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Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 11 What about the parental rights and responsibilities of the child’s other birth parent (the non- custodian parent)?
It might be in the child’s best interests to terminate that parent’s parental rights and responsibilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
In other circumstances, it might be in the child’s best interests not to terminate the parental rights and responsibilities of either birth parent — so that parental rights and responsibilities are shared between the two birth parents and the step-parent.
One South African case has suggested that this approach would probably be in the child’s best interests in most circumstances. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, sections 170(1)(b) and 178(1) Centre for Child Law v Minister of Social Development 2014 (1) SA 468 (GNP) 3.3 Adoption process Step 1 The applicant is generally a suitable person to adopt a child.
The first step in adopting a child is to apply for assessment as a prospective adoptive parent.
The initial assessment does not relate to the adoption of a specific child, but to the general suitability of the applicant. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
An applicant who has been found suitable to adopt will be listed as a prospective adoptive parent in RACAP.
A social worker will then check to see if there is an adoptable child listed in RACAP whose needs could be met by that prospective adoptive parent.
The needs of the child will come first.
(1) Application to be a prospective adoptive parent A person who would like to adopt must apply to be listed as a prospective adoptive parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The application must be made on Form 17, which is appended to the Child Care and Protection Regulations.
The form must be given to a social worker who is designated to facilitate adoptions.
The application form requires information that can help the social worker make sure that the environment will be safe for children who may be adopted.
The application form also requests information that can guide appropriate matching between adoptable children and prospective adoptive parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The application form requires basic information about the applicant, including citizenship, residency status, marital status, religious affiliation, main languages spoken in the household and information about other adults and children in the household.
Applicants must also give information about their financial position and health, to show that they are in a practical position to take good care of a child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A “designated social worker” is a State or private social worker authorised by the Minister to carry out specific tasks.
Child Care and Protection Act, section 33 12 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption The applicants must also explain why they would like to adopt.
They may indicate their preferences regarding sex or age of an adoptive child, or indicate that adoption of a specific child is contemplated (such as a child of a relative). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The application must also indicate whether the applicant is seeking a “disclosed” or “non-disclosed” adoption, and whether the applicant would be willing to allow contact between the child and his or her biological family members and other persons with an interest in the well- being and development of the child – IF such contact is in the best interests of the child AND regulated by a formal adoption plan. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Note that it is possible to have a “disclosed” adoption without agreeing to contact with birth parents or other biological family members; disclosure and contact are separate matters.
Applicants must submit police clearance certificates for themselves and, if requested by the social worker doing the assessment, for any other person (adult or child) who resides in the household.
This police clearance certificate will show that these persons have not been convicted of certain serious crimes. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
(These crimes listed in the box on page 9).
Police clearance certificates are explained in detail in Chapter 27 of this Guide.
Child Care and Protection Act, section 170(5) Child Care and Protection Regulations, regulation 59(1), Form 19A A “disclosed” adoption is one where the applicant is willing to allow his or her identity to be known to the child’s biological parents, and to allow the identity of the child’s biological parents to be known to the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
In a “non-disclosed” adoption, this information is not revealed.
But all adopted children have the right to access information about the identity of their birth parents from the Adoption Register when they reach the age of majority. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Special requirements for non-Namibian applicants who are habitually resident in Namibia Non-Namibian citizens who are habitually resident in Namibia must provide the following additional information in their applications for assessment as prospective adoptive parents: I information about the laws on adoption in the applicant’s country or countries of citizenship I a letter from an appropriate authority in the appli cant’s country or countries of citizenship, confirm ing that the adoptive child will be entitled to enter and remain in the country or countries in question I date of taking up residence in Namibia; I the intended duration of stay in Namibia I employment details I ownership of movable and immovable property in Namibia I a police clearance certificate from the country or countries of citizenship and from any other country where the applicant has resided during the last ten years (in addition to a police clearance certificate for Namibia). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The appropriate authority will be the central authority if the country in question is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (dis cussed in section 4 of this chapter).
