individuals giving consent fully understand the legal implications of the adoption on their permanent relationship with the child.
• If the child is capable of forming an opinion, a written report on their wishes regarding the adoption, in the prescribed form, has been obtained.
• If the child is 14 years or older, their consent has been obtained in the prescribed form.
• The child has been under the care and custody of the applicant for a continuous period of at least 3 months preceding the date of the order.
• The adoption is in the best interest of the child.

The Court has the authority to impose conditions when granting the adoption order and may require the applicant to enter a bond to ensure necessary provisions are made for the child. The adoption order generally includes details such as the child’s date and place of birth, their name before and after adoption, the adopter’s name, sex, surname, address, citizenship, and occupation, as well as the date of the adoption order.

Post Adoption Process

Once the court grants the adoption order, the adoptive parent must obtain a new birth certificate in accordance with the order. Copies of the adoption order and the new birth certificate must be submitted to the Authority. Upon receiving these documents, the Authority will issue a Certificate of Conformity to the adoptive parent, certifying that the required processes have been followed and the necessary documents have been provided to the Authority.

Following the grant of the adoption order, the Department will continue to monitor and report on the adoptive family every six months for the first two years, and then annually for the following three years. If an in-country adoption has taken place and the adoptive family intends to leave the country with the child or transfer the child permanently to another country, written notice must be given to the Department at least thirty days in advance.

Revocation of Adoption Order

Although an adoption order has permanent consequences, the Court has the authority to revoke the order if it is proven that the order was obtained through fraud, misrepresentation, or the discovery of a disqualifying fact that, if known earlier, would have prevented the adoptive parent from obtaining the adoption order.

Intercountry Adoption

Intercountry adoption refers to the process in which an individual or family adopts a child from a country other than their country of habitual residence. In Ghana, the intercountry adoption process aligns with the principles outlined in The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption. Ghana became a contracting state of this convention in January 2017.

The paramount consideration throughout the process is the best interest of the child. The procedures generally adhere to the same laws, rules, and regulations as in in-country adoption. A child is eligible for intercountry adoption if they are legally adoptable and efforts to place the child in a foster or adoptive family within the country have been unsuccessful.

Eligibility and Suitability for Adoption

To qualify for adopting a child from Ghana through intercountry adoption, an individual must meet the following criteria:

• Age requirement: The prospective adoptive parent should be between the ages of 25 and 50, or at least 21 years older than the child being adopted.
• Medical fitness: The prospective adoptive parent must be declared medically fit by a qualified medical professional.
• Criminal background: The prospective adoptive parent should not have been convicted of a child-related offense or any offense that may adversely affect the child’s development.
• Character and integrity: The prospective adoptive parent should possess high moral character and demonstrate proven integrity.
• Eligibility under national laws: The prospective adoptive parent must be eligible to adopt according to the laws of their own country.
• Ability to provide care and support: The prospective adoptive parent should demonstrate the capacity to provide care and support for the child.
• Respect for child’s rights: The prospective adoptive parent must subscribe to the basic rights of the child as outlined in the relevant Act.
• Residency requirement: The prospective adoptive parent should be a resident of a country that is a party to the 1993 Hague Convention or has a bilateral agreement with Ghana.

Married couples are typically the only ones eligible to adopt a child through intercountry adoption. In the case of married couples, the application should be jointly filed with the spouse or with the spouse’s consent, as specified in the prescribed manner. Single individuals may only adopt a child through intercountry adoption if they are citizens of Ghana. Same-sex couples are not eligible to adopt a child through intercountry adoption due to the non-recognition of same-sex marriage under Ghanaian law.

Application for Intercountry Adoption

Individuals seeking to adopt a child through intercountry adoption must submit an application to the Central Authority, which is the Central Authority of the receiving state or the country of the applicant’s residence. The Central Authority is responsible for conducting a home study to assess the applicant’s eligibility and suitability for intercountry adoption. The Home Study Report evaluates the prospective adoptive parents’ home environment and lifestyle to ensure the child will be placed in a suitable home.

If the applicant is deemed suitable, the Central Authority will issue a letter of approval along with the Home Study Report, which will be forwarded to the Ghanaian Authority. The Ghanaian Authority will acknowledge receipt within 5 days and inform the Central Authority in the receiving state to procure and complete the application form.

