text
stringlengths 9
3.46k
| document_url
stringclasses 278
values | source_url
stringclasses 278
values | country
stringclasses 143
values |
|---|---|---|---|
This is true even if the adoption was a “non-disclosed adoption”.
The adoptive parent also has a right to information about the birth parent’s identity at this stage, if this was previously unknown.
If the adoptive parent and the child consent, the birth parent may also learn of the adoptive parent’s identity at this point.
I wanted to apply for rescission of the adoption because it turns out that the baby I adopted has a heart murmur. | 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 the social worker reminded me of my pre-adoption training, where we learned that there are no guarantees about the health of a child you adopt – just as there are no guarantees about the health of a child who is born to you.
Health concerns or behaviour problems are not grounds for rescinding an 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 |
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 43 Vital medical information (such as information about an inherited condition) can be revealed before the child turns 18 if this is relevant to the child’s health. | 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 184 Other routes to disclosure of information from the Adoption Register Information from the Adoption Register can be disclosed for official purposes, subject to conditions determined by the Minister, or for research purposes, provided that no identifying information about individuals is 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 |
For example, the Ministry might compile and reveal information about the number of adoptions which took place per year, or compile statistics on details such as the sexes and ages of adopted children.
A court order can direct disclosure of specific information from the Adoption Register if a court has found this to be in the best interests of the child concerned. | 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, a child who had a terminal illness and was not expected to reach age 18 might obtain a court order permitting access to information about the birth parents at an earlier age.
Child Care and Protection Act, section 184(1)(d)-(f) Counselling before disclosure The Minister may require a person to receive counselling before disclosing any information in the Adoption Register about an adoption involving that person.
Child Care and Protection Act, section 184(2) 4. | 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 184(2) 4.
Inter-country adoptions This section gives an overview of the process for inter-country adoption, which is a very specialised area.
Persons who are interested in inter-country adoption should contact the Ministry for more information.
4.1 History of inter-country adoption Inter-country adoption became common after World War II when many countries were left with war orphans but lacked the resources to care for them within the country. | 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 |
Inter-country adoptions became increasingly popular in the 1970s and 1980s, as a way to provide children to couples who could not have their own children.
The increased demand to adopt children led to some problems, such as child trafficking and baby selling.
This inspired greater international efforts to make sure that adoptions are child-centred, and to establish mechanisms to prevent abuses of the adoption process. | 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 |
44 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption Inter-country adoption can be a way of providing for the best interests of orphans in situations where the extended family is broken down or overstretched.
This is particularly true in light of the HIV/AIDS epidemic which has had a severe effect on many countries, particularly in Africa. | 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 Namibia, the High Court ruled in 2004 that it is unconstitutional to have a blanket rule preventing foreigners from adopting Namibian children, because such adoptions may sometimes provide the best family environment for 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 |
Both the Convention of the Rights of the Child and the African Charter on the Rights and Welfare of the Child state that inter-country adoption may be considered as an alternative means of providing care for the child – if the child cannot be cared for in the country of origin in any suitable manner.
The African Charter calls inter-country adoption a “last resort”. | 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 |
Both agreements require governments to take measures (a) to ensure that the safeguards and standards for inter-country adoption are equivalent to those for domestic adoption; (b) to ensure that placement in inter-country adoption does not result in trafficking or improper financial gain for anyone involved; and (c) to promote bilateral or multilateral arrangements to regulate inter-country 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 Register of Adoptable Children and Prospective Adoptive Parents (RACAP) is an important mechanism for the proper use of inter-country adoption.
Having a central national register of all adoptable children and prospective adoptive parents makes it possible for social workers who are arranging adoptions to see if options for adoption within Namibia are available. | 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 fact that all adoptions must be channelled through RACAP, whether facilitated by State or private social workers, ensures that inter-country adoption is not utilised for gain or to “supply” children to childless parents from other countries instead of for 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 |
Blanket ban on adoption of Namibian children by non-Namibians ruled unconstitutional Detmold v Minister of Health and Social Services 2004 NR 174 (HC) In the 2004 Detmold case, the High Court found that the prohibition in the Children’s Act on the adoption of children born to Namibian citizens by non-Namibian citizens was unconstitutional. | 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 this case, the applicants were German citizens and permanent residents of Namibia who were applying to adopt a child who had already been in their foster care for several years.