Otherwise, it will be the country’s embassy or consulate. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 13 Summary of documents to include in an application to be a prospective adoptive parent If a married couple is applying to adopt a child jointly, they must each provide the documents listed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Namibian applicants I certified copy of Namibian ID (or passport or other proof of Namibian citizenship) I police clearance certificate for applicant I police clearance certificate for other persons living in the household (if requested by the relevant social worker) I medical or psychological assessment report on health of applicant (as requested by the social worker). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Non-Namibian applicants I documentation of legal residence in Namibia I medical or psychological assessment report on health of applicant (as requested by the social worker) I letter from the Central Authority or Embassy of the applicant’s country or countries of citizenship confirming that the adoptive child will be entitled to enter and remain in that country If the applicant’s country of citizenship is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, the letter must be from the country’s Central Authority. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I Namibian police clearance certificate for applicant (see section 238(5) of the Act) I Namibian police clearance certificate for other persons living in the household (if requested by the relevant social worker) I police clearance certificate for applicant from the country or countries of citizenship I police clearance certificate for applicant from any other country where the applicant has resided during the last ten years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
In both cases, the social worker might request additional information during the assessment.
This might include: I documentation of assets and liabilities (such as a bank statement) I documentation of employment I documentation of any property owned.
Child Care and Protection Regulations, regulation 59(2), 60(2), Form 19A Child Care and Protection Regulations, regulation 59(2), Form 19A I have lived in Namibia for ten years, but I am a German citizen. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I would like to adopt a Namibian child, so I need to make sure that Germany will recognise the adoption and allow my adopted child to live there permanently.
This is important to know in case I leave Namibia and return to live in Germany someday. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
14 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption (2) Assessment and decision by social worker Assessment: A social worker will assess the application to see if the applicant is suitable to be listed as a prospective adoptive parent.
A married couple who apply jointly to be adoptive parents will be assessed together.
They can adopt jointly only if both of them are approved as prospective adoptive parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The social worker may conduct any reasonable investigation to determine if the criteria for prospective foster parents are satisfied.
This must include referral of the applicant for medical or psychological assessment unless this would be impractical. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The social worker’s written assessment must include: I background information on the applicant I information on the applicant’s interpersonal relationships I a discussion of relevant physical and psychological issues I a discussion of relevant socio-cultural issues, including the applicant’s religion I a discussion of relevant housing and environmental issues I the applicant’s motive for requesting approval as a prospective adoptive parent I the basis for concluding that the legal requirements for a prospective adoptive parent are, or are not, met. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The assessment of a prospective adoptive parent is similar (but not identical) to the assessment of a prospective foster parent.
This is because foster care is in some cases a first step towards formal adoption.
Child Care and Protection Act, section 170 Child Care and Protection Regulations, regulation 60 Criteria for assessment of prospective adoptive parents A social worker assessing an application from prospective foster parents must consider these criteria. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I Is the applicant fit and proper to fulfil parental responsibilities and rights?
I Is the applicant willing and able to exercise, undertake and maintain parental responsibilities and rights?
I Is the applicant living in circumstances which are suitable for the adoption of a child?
The answers to these three questions will be informed by the more detailed questions below.
I Does the applicant have the capacity to provide a child with a suitable place to live? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
For example, the applicant must have space in his or her home for an adoptive child.
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 15 I Does the applicant have the capacity to provide living conditions that are appropriate to a child’s health and well-being?
For example, the home must be a safe environment for a child.
I Does the applicant have the financial capacity to provide for a child’s basic needs? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A person may not be disqualified from adopting a child by reason of financial status, but the prospective adoptive parent must be able to provide for the adoptive child’s basic needs such as food, clothing and shelter.
I Does the applicant have the capacity to accommodate various special needs that an adoptive child may have?
For example, if the child has a disability, the adoptive parents must have the time and resources needed to properly care for the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
However, some prospective adoptive parents may indicate that they do not feel that they have the capacity to take in children with certain special needs.
I Will the applicant ensure that any child of school-going age attends school regularly?
I Will the applicant guide, direct and secure the religious and cultural education and upbringing of an adoptive child in a manner appropriate to the child’s background, age, maturity and development?
I Will the applicant respect the views of an adoptive child? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I Will the applicant generally promote an adoptive child’s well-being, best interests and physical, emotional and social development?
I If applicable, will the applicant arrange for the adoptive child to participate in early childhood development programmes?
I Will the applicant assist the adoptive child to maintain links with his or her culture, language or religion, if the child is from a different cultural, linguistic or religious background? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
An adopted child should be encouraged to remain familiar with his or her culture even if the adoptive parents do not share the same cultural background.