The application must be completed in English using the appropriate form and submitted to the Ghanaian Authority through the Central Authority or an accredited adoption agency. The Authority will review the application to assess the applicant’s eligibility and suitability to adopt a child from Ghana. The application must be accompanied by the following documents:

• Home Study Report
• Formal consent letter from the Authority of the receiving state to adopt a child from Ghana.
• Health certificate of the applicant
• Police clearance report
• Evidence of employment and income statement
• Marriage certificate or evidence of marriage (if applicable)
• Copy of national identification
• Spousal consent (in the case of a married person applying solely)
• Character references or recommendation letters from two individuals
• Certificate of adoption training
• Pictures of the applicant, their family, and home
• Completed commitment forms from two guardians ad litem (Guardians ad litem are individuals appointed to act on behalf of the child in the adoption process)

Matching and Preplacement

Once the Ghanaian Authority is satisfied with the received application, it will match an eligible and suitable applicant with an adoptable child based on the child’s needs and the information provided in the applicant’s Home Study Report. The Authority will provide the applicant, through the Central Authority of the receiving state, with copies of the following:

• Child Study report
• Proof of consent
• Placement proposal
• Reasons for the placement of a specific child

The prospective adoptive parent has the option to accept or reject the match. In the case of rejection, the applicant must communicate their decision in writing, along with the reasons, through the Central Authority. Upon receiving the rejection and its reasons, the Ghanaian Authority may conduct a re-match for the applicant with another adoptable child.

Pre-Adoption and Social Enquiry Report Upon mutual acceptance and approval by the applicant and the Authority, the child will be placed with the applicant in the country for a trial period of at least one month. This trial period will be supervised by the Department before legal proceedings commence for the child’s adoption. In cases where a medical board authorized by the Authority determines that the child requires specialized medical care outside the country, the trial period may be waived. Following the trial period, the Department will prepare a post-placement report that must be submitted to the Authority for clearance to proceed with the adoption order.

Additionally, a social enquiry report will be prepared at the conclusion of the trial period and submitted as part of the adoption order application. This report will include information about the child’s background and the circumstances that initiated the adoption process. It will also assess whether the adoption process complied with the necessary statutory provisions.

Application for Adoption Order To seek an intercountry adoption order, the applicant must submit an application to the High Court in accordance with relevant statutes. The application should be accompanied by a Social Enquiry Report from the Department and an authorization from the Director, as required by the prescribed form.

In certain situations, the court may grant an interim adoption order allowing for the transfer of the child to the receiving state while the final adoption order is pending. However, if the Central Authority responsible for monitoring the adoptive family determines that the continued placement of the child is not in the child’s best interest, they will inform the appropriate authority to withdraw the child or take any other necessary legal actions as prescribed by law.

Post-Intercountry Adoption Procedures Upon the grant of the adoption order, the adoptive parent is responsible for:

• Obtaining a new birth certificate for the child in accordance with the adoption order.
• Submitting a copy of the adoption order and the child’s new birth certificate to the Authority.

Upon receiving the adoption order and the new birth certificate, the Authority will issue a Certificate of Conformity to the adoptive parent. This certificate confirms that the adoption process followed all required procedures and that the necessary documents have been provided to the Authority.

Before the child can be transferred to the Receiving State, the adoptive parent must apply for the required travel documents. Prior to applying for these documents, the adoptive parent must obtain clearance from the Department to transfer the child out of the country. It is important to note that no adoptive parent should take the adopted child out of the jurisdiction without proper clearance from the Director.

Once all the adoption processes have been completed, the Authority will enter into an agreement with the Central Authority of the receiving state to provide periodic reports on the adoptive family. These reports will be transmitted to the Authority every six months during the first two years and annually for the following three years after the adoption order has been granted.

While the adoption processes outlined in this article may appear lengthy and complex, they have been simplified by the Children’s (Amendment) Act, 2016 (Act 937). Anyone wishing to become a parent through adoption can seek legal guidance from a qualified lawyer to fulfill their aspirations of parenthood. It should be noted that the information provided about the different adoption processes is a summary and, in our opinion, sufficient to inform prospective applicants about the adoption process in Ghana.