They had been found suitable to be adoptive parents, and the child’s biological mother had consented to the adoption.
The only obstacle to the adoption was their citizenship. | 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 found that the rule on citizenship violated Article 10 of the Namibian Constitution, which guarantees the equality of all persons before the law, and Article 14, which protects the family.
The Court found that a family is “the best vehicle for bringing up children”, and that the next best thing to a biological family is an adoptive family, saying that it is therefore society’s duty “to make possible, and not hinder or frustrate, a family for every child given 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 |
It found that the strict prohibition on adoption by non-Namibian citizens was unconstitutional because it could deprive a child of the possibility of being adopted into a secure and stable family that might not otherwise be available to the child.
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 45 The need of a child should be paramount and not the need of childless foreign couples. | 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 purpose of adoption is to find a suitable home for a child and not a suitable child for a family.
This is a compelling factor that adoption agencies must carefully consider before they allow foreigners to adopt, especially foreigners from different nationalities. | 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 |
NS v RH 2011 (2) NR 486 (HC), paragraph 162 4.2 Hague Convention on Intercountry Adoption Concerns about inter-country adoption led to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which is widely viewed as being the best mechanism for preventing abuses in respect of inter-country adoption.
It provides proce dures aimed at preventing abuses like abduction, exploitation, sale or trafficking of children. | 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 Hague Convention does not encourage inter- country adoption – quite the contrary, it says that inter-country adoption should take place only if authorities have determined that this would be in the child’s best interests, and after possibilities for placement of the child within the country of origin have been given due consideration.
This is called the “principle of subsidiarity”. | 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 is called the “principle of subsidiarity”.
The Hague Convention provides mechanisms to ensure that an inter-country adoption will be recognised in the country to which the child is going, so that the adopted child does not end up stateless in a foreign country.
It also provides for cooperation between authorities in both the sending and receiving countries, to provide for proper monitoring and control. | 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 |
Namibia joined the Hague Convention on 21 September 2015, and it became operational in Namibia on 1 January 2016.
The Convention has the force of law in Namibia from that date.
The Child Care and Protection Act is designed to give practical effect to the provisions of the Hague Convention, by providing a framework for inter-country adoption which protects the best interests of Namibian children. | 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 |
Joining the Convention does not mean that Namibia must entertain requests from anyone in the world who wants to adopt a Namibian child.
If there are adoptable children in Namibia for whom no suitable adoptive parents can be found, Namibia can allow inter-country adoptions from a limited number of other Hague signatory countries with which Namibia has made agreements. | 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 188-189 Principle of subsidiarity “‘Subsidiarity’ in the Convention means that Contracting States recognise that a child should be raised by his or her birth family or extended family whenever pos sible.
If that is not possible or practicable, other forms of permanent care in the State of origin should be considered. | 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 |
Only after due consideration has been given to national solutions should inter-country adoption be considered, and then only if it is in the child’s best interests. | 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 |
As a general rule, institutional care should be consid ered as a last resort for a child in need of a family.” The 1993 Hague Convention on Protection of Children and Co-operation in Respect of Inter country Adoption INFORMATION BROCHURE, published by the Hague Conference on Private International Law, November 2012, page 5 46 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption Habitual residence as the key factor The Hague Convention’s definition of inter-country adoption does NOT depend on citizenship. | 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 defines an inter-country adoption as any adoption where parents who are habitually resident in one country want to adopt a child who is habitually resident in another country.
The relevant point is whether the child will be moved from one country to another.
This is when extra safeguards are needed. | 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 is when extra safeguards are needed.
“For many years the broad stance of developing countries was to discourage inter-country adoptions, regarding them as ‘exporting’ their children to developed countries, as a blemish on a country’s perceived ability to care for its citizens, and as exploitation of developing countries by developed ones.
A major shift came about, however, as a result of the adoption and application of the Hague Convention. | 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 is now largely accepted that most countries from both the receiving and sending sides of the world earnestly seek only to provide good alternative family care for ill-fated children.