I Will the applicant guide the behaviour of an adoptive child through positive discipline, and not impose any form of physical violence or punishment, or any other humiliating or degrading forms of discipline? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I Will the applicant ensure that an adoptive child is treated in a manner similar to other children in the household (taking into account any special needs of the adoptive child or the other children)?
For example, the adopted child should not be required to do chores that would not be expected of the family’s biological children.
However, it is permissible to give appropriate special treatment to an adoptive child with special needs, or to any other child in the household with special needs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I Is the applicant age 25 or older?
If not: z Has the applicant provided a motivation for dispensing with this requirement which is assessed as being acceptable?
OR z Is the applicant applying jointly with a spouse who is age 25 or older?
16 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I Has the applicant provided a police clearance certificate showing that he or she has not been convicted of any of the specified crimes? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
See the box on page 9 for a list of these crimes.
I If required by the social worker conducting the assessment, has the applicant provided police clearance certificates for other members of the household in respect of the relevant crimes?
See the box on page 9 for a list of these crimes.
I Is the applicant habitually resident in Namibia?
If the applicants are a married couple applying jointly, then each of them must be habitually resident in Namibia. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A habitual resident of Namibia who is not a Namibian citizen must provide additional documentation and additional police certificates.
See the box on page 12 on Special requirements for non-Namibian applicants who are habitually resident in Namibia. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 170(2)-(8) Child Care and Protection Regulations, regulation 60(1) Decision: The social worker must complete the assessment within six months after the application – if the applicant provided all the necessary supporting documentation on time.
The social worker must notify the applicant of the decision in writing.
This notification must be delivered by hand, by courier or by registered post. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
If the application was not approved, the social worker must give the reasons for this decision.
A person who is unhappy with the social worker’s decision could approach the High Court for an administrative review.
The Court would consider whether the social worker followed the correct process and came to a reasonable conclusion on the basis of the information collected. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Regulations, regulation 60(5)-(6) (3) Listing prospective adoptive parent in RACAP If the applicant is approved as a prospective adoptive parent, he or she will be listed in the Register of Adoptable Children and Prospective Adoptive Parents (RACAP).
Only persons who are listed in RACAP may apply to adopt a particular child.
The initial listing in RACAP is valid for three years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Prospective adoptive parents must renew their registration in RACAP after this initial three-year period if they continue to seek to adopt a child.
Renewals are valid for two years at a time.
A prospective adoptive parent will be re-assessed at each renewal, in the same way as for an initial application.
The application for renewal must be made at least three months before the expiry of the current registration. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 17 The listing of a prospective adoptive parent could be removed from RACAP in the following ways: I A prospective adoptive parent may withdraw the listing.
I The listing must obviously be removed if a prospective adoptive parent dies. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I The listing can be cancelled by the Minister because a prospective adoptive parent ceases to satisfy the requirements for eligibility to adopt because he or she is no longer fit, willing and able to adopt.
I The listing becomes invalid if a prospective adoptive parent is convicted of one of the crimes covered by the police clearance certificate.
I The listing becomes invalid if any child is removed from a prospective adoptive parent’s care on the basis of being in need of protective services. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I The listing must be removed if a prospective adoptive parent has concluded an adoption.
Once an adoption takes place, a person who wants to apply to adopt an additional child must re-apply for listing in RACAP. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 170(5)-(6), 171(1) and (5) Child Care and Protection Regulations, regulations 62(1), 63 Information to be included in RACAP If a child listed in RACAP is adopted, the name and other identifying information of the child will remain in RACAP, and an entry must be added regarding the adoption.
Adoptable children: I name and other identifying information I entry indicating that child has been adopted (if this is the case). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Prospective adoptive parent: I name and other identifying information I citizenship and residency status.
Child Care and Protection Act, section 171(2)-(4) Training for prospective adoptive parents Ideally, prospective adoptive parents should receive training after they have been approved as being eligible to adopt.
The Act authorises the Minister to issue guidelines for the training of prospective adoptive parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 187(1)(h) 18 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption Step 2 Adoption of a specific child by a specific adoptive parent is in the child’s best interests.
Because adoption is child-centred, the starting point for an adoption must always be a child in need of adoption.
