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Reynolds, C. & Co
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The Process of Adoption in Ghana

October 19, 2023

The Adoption Process in Ghana

Adoption is a social, emotional, and legal process that enables a child who may not be raised by his/her birth parents to become a legal member of another family. The adoption process transfers parental responsibilities for the child to the adoptive parent. The child cuts ties with the birth parents and becomes a full member of the adoptive family. There are two types of adoption in Ghana: Intra-country adoption and Inter-country adoption.

Adoption in Ghana is governed by:

  • Children’s Act 1998 (Act 560) as amended by the Children’s (Amendment) Act 2016 (Act 937)
  • Adoption Regulations 2018 (L.I.2360)
  • Adoption Rules 2003 (C.I. 42)
  • High Court (Civil Procedure) Rules 2004 (C.I. 47)

EXTERNAL OR INTER-COUNTRY ADOPTION

External or Inter-country Adoption occurs when the adoptive parent resides outside the country where the child is adopted. Upon adoption, the child moves to the adoptive parents’ country and lives with them permanently.

Types of Inter-country Adoption:

  1. Relative Adoption: The adoptive parent is related to the child through blood, marriage, or previous adoption.
  2. Non-relative Adoption: There is no familial relationship between the adoptive parent and the child.

Criteria for an Adoptable Child:

An adoptable child is determined by the Central Authority’s Technical Committee based on the following:

  1. The child has been abandoned or relinquished to the state by their parents or relatives.
  2. The child cannot be kept in or reunited with their family.
  3. The child is under a care order.
  4. Consent for adoption has been obtained.
  5. The child’s details are entered into the Adoption Register by the Central Adoption Authority.

Eligibility of an Applicant:

  1. For non-relative adoption: the prospective parent must be 25-50 years old and at least 21 years older than the child.
  2. For relative adoption: the prospective parent must be 21-65 years old.
  3. Exceptions to age requirements may be considered in exceptional circumstances.
  4. The applicant must be medically fit, not convicted of child-related offences, have a sustainable income, and meet moral and caregiving standards.

The Adoption Process:

  1. Approval by CAA: The Central Adoption Authority (CAA) determines the eligibility and suitability of the applicant.
  2. Training: The applicant undergoes training in adoption-related topics.
  3. Home Study: A home study report is prepared to assess the background and circumstances of the applicant.
  4. Child Matching: The CAA matches the eligible applicant with an adoptable child.
  5. Pre-adoption Placement: The child lives with the applicant under supervision for three months.
  6. Adoption Order: The applicant applies to the High Court for an Adoption Order.
  7. Post-Adoptive Birth Certificate: A new birth certificate is issued.
  8. Travel Documents: The applicant applies for travel documents for the child to leave the country, after which the Department of Social Welfare issues a Travel Clearance Certificate.

INTERNAL OR INTRA-COUNTRY ADOPTION

Intra-country Adoption refers to adopting a child within Ghana, with the adoptive parents living in the country.

Types of Intra-country Adoption:

  1. Relative Adoption: The applicant is related to the child.
  2. Non-relative Adoption: There is no familial relationship between the applicant and the child.

The Intra-country Adoption Process:

  1. The applicant’s eligibility and suitability are determined by the CAA.
  2. The applicant must undergo medical screening and police clearance.
  3. A home study is conducted, followed by a report assessing the applicant’s background.
  4. A child is matched with the applicant, and an arrangement is made for them to meet.
  5. The applicant undergoes adoption-related training.
  6. Pre-adoption placement: The child lives with the applicant for three months under supervision.
  7. The applicant applies to the High Court for an Adoption Order.
  8. A post-adoptive birth certificate is issued.
  9. The adoptive family is monitored for five years after the adoption is finalized.

REQUIREMENTS FOR ADOPTION

  1. Home Study Report
  2. Approval Letter from the Central Authority
  3. Evidence of Marriage (if applicable)
  4. Birth Certificate(s)
  5. Medical/Health Certificate (Form 9)
  6. Police Clearance Report
  7. Proof of Employment/Income
  8. National Identification
  9. Spousal Consent (Form 12)
  10. Two Reference Letters
  11. Training Evidence for Prospective Adoptive Parent
  12. Photos/Audio-Visual Recordings of the Applicant’s home and family
  13. Guardian ad Litem Statements
  14. For relative adoption: Proof of relationship with the child

CONCLUSION

Although the adoption process in Ghana is lengthy and can be challenging, it offers a valuable opportunity for individuals and families to provide a loving home for children in need. Adopting a child not only provides a child with a permanent family but also supports the child’s overall well-being and development.