The standardisation and universalisation of criteria and controls have produced a situation where embracing the institution of inter-country adoption is increasingly less seen as a sign of weakness or the acceptance of ‘international charity’, or even a dereliction of a social welfare duty resting on a State. | 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 emphasis has shifted to acknowledging that onerous duties are imposed on a sending State to apply diligently its discretion on whether an inter-country adoption would serve the best interests of the particular child involved.” AD & Another v DW & Others (Centre for Child Law as Amicus Curiae; Department for Social Development as Intervening Party) 2008 (3) SA 183 (CC), paragraph 43 (footnotes omitted) This is true. | 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 have a case where an orphaned child could be placed with his aunt outside Namibia, or with an unrelated family inside Namibia.
If he stays inside Namibia, he can continue his education at the same school and maintain his cultural ties.
I would not like to uproot him from his home country.
But adoption by his aunt would be the only way that he can stay with a member of his birth family. | 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 is not always easy to figure out how to apply the principle of subsidiary or to figure out what is in a child’s best interests.
Cases like this are not easy.
It is not possible to apply general rules.
The circumstances of each case must be considered individually, with due consideration to the views of the child if the child is mature enough to express an opinion. | 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 47 “… [The Hague Convention] addressed various objectives.
Firstly, it sought to create legally binding standards in inter-country 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 |
Secondly, it introduced a system of supervision that would ensure the observation of these legal standards, including prevention of adoptions that were not in the best interests of the child, and that would protect children from adoptions that occurred through duress, fraud or for monetary reward.
Thirdly, it established communication channels between authorities in sending and receiving countries. | 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 |
Fourthly, it furthered cooperation between sending and receiving countries to promote confidence between those countries.
What is clear is that the Convention seeks to regulate inter-country adoptions, not to facilitate them. | 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 |
…” AD & Another v DW & Others (Centre for Child Law as Amicus Curiae; Department for Social Development as Intervening Party) 2008 (3) SA 183 (CC), paragraphs 45-46 (footnotes omitted) 4.3 Central Authority and accredited child protection organisations Who may provide inter-country adoption services 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 |
: In Namibia, inter- country adoption services can be provided by the Minister (or a staff member of the Ministry or an organ of state delegated by the Minister) or by accredited child protection organisations.
Child Care and Protection Act, sections 190-191 Central Authorities: Every country which joins the Hague Convention identifies a Central Authority to handle inter-country adoptions.
In Namibia, the “Central Authority” is the Minister responsible for child welfare. | 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 Minister may delegate the powers or functions of a Central Authority to a staff member of the Ministry or to an organ of state, insofar as this is permitted by the Convention.
An inter-country adoption is arranged between the Central Authority of the “state of origin” (the country where the child is habitually resident, also sometimes called the “sending state”) and the Central Authority of the “receiving state” (the country where the adoptive parent is habitually resident). | 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 inter-country adoption can take place only by agreement between the Central Authorities of both countries.
Namibia could be a sending state or a receiving state.
Child Care and Protection Act, sections 190-191 Accreditation of Namibian child protection organisations: Namibian child protection organisations which are already authorised to perform domestic adoption services may apply to the Minister for accreditation to perform inter-country adoption 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 |
The functions of a Central Authority in terms of the Hague Convention may be performed by public authorities or by accredited bodies, insofar as the laws of the relevant country permit this.
An application for accreditation must be made on Form 23A, which is appended to the Child Care and Protection Regulations, and submitted to 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 |
It must be accompanied by: z evidence of expertise or knowledge relevant to inter-country adoption services z a certificate of designation to facilitate domestic adoptions 48 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption z a list of social workers in the employment of the applicant who are designated to facilitate domestic adoptions z the organisations’ most recent audited financial statements z any other information that the Minister may request. | 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 for accreditation is granted, the Minister will issue a certificate of accreditation on Form 23B.
If the application is refused, the Minister must inform the applicant and provide written reasons.
In either case, the communication will be delivered to the applicant by hand, courier or registered post.
An accredited child protection organisation may render inter-country adoption services and charge fees which are within the maximum rates specified in Annexure 2 of the 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 |
It must submit an audited financial statement to the Minister every year, showing the financial position of the organisation, including fees received and payments made.
The cap on fees and the requirement to provide regular financial information are aimed at ensuring that the inter-country adoption process is not corrupted by persons who are willing to provide huge amounts of money in order to adopt 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 |
As of 2019, the maximum fee for an intercountry adoption services was set at N$ 1 500 per adoption.