The goal is to match the needs of an adoptable child with the capacity of a prospective adoptive parent who is suitable to give that child a permanent home. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The best interests of the child are the primary concern, not the desire of the adoptive parents to adopt a child.
Once the social worker identifies a potentially good match, the prospective adoptive parents can make an application to adopt the child in question.
The second step focuses primarily on the suitability of the proposed match. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Requirements for an adoption order Before the court can make an adoption order, there must be I an adoptable child listed in RACAP I an application from a prospective adoptive parent listed in RACAP I a copy of the social worker assessment which preceded the listing in RACAP I a social worker report on the suitability of the adoption in the best interests of the child I notice of the adoption hearing to all persons who must give consent I consent from each person required to give consent which is not withdrawn during the cooling-off period (or a court ruling dispensing with a required consent) I consent by the child (if the child is sufficiently mature) I an adoption plan IF the birth parents and the adoptive parents have agreed to make one. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
“Disclosed” and “non-disclosed” adoptions Some adoptions are “disclosed” adoptions where the adoptive parent is willing to allow his or her identity to be known to the child’s biological parents, and to allow the identity of the child’s biological parents to be known to the child.
Other adoptions are “non-disclosed” adoptions, where this information is not revealed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A preference for a “disclosed” or a “non-disclosed” adoption will be a factor in matching prospective adoptive parents with an adoptable child.
(The Act does not use the terms “disclosed” and “non-disclosed” adoption, but this informal terminology is used in practice.)
In both “disclosed” and “non-disclosed” adoptions, it is important to record the full names of both biological parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
This information goes into RACAP, and all adoptive children have a right to access information about their birth parents from RACAP when they reach the age of majority.
Failure to record the full details of a child’s birth parents could undermine this right.
Of course, there will be some adoptions where the identity of one or both birth parents is unknown — such as in the case of abandoned children.
But full details should be carefully recorded where possible. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 19 (4) Application to adopt Matching: Once a prospective adoptive parent is listed in RACAP, a social worker will attempt to match the adoptive parent with an adoptable child listed in RACAP.
It may be the case that a birth parent names a particular adoptive parent as a condition of consent to adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
It may be that the applicant wishes to adopt a specific child who is a relative, or who has been fostered by the prospective adoptive parent.
In any of these cases, the adoptable child and the prospective adoptive parent must still be listed in RACAP and assessed as being a suitable match.
Private social workers are allowed to have access to information from RACAP for this purpose, although RACAP itself is accessible only to State social workers and the Minister. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A private social worker who is engaged in arranging an adoption must complete Form 20, which is appended to the Child Care and Protection Regulations, requesting access to information from RACAP.
The private social worker must be assisted by the Minister, or by a staff member of the Ministry designated by the Minister. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Once a potential match has been identified, the social worker who is facilitating the adoption will need access to more detailed information about the adoptable child and the prospective adoptive parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, sections 171(6), 172(4)-(5), 177(1)(d) Child Care and Protection Regulations, regulation 62 Application procedure: A prospective adoptive parent who is listed in RACAP may make an application to adopt a child at the children’s court in the district in which the child normally resides.
The application must be on Form 22A, which is appended to the Child Care and Protection Regulations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The application must be accompanied by the following documentation: I the social worker assessment from Step 1, which resulted in the listing in RACAP I the adoption plan (if there is an one) I an adoption report prepared by a designated social worker I the birth certificate of the child to be adopted; I consent from each person who is required to provide consent, or a motivation for dispensing with a required consent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I certified copies of identity documents of applicant I marriage certificate (if relevant) I police clearance certificates.
I want to give my baby up for adoption to my aunt and uncle.
Social workers try to respect the preferences of the birth parents if possible, but your uncle was once convicted of child rape.
That disqualifies him to be an adoptive parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
That disqualifies him to be an adoptive parent.
20 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption Remember that a specific application to adopt follows on the previous approval of the applicant to be listed as a prospective adoptive parent.
