KAMPALA INTERNATIONAL UNIVERSITY

SCHOOL OF LAW
MEMBERS OF GROUP 4

COURSE: BACHELORS OF LAWS

CODE: LB
COURSE UNIT: FAMILY TWO
LECTURER: MS. NAMBOOZO
COURSE WORK. YEAR 2, SEMESTER 2

GROUP MEMBERS
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1 NAMUTEBI PRISCILLAR 2023-01-13586
2 WALYAMBOKA KENNETH 2023-01-14368
3 OKELLO STEPHEN JEFFERSON 2023-01-14743
4 NEGOMBYE MASITULAH 2023-01-14982
NAKABUGO
5 NANSUBUGA JUSTINE 2023-01-14074
6 KOMUSHANA RACHAEL 2023-01-14610
7 SEKABIITO NOAH 2023-01-13796
8 NASSOLO IRENE 2023-01-15020
9 AHUMUZA FAITH 2023-01-15220
10 KAKEMBO FAHAD 2023-01-14131
Adoption in law refers to the legal process where an individual or couple
assumes parental responsibility for a child, granting them the same rights
and obligations as a biological parent. Scholars, cases, and legal positions
have shaped the concept of adoption in various jurisdictions.

Adoption according to Black’s Law dictionary 9 th Edition is the creation of a

parent child relationship by Judicial order between two parties who are
unrelated were one who takes another child into his / her own family treating
him/her as her own and giving him or her all the rights and duties of his own
child.

Scholars' perspectives: Adoption is a legal process that creates a parent-

child relationship between individuals who are not biologically related."
(Katherine T. Bartlett, 2017)
Adoption is a mechanism for providing a stable and loving family
environment for children who cannot be cared for by their biological parents.
(Carol S. Bruch, 2006)

Legal position: - Adoption is a statutory creation, governed by state or

national laws that vary across jurisdictions. In Uganda, the legal position on
adoption is governed by the Children Act (2016) and the Adoption
Regulations (2016). Here are the key qualifications and procedures:
- The legal position on adoption emphasizes the child's best interests,
ensuring their physical, emotional, and psychological well-being.
- Adoption can be classified into types, such as:
- Domestic adoption
- International adoption
- Open adoption
- Closed adoption
- Step-parent adoption

SECTION 86(1) (a-b) provides for the jurisdiction of adoption which inter
alia states that an adoption for an adoption order may be made to a chief
magistrate’s court within the jurisdiction of which the applicant or the child
resides where both the child and the applicant are citizens of Uganda. And to
the high court where the child or the applicant is not a citizen of Uganda and
the court may subject to this act grant the application
Section 86 (2) A child need not be a Ugandan to be adopted under this act.
Pre requisites for Adoption
1.Age Section 87 (i) (a)
inter-alia provides that an adoption order maybe granted to a sole applicant
or jointly to spouses where the applicant or at least one of the joint applicant
has attained the age of 25years and is at least twenty-one years older than
the child.

In the matter of Sidney Stephen n Harper & Wendy Annette Harper

Adoption Cause No. 0001 of 2018. The petitioners in this case are aged
48 and 47 years respectively while the child Musinguzi Davis Alias Elijah
David Happer is approximately three years old. Both of them are over
25years older than the child. They fulfill the age requirement under Section
87 (i) (a) of the Children Act hence granting them the adoption order.

2. Consent (Spousal) Section 87 (i) (b) providers that in the case of an

application by one of the spouses, the other has consented to the adoption.
However section 87 (2) of the children Act provides that court may dispense
with spousal consent where spouse whose consent is required cannot be
found or is incapable of giving consent it was in the matter of Victoria
Namutosi mother was mentally ill and unable to give consent, or spouse are
separated and living apart and the separation is likely to be permeant.

3. Sex of the applicant Section 87 (3) provides that an adoption order

shall not be made in favor of a sole male applicant in respect of a female
child or in favor of a sole female applicant in respect of a male child. Unless
the court is satisfied that there are special circumstances that justify as
exceptional measure, the making of an adoption order.

Re Edith Nassazi Adoption Cause No. 4 of 1997 on exceptional

circumstances. In the matter Edith Nassazi (infant) and in the matter of an
Adoption cause 4 / 9.. the application was made by a sole male applicant
in respect of a female child. There were however special circumstances
justifying the grant of the order, such as infant was physically handicapped
needing specialized care and equipment to assist her condition
 Applicant had been a defacto guardian to the child since 1993 and
there was evidence the child was looked after very well.
  No other person was willing to provide the care and maintenance
needed
 The applicant had vast experience in looking after the physical
handicapped girl
 There was an age difference of 44 years between the child and
applicant, applicant was married settled and had obtained the wife’s
consent to the adoption of the child.
4. Foster care. Section 87 (4) provides that the application shall not be
considered unless the applicant has fostered the child for a period of not less
than twelve months under supervision of probation and social welfare officer.

In Derrick Mugoya, Okola Wily, Edward Kabuyo (Children) Adoption

cause No. 69 of 2007 the learned Judge noted that Section 87(4) is only
discretionary and mandatory and period can be waived if it is in the best
interest of the child. However, case law has gone ahead to show that the
fostering can only be done away with were special circumstances exist that
necessitate the best interests being taken into consideration and may only
be dispensed with exceptional circumstances.
Consent of the child
Under section 90 (5) of the act where in the view of the court a child is
able to understand the adoption proceedings then his or her views shall be
taken into consideration.

Section 90 (6) of the Act on the other hand makes it mandatory to obtain
the consent of the child to express his or her wishes. Also Article 12 of the
United Nations Convention on the rights of child 1989 on the
requirement of members states to ensure that a child who is capable of
forming his or her own views on such proceedings is given a chance.

Recession of adoption order

Under section 89 (1) of the children Act an adoption order may be
rescinded by a court of competent jurisdiction on application;
Adopted child
 A parent of the adopted child or other person who was a guardian in
respect of the child immediate before the adoption
 The adoptive parent of the child
 Any person who consented to the adoption
 The ministers in the case of an inter country adoption or
 Any other person with justifiable reason
The order for adoption maybe rescinded only if the recession is in the best
interest of the child or the order was obtained through fraud or
misrepresentation Section 89(2) (a & b)

Upon recession of the order the child will be for all intents and purposes as
on that has never been adopted before and the responsibilities that had
been terminated by the order previously will be restored Section 89 (3) (a &
b)
Upon rescission, the court may make an appropriate placemat order in
respect of the child concerned or order that the child be kept in temporally
safe custody until an appropriate order is made by the court of court may
make an another order where necessary for the restoration of the child.

The pre requite are slightly more stringent than in circumstances where the
parties are Ugandan nationals under Section 88
Section 88 (i) A person who is not a citizen of Uganda may in exceptional
circumstances adopt a Ugandan child if he or she
Has stayed in Uganda for at least one year

In the matter of Yvonne Kabahuma (An infant) adoption cause No.1 od

1995 in these case court strictly applied the residence requirement and
regrettably the applicant who were not permantely resident in Uganda were
denied an order for adoption.

Has fostered the child at least one year under surprising of a probation and
social welfare officer. In the matter of Sidney Stephen Harper & Wendy
Harper (Applicant adoption Cause No 001 of 2018 adoption order was
granted after nine months of adopter care by applicants.
 The applicants had lived in Uganda for 4 years undertaking missionary
work in Arua
 Doesn’t have criminal record
 Has s recommendation concerning his or her suitability to adopt a child
from his or her contry probation and welfare office or other competent
auototity
 Has satisfied court that his or her country of origin will respect and
recognize the adoption order
 The restrictions and conditions in Section 87, other than subsections
(4) & (5) apply to an application to which this section relate.

Other General requirements

Consent of the parents
Section 90 (1) & (2) of the Children Act, the consent of the child’s
parents is necessary if the parents are known but it may be dispensed with
the court at its discretion in exceptional circumstances if the parents are
capable of giving it or are dead but the consent may be revoked at any time
before the pronouncement of the adoption order.
In the matter of Peter Ssebuliba (An Infant) Misc Cause No37 of 2009
court noted that the consent to adoption is very important document
because it is in that, that the parents or guardians of the child to be adopt or
vest their parental rights in the adoptive parent… it is for this reason the
provisions requiring adoption is couched in mandatory terms. Section 89(4)
( a & b)

Pleadings in adoption proceedings

An application for adoption is by way of petition at rule 3 of the children
adoption act of child Rules S1-S9-1 the statements in the petition must be
verified by an affidavit to which is annexed certificates and other documents
proper for proposing all allegations in the petition (Rule 7)
The petition in presented in person exparte by the petitioner or advocate to
a judge or magistrate sitting in chamber and hearing must be attended by
the probation and social welfare officer under where supervision the child
was transferred.

Key notes as a counsel to know if your client wants to adopt are noted below;
Who qualifies to adopt and what are the procedures in Uganda
1. Age: The adoptive parent(s) must be at least 25 years old and not more
than 55 years old.
2. Marital status: Married couples, single individuals, and same-sex couples
are not eligible to adopt (due to the current legal framework).
3. Income: A stable income is required to ensure the child's financial
security.
4. Health: Adoptive parents must be physically and mentally healthy.
5. Criminal background: A clear criminal record is required.
6. Residency: Adoptive parents must be residents in Uganda.

Section 92 Rules as to procedure for adoption

(1)The chief justice may, by statutory instrument, make rules regarding
all matters under this part and the procedure to be followed by the
court in adoption proceedings
 (2)Without prejudice to the general effect of subsection (1), the rules may
provide for
(a) The admission of documentary evidence of any consent to adoption;
(b)The admission of evidence, documentary or otherwise, to determine
the age of the child;
(c) The preparation of a report for the court by a probation and social
welfare officer, to help in the determination of whether the adoption
order will be for the welfare and best interests of the child; and
(d)The conduct of adoption societies or similar bodies in placing
children for adoption

Procedures:
To initiate the adoption process in Uganda, you will need to file several
papers and follow a specific procedure.
1. Initial Application: Submit an adoption application to the Department of
Social Welfare or a licensed adoption agency. You will need to provide:
- A written application letter
- A copy of your passport
- A copy of your marriage certificate (if applicable)
- A copy of your birth certificate
2. Home Study: A social worker will conduct a home study to assess your
suitability as adoptive parents. You will need to provide:
- Information about your family, income, and lifestyle
- References from friends, family, or professionals
- Police clearance
- Medical certificates
3. Matching: The adoption agency or Department of Social Welfare will
match you with a child. You will need to provide:
- A written acceptance of the match
- A copy of your passport
- A copy of your marriage certificate (if applicable)
4. Meetings and Introductions: You will meet the child and the birth
parents (if applicable). You will need to provide:
- A written report of the meetings
- A copy of your passport
- A copy of your marriage certificate (if applicable)
5. Placement: The child will be placed in your care. You will need to
provide:
- A written report of the placement
 - A copy of your passport
- A copy of your marriage certificate (if applicable)
6. Post-Placement Supervision: Regular visits and supervision may occur
to ensure the child's well-being. You will need to provide:
- Written reports of the supervision visits
- A copy of your passport
- A copy of your marriage certificate (if applicable)
7. Legal Finalization: The adoption will be finalized through a legal
process, granting you full parental rights. You will need to provide:
- A written application for legal finalization
- A copy of your passport
- A copy of your marriage certificate (if applicable)
- A copy of the child's birth certificate

Additional requirements:
1. Police clearance: Adoptive parents must obtain police clearance.
2. Medical certificate: Adoptive parents must provide a medical certificate.
3. Proof of income: Adoptive parents must provide proof of income.
4. Consent: The birth parents or guardians must give consent for the
adoption.

A foreigner can adopt a child from Uganda through the following

steps:
1. Choose an adoption agency: Select a licensed adoption agency in your
home country that has a partnership with a Ugandan adoption agency.

2. Meet the eligibility criteria: Ensure you meet Uganda's adoption

eligibility criteria, including age, income, and marital status requirements.
3. Home study: Complete a home study with your chosen adoption agency,
which includes a written report and interviews.
4. Dossier preparation: Prepare a dossier with required documents, such
as:
- Passport
- Birth certificate
- Marriage certificate (if applicable)
- Divorce or death certificate (if applicable)
- Police clearance
- Medical certificate
- Income proof
- Home study report
5. Submission to Ugandan authorities: Your adoption agency will submit
your dossier to the Ugandan authorities, including the Department of Social
Welfare and the High Court of Uganda.
6. Matching: The Ugandan authorities will match you with a child,
considering factors like age, gender, and special needs.
7. Travel to Uganda: Travel to Uganda to meet the child and complete the
adoption process.
8. Legal proceedings: Attend court hearings and complete the legal
adoption process.
9. Post-adoption procedures: Complete post-adoption procedures,
including a post-adoption report.

The whole procedure typically takes 12-24 months, depending on factors like
the complexity of the case and the efficiency of the adoption agency.
Additionally, foreigners should be aware of the following requirements:
Residency: You may be required to reside in Uganda for a certain period
during the adoption process.
Travel: You will need to travel to Uganda multiple times during the adoption
process.
Fees: Adoption fees, legal fees, and other expenses will apply.
Post-adoption support: You may be required to provide post-adoption
support and reporting.

If a parent in Uganda wishes to give up their child for adoption to a

foreigner, the following steps can be initiated:
1. Counseling: The parent should receive counseling to ensure they
understand the adoption process and its implications.
2. Consent: The parent should provide written consent for the adoption,
which will be witnessed by a legal representative.
3. Choose an adoption agency: The parent or the foreigner should select
a licensed adoption agency in Uganda to facilitate the process.
4. Home study: The foreigner should complete a home study with their
chosen adoption agency, which includes a written report and interviews.
5. Dossier preparation: The foreigner should prepare a dossier with
required documents, such as:
- Passport
- Birth certificate
- Marriage certificate (if applicable)
- Divorce or death certificate (if applicable)
- Police clearance
 - Medical certificate
- Income proof
- Home study report
6. Submission to Ugandan authorities: The adoption agency will submit
the dossier to the Ugandan authorities, including the Department of Social
Welfare and the High Court of Uganda.
7. Matching: The Ugandan authorities will match the child with the
foreigner, considering factors like age, gender, and special needs.
8. Legal proceedings: The foreigner should attend court hearings and
complete the legal adoption process.
9. Post-adoption procedures: The foreigner should complete post-adoption
procedures, including a post-adoption report.

It should be noted that:

- The adoption process in Uganda can take 12-24 months.
- The foreigner should be prepared to travel to Uganda multiple times during
the process.
- Adoption fees, legal fees, and other expenses will apply.
- Post-adoption support and reporting may be required.

Advantages of Adoption:
1. Providing a loving home: Adoption provides a child with a stable and
loving family environment.
2. Legal security: Adoption gives the child legal rights and protections.
3. Emotional benefits: Adoption can bring joy and fulfillment to both the child
and the adoptive parents.
4. Cultural diversity: Adoption can enrich a family's cultural heritage and
expose them to new experiences.
5. Social benefits: Adoption can provide a sense of belonging and
connection to a community.

Limitations of Adoption:
1. Emotional challenges: Adoption can involve complex emotional issues,
such as attachment and identity formation.
2. Legal complexities: Adoption laws and procedures can be intricate and
time-consuming.
3. Financial costs: Adoption can be expensive, including agency fees, legal
costs, and travel expenses.
4. Wait times: The adoption process can be lengthy, leading to uncertainty
and frustration.
5. Birth parent relationships: Adoption can involve complex relationships
with birth parents, including potential ongoing contact.
6. Child's adjustment: Adopted children may face adjustment challenges,
such as cultural and identity issues.
7. Socio-cultural issues: Adoption can raise socio-cultural concerns, such
as cultural identity and community acceptance.
8. Support system: Adoptive families may need additional support and
resources to navigate the adoption journey.

Section 94 Effect of adoption order

Upon an adoption order being made
a) All rights, duties, obligations and liabilities of the parents and
guardians in relation to the future custody, maintenance and education
of the child, including all rights to appoint a guardian and to consent or
give notice to consent to marriage, are extinguished; and
b) There shall vest in, and be exercised by, and enforceable against the
adopter all such rights, duties, obligations and liabilities’ in relation to
the future custody, maintenance and education of the child as would
bets in him or her if the child were the natural child of the adopter born
to him or her in lawful wedlock

In conclusion Adoption is a complex and multifaceted legal process in

Uganda, governed by the Children Act (2016) and the Adoption Regulations
(2016). While adoption provides a loving home for children in need, it also
raises important legal and ethical considerations.

Hypothetical analysis reveals that the legal position in Uganda prioritizes the
best interests of the child, requiring consent from biological parents and
ensuring the child's welfare. However, limitations include emotional
challenges, legal complexities, and financial costs.

To improve the adoption process in Uganda, it is recommended to:

1. Streamline legal procedures
2. Increase transparency and accountability
3. Provide support systems for adoptive families
4. Ensure cultural sensitivity and awareness
5. Promote public education and awareness about adoption
By addressing these areas, Uganda can ensure that adoption is a positive
and enriching experience for children, biological parents, and adoptive
families alike.