The period of accreditation is a maximum of two years at a time.
The child protection organisation can apply for renewal of accreditation in the same way as it applied for the initial accreditation. | 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 application for renewal of accreditation must be submitted to the Minister at least three months before the current accreditation expires if the organisation wishes to continue offering inter-country adoption services.
The Minister may cancel an accreditation at any time if the child protection organisation is not complying with the requirements 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 |
The Minister must inform the child protection organisation of an intention to cancel its accreditation at least seven days in advance, specifying the reasons.
The Minister must give the child protection organisation an opportunity to make representations on the matter before making a final decision. | 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 |
Hague Convention, Article 22 Child Care and Protection Act, sections 196 Child Care and Protection Regulations, regulation 77 Accreditation of foreign agencies to work in Namibia: A body accredited in another country which is party to the Hague Convention may also apply to the Minister for authorisation to provide inter-country adoption services in Namibia.
The application must specify the applicant’s relevant experience, It must also include proof of accreditation in the other country. | 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 application is approved, the Minister will issue a certificate of authorisation on Form 23C, 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 |
Child Care and Protection Act, sections 197 Child Care and Protection Regulations, regulation 78 Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 49 Adoption working agreements between accredited bodies An accredited child protection organisation may enter into an adoption working agreement with an accredited body from another country which is authorised to act in Namibia, if the Central Authority of Namibia approves the agreement. | 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 Namibian child protection organisation must provide the Central Authority of Namibia with – I a certified copy of the proposed adoption working agreement I a certified copy of the accreditation of the foreign agency to provide inter-country adoption services in a country which is a party to the Hague Convention I the overseas body’s certificate of authorisation to render inter-country adoption services 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 |
The two bodies may work together in terms of the adoption working agreement only after the agreement has been approved by the Central Authority of Namibia.
Child Care and Protection Regulations, regulation 79 4.4 Inter-country adoption process Rules for domestic adoptions apply: All of the rules and processes that apply to domestic adoptions also apply to inter-country adop tions, unless any of the rules are inconsist ent with the Convention. | 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, there are some additional safeguards and processes that apply only to inter-country adoptions. | 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 194 Child Care and Protection Regulations, regulation 76 International cooperation: The procedure described in this chapter focuses on the situation where a child who is habitually resident in Namibia (the “state of origin” or the “sending state”) is adopted by a per son or persons who are habitually resi dent in a country other than Namibia (the “receiving state”). | 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 this situation, the Central Authority of Namibia will report on the child, and the Central Authority of the receiving state will report on the adoptive parent.
An inter-country adoption can take place only if both Central Authorities are in agreement that it should proceed.
Hague Convention, Article 17 Where does an intercountry adoption take place — in the sending state or the receiving state? | 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 |
According to the Hague Convention, an inter-country adoption can take place either in the state of origin or the receiving state.
(See Articles 2(1) and 28.)
However, the Child Care and Protection Act contemplates that the adoption order for a child habitually resident in Namibia will be issued in Namibia as the state of origin. | 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 |
Section 168 of the Act says that the adoption of a child “is effected by an order of the children’s court of the dis trict in which the adopted child resides”, and section 194 says that Part 1 of the chapter on adoption (which includes section 168) applies to the making of an adoption order under the Convention. | 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 |
Furthermore, section 198 prohibits the practice whereby a prospective adoptive parent obtains custody or guardian ship of a child who is habitually resident and takes or send the child out of Namibia without first concluding an inter-country 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 |
50 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption 1 Prospective adoptive parent applies for inter-country adoption in state of habitual residence (receiving state) INTER-COUNTRY ADOPTION PROCESS for adoption of a child habitually resident in Namibia 4 Central Authority of receiving state prepares detailed report on prospective adoptive parent 7 Namibia’s Central Authority or accredited child protecton organisation prepares detailed report about child 10 Both Central Authorities agree that adoption should proceed 13 Children’s court issues adoption order, certifying conformity with Convention requirements. | 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 may now be entrusted to adoptive parents and transferred to receiving state. | 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 |
2 Prospective adoptive parent assessed for suitability to adopt 5 Central Authority of receiving state submits report to Namibia’s Central Authority 8 Consent to adoption obtained from parents, guardian (if applicable) and child (if sufficiently mature) 11 Adoption application sent to children’s court in Namibia 3 Central Authority of receiving state decides if prospective adoptive parent eligible and suited to adopt 6 Matching committee approves match of prospective adoptive parent with child listed in RACAP as being adoptable 9 Namibia Central Authority sends report on child and proof of consents to Central Authority of receiving state 12 Children’s court determines if adoption is in best interests of child after considering principle of subsidiarity and compliance with all legal requirements Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 51 Application by prospective adoptive parents: A person habitually resident outside Namibia who wishes to adopt a child habitually resident in Namibia (the “sending state”) must apply to the Central Authority of their own state of residence (the “receiving state”). | 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 |
Hague Convention, Article 17 Report on prospective adoptive parents: If the Central Authority of the receiving state is satisfied that the prospective adoptive parent is eligible and suitable to adopt, it must prepare a report which is similar to the social worker assessment in domestic adoptions.