This means that fitness to adopt has already been established. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The assessment at the time of a specific adoption application should thus focus on any changed circumstance since the initial assessment, and the suitability of the match between the prospective adoptive parent and the adoptable child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 175 Child Care and Protection Regulations, regulation 67(1)-(2), Forms 22A and 22C Contents of adoption report by designated social worker The adoption report which is submitted to the children’s court along with the application for adoption should be made on Form 22C, which is appended to the Child Care and Protection Regulations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
This report must contain the following: I confirmation that the child in question is adoptable I a recommendation that adoption of this child by this prospective parent would be in the best interests of the child I comprehensive details regarding the adoptable child, including z details regarding the language, culture, race and religion of the child z a medical report on the health status of the child, including a description of any special needs of the child � information about the biological parents of the child, including – a description of the counselling that the parents have received; and an indication as to whether the parents have consented to the adoption z information regarding the siblings of the child, where applicable z the views of the child concerning the adoption, where the child is of sufficient maturity and stage of development to understand adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The report must be accompanied by the initial application from the adoptive parents for listing in RACAP and the assessment that was done at that stage, the paperwork relating to the adoptable child’s listing in RACAP, the application from the adoptive parents for adoption of the specific child and the relevant supporting documents.
Child Care and Protection Act, section 175(1)(b) Child Care and Protection Regulations, regulation 68 No!
Adoption is not like shopping for a new dress! | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Adoption is not like shopping for a new dress!
It starts with the child.
Social workers try to match adoptable children with prospective adoptive parents to find a good fit which will be in the child’s best interests.
I would like to adopt a child.
I want to look at all the children who are available and choose the prettiest one. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 21 The aim of adoption law is to provide a permanent, secure and healthy family life for children whose biological parents have died or are unable to provide them with the care they require. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Tshepo Mosikatsana and Jackie Loffell, “Adoption” in CJ Davel and AM Skelton (eds), Commentary on the Children’s Act, Juta, 2007, updated in 2012 at page 15-2 (discussing adoption in terms of the South African Children’s Act 38 of 2005) Social worker adoption reports Effect of new two-step process Social worker reports in respect of individual adoptions should be streamlined now that there are separate assessments for listing in RACAP in advance of the adoption application. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The listings in RACAP will require assessments of a child’s eligibility to be adopted and the suitability of the applicant as a prospective adoptive parent.
This means that adoption applications should be quicker to finalise than in the past.
Social worker reports prepared for the application will supplement and update the existing assessments, and discuss the matching of the specific child and parent in question. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Because this new process should make social worker reports for adoption applications faster to finalise, the Act provides for provisional adoption orders if the process is concluded before the expiry of the 60-day cooling-off period for withdrawal of consent.
Social workers may recommend placement with the adoptive parents during this period, particularly where they are confident that consent is unlikely to be withdrawn. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Regulations, regulation 68, Form 22C Channelling of draft reports Social worker reports in respect of adoption applications must be channelled through the Ministry before being submitted to the children’s court.
This rule applies to all social worker reports which are required to be submitted to a children’s court.
It is intended to provide quality control and to harmonise the work of state and private social workers. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A social worker who prepares a report intended for court must submit a signed copy of the report within two days of completing it to the channelling officer in the Ministry, by hand, fax or electronic mail.
The channelling officer must examine the report and respond within five days of receiving it, unless the deadline for submission of the report to the court requires that the assessment of the report be done more quickly. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The channelling officer may return the report with directions for improvement if necessary.
If any improvements were required, the social worker in question must re-submit the revised report to the channelling officer for final approval before it is submitted to the court.
The channelling process applies to both private and State social workers.
The idea is to provide quality control so that the children’s court will receive thorough and useful reports. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Regulations, regulation 7 22 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption (5) Notice of adoption hearing The clerk of the children’s court which will consider the adoption must give 30 days’ notice of the application for adoption to the Minister.
This is particularly important in the case of adoptions facilitated by private social workers, as it enables the Ministry to confirm that the correct procedures have been followed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The clerk of the children’s court must also give 30 days’ notice of the application for adoption to anyone whose consent is required for the adoption (discussed below).
The children’s court may also direct that notice of the application for adoption be given to any other specified person, if it appears to the court that this is necessary in the interests of justice. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 176 Child Care and Protection Regulations, regulation 67(3) Notice procedure The clerk of the children’s court must make sure that all persons entitled to receive notice of the application are provided with a copy of the application and an official notice directing them to attend the children’s court (using Form 22B, which is appended to the Child Care and Protection Regulations).
The notice should be personally served if possible. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
If this is not successful, the clerk of the children’s court must attempt to notify the person in question by telephone, fax, email, courier or registered post – or by sending an official to his or her last known residential address or workplace to attempt to find out the current contact details.
If the clerk of the court is still unable to contact the respondent by means of these alternative methods, the clerk must provide the court with proof of the attempts which were made. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Notices from the court must be served by a member of the police, a messenger of the magistrate’s court or a person authorised by the children’s commissioner in the following manner: (1) The notice can be served personally on the person.
(2) The notice can be given to the person’s legal practitioner, if the legal practitioner’s name and address have been provided to the court for purposes of proceedings under the Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
(3) The notice can be left at the person’s place of residence or business, with anyone who appears to be at least 16 years of age and residing at the residence or working at the business.
(4) The notice can be left at the person’s place of employment, to anyone who appears to be at least 16 years of age, and employed at the same place or in charge there. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
(5) In the case of a legal person (such as an organisation), the notice can be left at its registered office or main place of business, with a director or a responsible employee.
NOTICE OF APPLICATION FOR ADOPTION Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 23 If the person to be served in any way prevents the notice from reaching him or her, it is sufficient service to attach a copy of the notice to the outer door or security gate of the relevant place. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
If a notice cannot be served in any of these ways, the member of the police, messenger of the magistrate’s court or other person authorised by the children’s commissioner must attempt notification in one or more of the following ways: (1) The person can be notified by telephone.
(2) The person can be notified by fax.
(3) The person can be notified by e-mail.
(4) The person can be notified by courier or registered post. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
(5) The person attempting notification can visit the last known residential address or place of business or employment of the person in question, to attempt to discover the current contact details of the person, and then try to use that contact information to serve the notice.
If all efforts to serve the notice fail, the person who attempted notification must give the children’s court proof of the attempts made. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Proceedings in a children’s court may begin or continue in the absence of a person who was notified, or attempted to be notified, to attend the proceedings or to make representations – IF the children’s court considers it to be in the interests of justice and in the best interests of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The court must postpone the matter due to the absence of a person who was notified to attend in any one of these circumstances: I The person who is not present at children’s court proceedings is likely to make a valuable contribution regarding the best interests of the child in question.
I The court is of the opinion that the presence of the person is necessary for the purposes of the court proceeding. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I The person who is absent is the relevant child’s parent, guardian, custodian, care-giver or a person identified by the court or the relevant social worker as having an interest in the matter (see section 56(3) of the Act).
I The person who is absent is the investigating social worker (see section 56(3) of the Act). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
In such a case, the court can postpone the matter and arrange for the issue of a subpoena to the absent person on Form 4, which is appended to the Regulations relating to Children’s Court Proceedings.
A person who fails to appear before the children’s court without a reasonable cause after being issued with a notice or a subpoena commits a crime punishable by a fine of up to N$5 000 or to imprisonment for up to one year or both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A person is not subject to a penalty for non-attendance if the children’s court decided to proceed in that person’s absence.
Child Care and Protection Regulations, regulations 67(3), 120 24 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption (6) Consent Consent to a child’s adoption must generally be given by the child’s parents, any other person who is a legal guardian of the child and the child (if the child has sufficient maturity). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
There are some grounds for making exceptions.
The children’s court can also overrule an unreasonable withholding of consent.
(6.1) Who must give consent?
(a) Consent of parents: Consent to an adoption must normally be given by both parents, regardless of whether the parents are married.
Child Care and Protection Act, section 172(1)(a) Exceptions to parental consent requirements: (1) Consent of an unmarried father is required only where he has already voluntarily acknowledged pater nity. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
This can be done by – I voluntarily paying, or offering to pay, maintenance in respect of the child I paying damages in respect of the pregnancy in terms of cus tomary law I being named as the father on the child’s birth certificate.
Child Care and Protection Act, section 172(13)(a) and (14) (2) If the court finds that the child was conceived through rape by the child’s biological father, the father’s consent is not required to give the child up for adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
No conviction for rape is required, as the child conceived in the rape might be given up for adoption before the criminal trial has taken place.
The finding that a rape took place for purposes of consent to adoption is not relevant to the criminal trial. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 172(13)(b) (3) Consent is not required from a parent who: I is mentally incompetent to give consent I has abandoned the child I cannot be found or identified after reasonable efforts I has abused or neglected the child, or allowed the child to be abused or neglected Who is an unmarried father?