However, the requirements of the inter-country adoption report are even more comprehensive. | 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 Hague Convention requires that this report must include information about – I the applicant’s identity I the applicant’s eligibility and suitability to adopt I the applicant’s background I the applicant’s family I the applicant’s medical history I the applicant’s social environment I the applicant’s reasons for wanting to adopt I the applicant’s ability to undertake an inter-country 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 also discuss the characteristics of children that the applicant would be qualified to care for (age, sex, special needs, etc).
The Child Care and Protection Regulations contain more detail. | 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 |
They require that the report must include comprehensive information about – I the applicant’s ethnic, religious and cultural background I the applicant’s childhood I the applicant’s immediate family members and the members of the applicant’s household I the applicant’s character I the attitude of the applicant’s immediate family members towards the inter-country adoption I the plan for integration with siblings, where applicable I the plan for relocation of the child from Namibia to the place where the applicant resides I a description of the adoption counselling that has been received by the applicant I an assessment of the suitability of the applicant to adopt the child in question by a body recognised to deal with inter-country adoption in the receiving State I the ability of the applicant to undertake inter-country adoption I the reasons why the applicant wishes to adopt. | 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 following documentation: I a certified copy of the identity document or passport of the applicant; I a medical report on the health status of the applicant; I the marriage certificate of an applicant who is married; I a police clearance certificate indicating that the applicant has no previous criminal record relating to child neglect or abuse, drug trafficking, any law relating to the protection of children or any of the offences listed in section 238 of the Act (see the box on page 9); I proof of citizenship, permanent residence or domicile in the receiving State. | 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 be transmitted to the Central Authority of Namibia, which is the sending state.
52 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption Where two persons intend to adopt a child jointly, the required information must be provided in respect of each of them. | 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 |
Hague Convention, Article 15 Child Care and Protection Regulations, regulation 82 Matching of prospective adoptive parents and adoptable children for inter-country adoption: The prospective adop tive parents will be matched with a child listed in RACAP as an adoptable child.
This will be done by a committee consisting of at least three social workers identified by the Minister, at least one of whom must be a staff member of the Ministry of Health and Social Services who is nominated by that Ministry. | 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 committee will determine whether an envisaged placement will be in the best interests of the adoptable child.
Child Care and Protection Regulations, regulation 83 Applying the principle of subsidiarity: Inter-country adoption may take place only after possibilities for placement of the child within Namibia have been given due consideration, and the inter-country adoption appears to be in the child’s best interests. | 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 |
Inter-country adoption will not be considered if a family member or relative of either of the child’s parents – I is habitually resident in Namibia I is willing to adopt the child I has been approved as a prospective adoptive parent AND I is suitable to care for the child in question (taking into account any special needs 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 child who is in permanent foster or stable kinship care within Namibia is not considered to be in need of permanent alternative placement, and so would not for that reason alone be listed in RACAP as being adoptable.
Child Care and Protection Act, section 169(3) Child Care and Protection Regulations, regulation 80 Report on adoptable child: After the matching takes place, the Namibian Central Authority must prepare a report on 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 |
This report must contain all of the information which would be required in a social worker report for a domestic adoption, including information about – I the child’s identity I the child’s adoptability I the child’s background I the child’s social environment I the child’s family history I the medical history of the child and the child’s family I any special needs of the child I comprehensive information regarding the efforts that have been made to provide suitable alternative or permanent care 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 |
Matching is ideally done by a team rather than being the responsibility of a single individual.
It is one of most important steps in securing the best interests of the child in the adoption process and should be carried out by competent persons with appropriate expertise and experience. | 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 Implementation and Operation of the 1993 Hague Intercountry Adoption Convention: Guide to Good Practice No 1, Hague Conference on Private International Law, 2008, paragraphs 357, 362 Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 53 The Namibian Central Authority must also ensure that the required consents have been obtained, and that the proposed placement would be in the best interests of the child, giving due consideration to the child’s upbringing and to his or her ethnic, religious and cultural 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 |
It will send the report and the associated documentation to the Central Authority of the receiving state, taking care not to reveal the identity of the child’s biological parents if they have requested a non-disclosed adoption.
Hague Convention, Article 16 Child Care and Protection Regulations, regulation 81 Subsidiarity and best interests 51.
The principle of subsidiarity should be interpreted in the light of the principle of 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 |
For example: I It is true that maintaining a child in his or her family of origin is important, but it is not more important than protecting a child from harm or abuse.
I Permanent care by an extended family member may be preferable, but not if the carers are wrongly motivated, unsuitable, or unable to meet the needs (including the medical needs) of the particular 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 National adoption or other permanent family care is generally preferable, but if there is a lack of suitable national adoptive families or carers, it is, as a general rule, not preferable to keep children waiting in institutions when the possibility exists of a suitable permanent family placement abroad.
I Finding a home for a child in the country of origin is a positive step, but a temporary home in the country of origin in most cases is not preferable to a permanent home elsewhere. | 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 |
Institutionalisation as an option for permanent care, while appropriate in special circumstances, is not as a general rule 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 Implementation and Operation of the 1993 Hague Intercountry Adoption Convention: Guide to Good Practice No 1, Hague Conference on Private International Law, 2008, paragraph 51 (footnote omitted) Referral to children’s court for decision: An application for an inter-country adoption must be submitted to the Central Authority of Namibia 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 submitted together with the report from the Central Authority of the receiving State on the prospective adoptive parents.
Form 22A is the same application form which is used for domestic adoptions. | 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 Central Authority may refer an inter-country adoption to a children’s court for decision ONLY IF – I the Central Authorities of both States are in agreement that adoption may proceed I the Central Authority of Namibia has confirmed that – z the prospective adoptive parents are eligible and suited to adopt z the prospective adoptive parents have been counselled as necessary and agreed to the adoption z the child will be authorised to enter and reside permanently in the receiving State z all applicable consents have been given z all other requirements of the Act have been complied with. | 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 it is satisfied on these points, the Central Authority of Namibia must refer the application to the children’s court, together with the report from the Central Authority of Namibia on 54 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption the adoptable child and the report from the Central Authority of the receiving State on the 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 children’s court may make an inter-country adoption order ONLY IF it is satisfied that all the requirements for a domestic adoption have been met.
In addition: (1) The children’s court must be satisfied that the requirements for referral to the children’s court by the Central Authority have indeed been 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 |
(2) The children’s court must be satisfied that an inter-country adoption appears to be in the best interests of the child, and that possibilities for placement of the child within Namibia were given due consideration.
(3) The children’s court must be satisfied that the arrangements for the inter-country adoption comply with the requirements of the Hague Convention. | 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 children’s court must issue an order for inter-country adoption on Form 23D, which is appended to the Child Care and Protection Regulations.
Child Care and Protection Act, sections 192-194 Child Care and Protection Regulations, regulation 84 Hague Convention, Articles 14-20 Transfer of child: The physical transfer of the child must take place in secure circumstances and if possible in the company of the 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 |
Hague Convention, Article 19 Limits on contact: The Hague Convention is clear that there can be no contact between the prospective adoptive parents and the child’s birth parent or care-giver until it has been determined that the adoptive parents are eligible and suitable to adopt, the child is adoptable, the necessary consents have been given and it has been determined that inter-country adoption is in the best interests of the child.
This rule is designed to prevent improper inducements or pressures. | 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 exceptions to the rule where the adoption takes place within a family, or where the contact is in compliance with conditions established by a competent authority in the sending state. | 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 |
Hague Convention, Article 29 Certification that the inter-country adoption was made in conformity with the Hague Convention Article 23 of the Hague Convention requires that an inter-country adoption must be certified by the competent authority of the State where the adoption took place as having been made in accordance with the Convention, in order for the adoption to be recognized in other countries which are parties to the Hague Convention. | 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 |
Form 23D which is the template for a children’s court order for inter-country adoption in Namibia, was designed to serve as a certificate of compliance for this purpose, as it makes reference to Article 23 of the Hague Convention. | 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 55 4.5 Exceptional cases of inter-country adoption Family members resident in other Hague countries: Inter-country adoption of a child who is habitually resident in Namibia by a family member who is resident in a country that is a party to the Hague Convention will work in the same way as any other inter-country adoption, except that priority over other applicants must be given to – I a person married to the biological parent of the child or I a family member with close ties to the child or a pre-existing relationship with 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 |
All of requirements for inter-country adoption must be met by the person in question, but some of the formalities for inter-country adoptions may be relaxed in cases of adoption by a step-parent or a family member who already has a relationship with the child.
As always, the best interests of the child is the key factor.
Child Care and Protection Act, section 195(1) Child Care and Protection Regulations, regulation 85(1) However, there is a problem with this approach. | 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 |
Regulation 84(2) requires that the Central Authority of Namibia must refer an application for inter-country adoption to the children’s court of the district where the child resides.
But, according to section 192 of the Act, only certain children’s courts are competent to certify that an adoption has been made in accordance with the Convention for the purposes of Article 23 of the Convention. | 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 must be done by a children’s court designated by the Minister of Justice with the concurrence of the Minister responsible for child welfare (Namibia’s Central Authority) and the Magistrate’s Commission.
The Hague Convention Guide to Good Practice provides a model form for Article 23 certification and gives the following guidance: Issuing the Article 23 certificate of conformity 383. | 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 Article 23 certificate of conformity with Convention requirements must be issued by a competent authority after the adoption is finalised.
It should be issued promptly, and the adoptive parents should receive the original certificate, and a copy should be sent to the Central Authorities of both countries.
The authority competent to issue the certificate must be notified to the Permanent Bureau, in accordance with Article 23(2)… 384. | 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 has been some uncertainty, arising from variations in practice, as to the mandatory nature of the certificate under Article 23 of the Convention: in some States a certificate is given automatically or very easily while in other States adoptive parents have to apply for it.
The absence of a certificate causes difficulties for recognising the adoption and for according the child the nationality of the receiving State.
385. | 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 |
385.
A model form for the certificate of conformity is a recommended form, not a mandatory form.
Therefore, States may choose the manner in which they certify conformity with the Convention, provided all the relevant information is included in the certifying document.
However the benefits of using the form are that it covers all the relevant details, it is easily understood and it is becoming more widely used.
(footnotes omitted) The issue of Article 23 certification in Namibia needs clarification. | 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 192 Child Care and Protection Regulations, regulation 84 Hague Convention, Article 23 The Implementation and Operation of the 1993 Hague Intercountry Adoption Convention: Guide to Good Practice No 1, Hague Conference on Private International Law, 2008, section 7.2.12 56 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption In-family inter-country adoptions: Subsidiary and best interests “516. | 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 question may arise concerning the application of the principle of subsidiarity to in- family intercountry adoptions: would that not mean that one would first have to try finding an adoptive family in the State of origin?
In most cases, such a family could be found and the family abroad would not be able to adopt the child.
However, the overarching principle of the Convention is the best interest principle, not the subsidiarity principle. | 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 |
While it is important to look for a home in the country of origin, a permanent home in another country would be preferable to a temporary home in the country of origin.
It is necessary to consider all the relevant factors to decide which is the better family for the child and where is the best permanent home for that child.
517.
An adoption by a family member abroad would be preferable to a national adoption if the former was in the child’s best interest. | 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, if the non-relative prospective adopters in the country of origin, and the relative prospective adopters abroad, were equally well qualified to care for the child, preference might be given to the relative adopters in order to preserve the family bond. | 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 |