The exception to consent applies if the father was not married to the mother at the time of the child’s conception or any time after that. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The exception does not apply if the parents were married at the relevant time, but are now divorced.
A divorced father must give consent (unless one of the other exceptions applies). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 172(13)(a) Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 25 I has made no attempt to fulfil any parental responsi bilities towards the child during the last year I has been divested of the right to consent to adoption by a court order I has failed to respond to a notice of the proposed adoption within 30 days of receiving it I has been convicted of a serious crime in relation to the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 172(12)(a) (4) No parental consent is required if the child is an orphan.
Child Care and Protection Act, section 172(12)(b) What if the child’s parent is a minor?
Minors normally have to be “assisted” by a parent to do legal acts such as bringing court cases or signing contracts.
This means that the parent must sign on behalf of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A minor parent who has a parent or guardian must be assisted to give consent by that parent or guardian, if the parent or guardian in question is available.
Note that assistance by one parent (or legal guardian) is sufficient.
BUT the children’s court may dispense with such assistance if this is in the best interests of the minor parent and the child whose adoption is under consideration. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
It would not be possible for a parent or a guardian to force a minor parent to give up child for adoption, unless the children’s court found that the minor parent’s refusal to consent to the adoption was unreasonable.
Child Care and Protection Act, section 172(1)(a) My baby was conceived in a one-night stand with a guy I met at a club.
I never knew his name.
He said that he worked on a fishing boat. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
He said that he worked on a fishing boat.
I can give up my child for adoption without his consent because he never voluntarily acknowledged paternity.
In fact, he never even made any efforts to see if he had fathered a child at all.
Where a child’s parents are not married, the father’s consent to adoption is required only if he has taken some responsibility for the child.
I had a baby when I was 17 years old. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I had a baby when I was 17 years old.
My mother has been dead for many years, and I hid the pregnancy from my father because he threatened to kill me if I got pregnant.
The social worker found out from my school guidance counsellor that my father has beaten me badly before.
The court allowed me to give my baby up for adoption without my father’s involvement.
This was best for me and my baby. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
This was best for me and my baby.
26 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption In our view, it is good practice, where possible, for the guardian of a young parent to be involved in the process surrounding adoption, as he or she may be an essential source of emotional and practical support and can provide much-needed help after the decision has been made whether or not to consent to adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
However, making the involvement of a guardian mandatory could cause grave problems in some cases, for example where the guardian has died or is missing; where the young parent, usually the mother, has left home due to abuse and is adamant that her parent should not be contacted; or where the guardian is exerting undue pressure on the young parent to give or withhold consent to adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Tshepo Mosikatsana and Jackie Loffell, “Adoption” in CJ Davel and AM Skelton (eds), Commentary on the Children’s Act, Juta, 2007, updated in 2012 at page 15-13 (discussing adoption in terms of the South African Children’s Act 38 of 2005) (b) Consent of guardian: A legal guardian other than a parent is also normally required to give consent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A person other than a parent could be named as a child’s legal guardian by the High Court, in terms of a written will, or in terms of the provisions of the Child Care and Protection Act on guardianship.
The court would want to see documentation confirming guardianship. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 172(1)(b) Exceptions to legal guardian consent requirements: Consent is not required from a legal guardian who: I is mentally incompetent to give consent I has abandoned the child I cannot be found or identified after reasonable efforts I has abused or neglected the child, or allowed the child to be abused or neglected I has made no attempt to fulfil any parental responsibilities towards the child during the last year I has been divested of the right to consent to adoption by a court order I has failed to respond to a notice of the proposed adoption within 30 days of receiving it I has been convicted of a serious crime in relation to the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 172(12)(a) (c) Consent of child: The child being adopted must consent to the adoption if the child is over age 10 OR under age 10 but mature enough to understand the implications of adoption.
Child Care and Protection Act, section 172(1)(c)-(d) Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 27 Child’s competence to give consent Minors usually need adult assistance for legal actions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
But consent to adoption is about the right of children to participate in decisions that affect them.
The consent of a child to an adoption must come from the child himself or herself.
No adult assistance is required.
Standard of proof for exceptions to consent A children’s court which is deciding whether any of the exceptions to the consent requirements are present will make this finding on a “balance of probabilities”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |