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Gay couple adoption still prohibited: Constitutional Court

Gay couple adoption still prohibited: Constitutional Court
Thursday, 12 November 2009 11:09 Kirsten Begg

The Colombian Constitutional Court clarified that same sex couple adoption is still prohibited, following the ruling of an Antioquian court that granted joint maternal custody to a lesbian couple.
The Court Wednesday announced Wednesday evening that the ruling by the Antioquian court was unconstitutional. The lesbian couple case had sought to overturn a law prohibiting same sex couple adoption.
The two women, who have been together since 2005 and formalized their union before a notary in 2008, decided to have a baby via artificial insemination, reported news station W Radio on Friday.
Their initial petition for joint maternal custody to welfare agency Bienestar Familiar was denied on the grounds that a same-sex partnership does not consititute a family.
The two women subsequently took out court order to challenge this denial.
The Antioquia court ruled that the couple, both the biological mother and her partner, had the right to joint legal custody of the child and ordered Bienestar Familiar to process the adoption within 48 hours.
Bienestar Familiar failed to process the court ordered adoption, the Inspector General told Caracol Radio Tuesday.

Accounts of Chinese children being kidnapped, bartered and sold to orphanages have many adopters wondering about their children.

Accounts of Chinese children being kidnapped, bartered and sold to orphanages have many adopters wondering about their children. Some may try to track down the birth parents -- but then what?

By Martha Groves

November 11, 2009 / latimes.com

When television producer Sibyl Gardner adopted a baby girl in China in 2003, the official story was that the infant had been abandoned on the steps of the salt works in the city of Guangchang, where a worker found the day-old child and took her to a social welfare institution.

But after reading with "utter horror" the latest revelations of child trafficking in China in the Los Angeles Times, Gardner found herself contemplating a trip to back to Jiangxi province to investigate how Zoë, now 7, came up for adoption.

"I don't think I could live with myself for the rest of my life thinking that my desire to have a child could have caused tragedy in someone else's family," Gardner said. "I'm going to need answers, and for my daughter's sake as well."

China has long been the most popular source for U.S. parents seeking to adopt from overseas. Since the early 1990s, more than 80,000 Chinese children have been adopted by parents from other countries, the United States leading the way.

In the last five years, U.S. parents have adopted nearly 31,000 children from China. The conventional wisdom has been that the children were abandoned because of China's restrictions on family size and the nation's traditional preference for boys, who serve as a form of social security for parents.

But adoptive parents have been unsettled by reports that many children have been seized through coercion, fraud or kidnapping, sometimes by government officials seeking to remove children from families that have exceeded population-planning limits or to reap a portion of the $3,000 that orphanages receive for each adopted child.

Some adoptive parents "looked the other way" when they heard reports about child trafficking in Hunan province years ago, said Jane Liedtke, founder of Our Chinese Daughters Foundation, a nonprofit organization that offers programs and tours for families with children from China. Now that trafficking cases have been documented not just in Hunan but also in Guizhou, Guangxi and other provinces, "people say, 'Oh, I didn't know. My agency didn't tell me. If I'd known, I wouldn't have adopted.' "

To that, Liedtke responds: "Oh, yes, you would have. You wanted a child."

Mark Brown said he and his wife, Nicki Genovese, felt sickened by the thought that their daughter might not have been found at the gates of a park and taken by police to an orphanage, as they had been told.

They had just returned to Los Angeles in 2005 after adopting a Chinese foundling in south-central Hunan province when they read the news reports about trafficking. Police had arrested 27 members of a ring that since 2002 had abducted or bought as many as 1,000 children in Guangdong province and sold them to orphanages in Hunan.

"It put everything into question," said Brown, whose family has since moved to New York. "Was she really found? Was she abducted or taken by family services? If she had been taken away from her parents, it is heart-wrenching.

"On one hand, it's horrifying and your stomach is churning. On the other hand, it brings to light something you're trying to block out -- that business there and life there is pretty wild."

As reports have continued to surface, some adoptive parents have become wracked by ethical, legal and moral questions.

"I was shocked but educated" by the most recent revelations, said Judith Marasco, who is on sabbatical in China with her 5-year-old adopted daughter. The fact that some people have been punished, she said, suggests that many more "are getting away with these abominable acts."

"No adoptive parent wants to entertain the thought that our child was the victim of this kind of child trafficking," Marasco said. "But think of the Chinese parents and how much worse this is for them."

China for many years was considered to have one of the world's most dependable international adoption programs.

"When I chose China, it seemed to be a very clean, very legal process, and that was a good deal of what appealed to me," said Peggy Scott, who adopted 16 years ago and is president of Families With Children From China-Northern California, a support group.

Some families on adoption-related e-mail groups have expressed fears that reports of child trafficking will taint all China adoptions, even though agencies and adoption experts say most of the adoptions in China are well regulated and legitimate.

"We shouldn't draw overly broad conclusions from any specific examples," said Adam Pertman, executive director of the Evan B. Donaldson Adoption Institute, a nonprofit group that works to improve adoption policies and practices. Still, he said, "one kid, one birth mother where it's done badly, unethically or for the wrong reasons is one too many."

A U.S. congressional commission that monitors human rights in China said in a 2005 report that "trafficking of women and children in China remains pervasive," with many infants and young children abducted for adoption and household services.

According to an estimate cited in the report, 250,000 women and children were sold in China during 2003.

China has cracked down on many family planning officials and orphanage workers found guilty of trafficking, with some violators sentenced to death or long prison terms, according to Chinese news agencies. Still, Liedtke said the United States has treated China differently from other sending countries. U.S. families, for instance, are not allowed to adopt from Cambodia, Vietnam and Guatemala because of evidence of trafficking or other corruption.

"As a country, we should come out and say the Chinese government has to demonstrate what it's doing to prevent" trafficking, she said. But she added that it would be tragic to close off adoptions from China because "there are still way too many children who need help."

The Canadian government opened an investigation in October after The Times documented numerous cases in which Chinese babies were confiscated from their parents by local government officials and sold for foreign adoption.

And BBC News reported recently that China had rescued 2,008 kidnapped children and had reunited some with their birth parents. The Chinese established a national DNA database this year to help trace missing children.

For Ellen and John Lawler of Echo Park, who traveled to China with Brown and Genovese, the initial trafficking reports came as a shock. They plan to return to Jiangsu province to search for their daughter Jemma's biological parents. They have an advantage: The orphanage director wrote a book with photographs of adoptive families so residents of Gaoyou could see that the children were being cared for.

"He wanted to lay the groundwork for the possibility of birth parents coming forward," Ellen Lawler said.

Meanwhile, with China adoptions now taking several years, the Lawlers are seeking to adopt a second child, this time from Ethiopia, where distressing reports of trafficking have also surfaced.

"I've discussed this with [our] agency, and I've been reassured," Ellen Lawler said. "But I could be accepting it because it's what I want to hear."

Although Gardner, a supervising producer for the "Saving Grace" TV series, doesn't expect to take Zoë back to China for at least a year, she is already considering the complicated logistics. She has an important clue that many parents don't have: photos of the foster mother in China who cared for the child until a couple of weeks before the adoption.

Gardner would probably hire a translator for the trip, since she speaks no Mandarin. She would invite other parents who traveled to China in 2003 with her and her former husband, Gary Stetler, to join forces and make the journey together.

More daunting, she acknowledged, is how an adoptive mother in the United States could "make amends for such a tragic thing," if she learned that her daughter had been bartered.

"I don't have an answer for that," she said. But she is certain of this: "I would want that family to know Zoë and her to know them."

Montana churches take on challenge in Ethiopia

Montana churches take on challenge in Ethiopia

November 11th, 2009 at 11:01 am |

By SUSAN OLP

BILLINGS, MONTANA (Billings Gazette) — Harvest Church's African journey began two years ago at a leadership summit. Pastors from the Billings Heights church watched a stellite feed of a talk by British screenwriter and director Richard Curtis. Curtis, a humanitarian, has raised nearly $1 billion for charitable causes.

"He was showing poverty around the world, especially needy kids," said Tim Weidlich, teaching pastor at Harvest.

Curtis aired a two-minute clip of a young girl in India as she unfurled a blanket on a sidewalk and lay down to sleep. All the while, people walked by without a second glance.

"We thought, 'We can't live with that happening, but we can't do everything. What can we do?' " Weidlich said.

After six months of research, Weidlich and a team of 15 lay people chose to focus on relieving the suffering of or-phans in Ethiopia, in east Africa.

"That country has easily the greatest need," he said. "It's the second-most impoverished nation in Africa, with 4.6 million orphans and 250,000 homeless orphans in Addis Ababa, the capital of Ethiopia."

The church decided to take a two-part approach: do humanitarian aid projects in Addis Ababa to help the orphans survive and become productive members of society, and to adopt youngsters from that country and bring them to Billings.

The church wasn't alone in that decision. Journey Church, a daughter congregation of Harvest in Bozeman, decided to partner with Harvest on the project.

Team visits Ethiopia

Weidlich led a team, which included the Rev. Brian Hopkins, pastor of Journey Church, on a trip to Ethiopia last November. Out of that came a connection with Bright Hope School in Addis Ababa and with Christian World Adoption out of Flat Rock, N.C., which operates four orphanages in Ethiopia.

The team also returned with video that was incorporated into a presentation pastor Vern Streeter unveiled to the Harvest congregation in late March. Streeter issued the challenge to join in the humanitarian effort the church called Ethiopia Hope.

Eleven families decided to adopt one or more children. And a team of 13 people volunteered to travel to Addis Ababa to partner with Bright Hope to dig a well, build a security fence and help the school develop a farm that will teach the students a trade, provide food the school and help it make extra money to live on.

The school has 2,400 students – about a fourth are orphans. The team left Oct. 30 for the trip and will be in Africa for 12 days.

They already have begun to blog about their efforts there.

"This morning I didn't know if things had fully hit me yet," team member Heidi Scheie wrote on Wednesday. "Then I wondered if my brain would allow me to process the magnitude of the poverty that we are surrounded by, then I wouldn't be able to sleep at night. I wouldn't be able to function."

But the team has functioned, getting to know the people, getting the work done and trying to make a difference, said team member Kyle Reynolds. Fifty-five local people joined the team in building the fence that only the day before had seemed like an overwhelming task, Reynolds said.

"We did it, and we did it together … land, culture, an ocean, or even language could (not) stop a group of people wanting to make difference in one of the poorest countries in the world," he wrote.

Family expansion

Back in Billings, Tim and Kerry Davis decided to give up their almost-empty nest to adopt two Ethiopian brothers, Gabe, 12, and Max, 8. The Davises aren't strangers to adoption, having adopted daughter Sydney, 17, when she was a baby.

Tim and Kerry also have two sons, Taylor, 23, and Garrett, 22. Tim said it was always a goal of his and Kerry's to expand their family.

"And Sydney was the greatest advocate of doing it," Tim said, sitting in a conference room at Harvest Church with Kerry, Weidlich, Susan Peterson, the adoption program coordinator, and Jon Ekker, who helped organize a fundraising concert to cover adoption costs. Both Peterson and Ekker and their spouses also are adopting orphans.

Adoption is arduous and expensive, Peterson said. The process takes anywhere from eight to 18 months, and the cost per child is about $25,000.

That's why Ethiopia Hope is sponsoring a concert Sunday at the Shrine Auditorium, to help defray costs for the adopting families. It also put on dinners, lunches and a garage sale in the spring.

Adopting can't be an emotional response to the needs of the children, Peterson said.

"This is a lifelong commitment," she said. "I'm so impressed with the thoughtful approach of these people. They're fully committed to the process and fully committed to the children."

The church is walking through the adoptions with each of the families. It also has established a support group for the parents to share with and encourage each other, and for the adoptees to spend time together.

Kerry and Tim left for Ethiopia on Aug. 29 and returned with the boys on Sept. 6. The youngsters, enrolled at Independent School, are learning to speak English, and they communicate in other ways, with their hands and their expressions.

Adjusting to Billings

They're doing well, Kerry said. They fit well in the neighborhood, playing with the other boys who live on their block.

"We didn't get these kids as babies," she said. "But they are adjusting. They had a life before us, but kids are universal. They do all the same things."

Max already has earned the title of "Hero of the Week" at school. The boys love to wrestle, enjoy riding bikes and both are talented at soccer.

"Most importantly, they're just part of our family," Kerry said.

Weidlich said Ethiopia Hope has long-term goals. After volunteers complete their work with Bright Hope, the church plans to partner with a church in Addis Ababa that works with orphans.

Harvest also has a goal for families in the church to adopt about 50 orphans altogether, Weidlich said. That will develop a population of Ethiopians in Billings, he said.

The idea, too, will be to involve the youngsters, as they grow up, in Harvest's future work in Ethiopia, Weidlich said. Someday, some of them may even return to their home country as doctors or humanitarians.

"We see this as a cycle," he said, "with them impacting our country and our country impacting theirs, so it's not one-sided."

The New Testament book of James exhorts the church to reach out to widows and orphans. That's the bottom line, Weidlich said.

"That's what it's kind of about for us."

(Susan Olp can be reached at solp@billingsgazette.com)

Child Law Under Revision - by Wezi Tjaronda

Child Law Under Revision - by Wezi Tjaronda

20 April 2009

WINDHOEK – The Child Care and Protection Bill will be revised to suit the needs of the Namibian children.
The Bill, first drafted in 1994 and revised a number of times, is intended to replace the Children’s Act 33 of 1960, which is outdated and is not in keeping with the interest of children in the country. The Ministry of Gender Equality and Child Welfare is revising the piece of legislation, with technical support from the Legal Assistance Centre. The technical working group includes the ministry, LAC, Ministry of Health and Social Services and the Ministry of Justice.

The LAC said last week law reform in the area is needed for children in Namibia to receive the care and protection they deserve.

The Bill addresses children’s courts, early intervention services, procedures for removing endangered children from the home, foster care, adoption, child trafficking and child headed households, which are critical areas that are needed to ensure that the rights of children in Namibia are protected and upheld.

2000 NMB: Inception Report: A Situation Analysis of Orphan Children in Namibia

Evaluation report

2000 NMB: Inception Report: A Situation Analysis of Orphan Children in Namibia

Author: Social Impact Assessment and Policy Analysis Corporation

Executive summary

Background

Hope’s Promise Orphan Ministries GERMANY

Erneut möchte ich unsere deutschen Sponsoren besonders erwähnen, die sich
so hingebungsvoll um unsere Kinder kümmern. Im Januar war der Sponsor
von
Salome zu Gast, der uns mit Lebensmitteln überraschte, die anschließend
unter allen Familien verteilt wurden. Deutschland ist seit dem Beginn im Jahr
2003 ein Segen bringender Partner von uns. All das nahm seinen Anfang
durch die Adoption einer kleinen Prinzessin durch eine ganz besondere
Familie aus Deutschland. Die Rechnung ist einfach und geht dennoch auf: ein
afrikanisches Kind + eine ambitionierte deutsche Familie = Gottes Wille ist in
Namibia vollbracht.
Danken möchte ich auch allen Lehrern und Freiwilligen, die durch ihre
Mithilfe gezeigt haben, dass Fürsorge keine kulturellen und ethnischen
Grenzen kennt.
 
------------------------------
 
III. Patenschaften/ Adoptionen:
Brenda hat während des Workshops mit einem Mitarbeiter des
Ministeriums über dieses Thema sprechen können. Nach seiner Meinung
will Namibia auch in nächster Zeit keine Adoptionen ins Ausland im
größeren Stil zulassen. Das Land hat zwar das Haager Abkommen noch
nicht unterzeichnet, ist aber auf dem Weg dorthin. Die Landesgesetze
verbieten zwar keine Adoptionen ins Ausland, dennoch werden nur sehr
wenige genehmigt. Leichter würde es für die Eltern fremder
Nationalitäten, wenn sie in Namibia leben und arbeiten würden. Die
derzeitige Gesetzeslage beruht immer noch auf dem
Childrens Act von
1960.
 
http://www.kinder-und-familienhilfe-namibia.de/download/Ak%20Januar_2009_deu.pdf

Committee on the Rights of the Child

Committee on the Rights of the Child
3. State Party Reports
Namibia
I. GENERAL MEASURES OF IMPLEMENTATION
(...)
10. The main piece of Namibian legislation dealing with children is the Children's Act No. 33, 1960, a statute which was inherited from the Republic of South Africa. The central purpose of this law is the protection of children. This includes the provision of alternatives for the punishment and rehabilitation of child offenders, as well as mechanisms for protecting children from neglect, exploitation and harmful environments. The statute also regulates adoption.
(...)
II. DEFINITION OF THE CHILD
(...)
34. The Children's Act - which covers such matters as adoption, children's homes and places of detention, children's courts, the prevention of neglect, ill-treatment and exploitation of children and children in need of care -defines a "child" as any person who is under the age of 18 years, and includes for certain purposes persons between the ages of 18 and 21.
(...)
48. There are a variety of other areas in which children acquire different rights and powers at different ages. For example, a child over the age of 10 must consent to his or her own adoption (Children's Act No. 33, sect. 71 (e)). Children who have reached the age of 16 are eligible to obtain a licence for a firearm (Arms and Ammunition Act No. 75, 1969). A child over the age of 16 is competent to make a will (Wills Act No. 7, 1953).
(...)
III. GENERAL PRINCIPLES
(...)
76. As noted above, the opinion of the child is also sought in regard to alternatives to the family environment. Under the existing laws relating to adoption, a child over the age of 10 must consent to his or her own adoption. Also, where a children's court holds an inquiry in respect of a child in need of care because of material or moral neglect, the law requires that the inquiry be held in the presence of the child, unless this is deemed inadvisable because of the child's infancy, ill-health or some other sufficient reason. (Children's Act, sect. 30).
(...)
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(...)
G. Adoption
199. Adoption is governed by the Children's Act. There are four categories of persons who are eligible to adopt children: (i) a husband and wife jointly; (ii) a single person (unmarried, divorced, widow or widower); (iii) a married person acting individually, where the spouse is mentally disordered or defective; or (iv) a married person acting individually, where the spouses are separated by judicial decree.
200. There are a number of rules concerning the age of the adoptive parents and the age of the adoptive child. The basic rule (sect. 70) is that the adoptive parent must be over the age of 25, and the child to be adopted must be under the age of 16 and at least 25 years younger than the adoptive parent. There are, however, a number of exceptions to this rule, and there is a particular degree of flexibility where the child to be adopted is related to someone in the adoptive family (for example, where a child is born to one of the spouses in a marriage and the couple wish to adopt the child jointly).
201. Consent to adoption must be given by the child's parents or guardian. In the case of a child born to a single mother, only the mother's consent is required. The consent of one parent is also sufficient where the other parent is dead, mentally incompetent or incarcerated as an habitual criminal, or where one parent has deserted the child (sects. 71 and 73). Parental consent may be dispensed with altogether where such circumstances apply to both of the child's parents. Where the child to be adopted is over the age of 10, the consent of the child must be obtained.
202. All applications for adoption are considered by a children's court, which may consider evidence on any matter which it considers relevant to the adoption. The court's primary consideration is whether the proposed adoption will serve the interests of the child. The court must satisfy itself that the adoptive parent or parents are fit and proper persons to be entrusted with the custody of a child, as well as being financially able to maintain and educate the child. The court is also expected to take into consideration the child's religious, cultural and ethnic background, although there are no hard and fast rules on this point (sects. 71 and 35 (2)).
203. Upon adoption, the child normally receives the surname of the adoptive parent and is treated as the natural child of the adoptive parent for purposes of inheritance from that point forward, although the adopted child does not have the right to inherit from any relative of the adoptive parent in the absence of a will to that effect. (This exception is balanced by the fact that the adopted child retains the right to inherit from the natural parents of their relatives in the absence of a will (sect. 74)).
204. At the request of the natural parents or guardian, adoptions may be carried out on the basis of non-disclosure, where the identity of the natural parents and the identity of the adoptive parents are not mutually known. The guiding criterion is whether non-disclosure will serve the interests of the child (sect. 71 (3)). Where the adoption is not granted on the basis of non-disclosure, the court may give the natural parents or guardian permission to visit the child during the first two years after the adoption takes place (sect. 75).
205. An adoption may be rescinded in three circumstances: (i) where a natural parent of the child applies for recision on the grounds that the adoption was improperly granted without his or her consent; (ii) where the adoptive parent of the child applies for recision on the grounds that the adoption was induced by fraud, misrepresentation or error, or on the grounds that the child suffers from a mental illness or defect which existed at the time of the adoption; (iii) where an application for recision is made by a natural parent or guardian, by the adoptive parent or by the State on the grounds that the adoption is detrimental to the child (sect. 76).
206. The government officials who administer the adoption laws report that illegal adoptions are not a problem in Namibia.
207. National statistics on adoption are available. In the period from independence to the end of August 1992, 127 adoptions were registered nationwide, with about 70 per cent of these being the children of single mothers adopted at birth. In some cases such children are adopted by members of the extended family. In about 60 per cent of all adoptions, the identity of the biological parents is not disclosed to the child or the adoptive parents. There is generally no problem in finding adoptive parents for children of any race or sex, as there is a list of prospective adoptive parents.
208. Intercountry adoption is illegal in Namibia. In the case of any child born to a Namibian citizen, the applicant (or at least one of the applicants) for adoption must be a Namibian citizen resident in Namibia. The only exceptions are where at least one of the adoptive parents is a Namibian citizen and a relative of the child but resides outside the country, or where at least one of the adoptive parents is a permanent resident who qualifies for naturalization as a Namibian citizen and has in fact already applied for naturalization. Although these exceptions are extremely narrow, ministerial approval is also required in such cases (sect. 71 (2) (f)).
H. Illicit transfer and non-return
209. Very few instances of this problem are reported in Namibia, although this does not necessarily mean that the problem does not exist.
210. As a newly independent country, Namibia is still in the process of entering into international agreements on various topics. The Government is still awaiting a list of the agreements entered into on behalf of Namibia by the South African administration, as such agreements remain binding on Namibia in terms of article 143 of the Namibian Constitution, unless they are specifically repudiated by Parliament. Namibia is also in the process of negotiating extradition treaties with South Africa and Botswana, a step which would help to make redress possible in the case of children illegally taken abroad.
211. Although Namibia is not a party to any specific international agreements on the issue of kidnapping, the Ministry of Foreign Affairs is keeping abreast of international developments in this area.
(...)
J. Periodic review of placement
(...)
226. As noted above, an adoption can be rescinded at any stage if the adoption is determined to be detrimental to the child.
VIII. SPECIAL PROTECTION MEASURES
(...)
C. Children in situations of exploitation
(...)
491. Namibia does not have a problem with "black market" adoptions. The Children's Act (sect. 86) makes it illegal to publish advertisements relating to the adoption or custody of children, including a mere intimation of a willingness to adopt or to provide a child for adoption. The publisher and the editor of the publication in question can be convicted of an offence and can also be incarcerated until they reveal the name and address of every person involved in the offending advertisement. It is illegal for any person to give or to receive money or anything else of value in connection with the adoption of a child. This applies to the prospective adoptive parents, the natural parents or guardian, or any other person (sect. 79). There are no indications that any adoptions are taking place outside of the statutorily prescribed procedure (see sect. V H above).
Source: Initial reports of States parties due in 1992: Namibia, UN Doc. CRC/C/3/Add.12, paras. 10, 34, 48, 76, 199-211, 226, 491 (22 January 1993)
http://www.unicef-irc.org/portfolios/documents/158_namibia.htm

Zambian Adoption Program

Zambia

We are pleased to offer our newest African program – ZAMBIA

Zambia is a beautiful country, rich with culture and history. Amidst its spectacular rivers and waterfalls, it is also a poor country, where thousands of orphaned children are in need of permanent loving homes.

The capital of The Republic of Zambia is Lusaka.  Zambia is located in southern Africa.  The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana, and Namibia to the south, and Angola to the west.  The population of Zambia is approximately 11 million, with approximately 1.7 million people living in the capital city.

Zambian Adoption Program
The Zambian adoption program is open to both single female applicants, and married couples between the ages of 25 - 50 years old.

German couple granted adoption of Namibian Child

German couple granted adoption of Namibian Child

 
Written by Faith Sankwasa and Tirivangani Masawi   
Thursday, 24 September 2009
HIGH Court Judge, Justice Sylvester Mainga, has ordered the state to allow a German couple to adopt a Namibian child who is currently living under their care.
The couple, Jen Holger and Bianca Detmold were seeking a court interdict in the adoption of Sonia Hammerslacht but the state argued that they were disentitled to adopt as they had not yet acquired Namibian citizenship.
In their application, the Detmolds cited the Ministry of Health and Social Services, Ministry of Women’s Affairs and Child Welfare (now Gender Equality and Child Welfare) and the Commissioner of Child Welfare for the Okahandja District as the respondents.
Government attorneys were questioning the legality of the adoption of Namibian Children by foreigners as it is not catered for in the country’s Constitution.
Presiding over the case heard yesterday at the Windhoek High Court, Justice Mainga ordered the state to hand over the birth certificate and adoption order as required by the applicants.
The State argued that, despite the agreement between the couple and the child’s biological mother, the law does not allow Namibian children to be adopted by foreigners.
The State quoted Article 15 (1) of the Constitution which says Namibian children should be cared for by their biological mothers and that the law does not specify on the adoption of children by foreigners therefore provision should be made for Parliament to deliberate on the matter.
According to the Namibian law, the couple should be permanent residents in the country for them to be able to adopt the child.
However, according to Justice Mainga’s order, the adoption should be urgently approved and that failure to comply with the order will not be condoned.
Permanent Secretary for Women Affairs and Child Welfare, Errka Usiku, who was cited as the respondent had also filed an affidavit objecting to the adoption but Justice Mainga’s order nullified the affidavit.
In addition, Usiku argued that they could not make the concession as the matter could be referred to the Children’s Court for consideration if Parliament removes the absolute prohibition upon non-Namibians as parents.
faiths@tgi.naThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it or informante8@tgi.na

http://www.informante.web.na/index.php?option=com_content&task=view&id=4922&Itemid=100

Namibia: Childcare And Protection Bill Revised

Namibia: Childcare And Protection Bill Revised
Theron Kolokwe
12 June 2009

 

Windhoek — Workshops aimed at revising the Child Care and Protection Bill that is intended to eventually replace the outdated Children's Act 33 of 1960 were being held in the capital this week.
A number of international specialists on child law had also been brought into the country to make inputs into the bill.
The purpose of these, as well as earlier consultative workshops, is for the Ministry of Gender Equality and Child Welfare to ensure that the bill is in the best possible form before being tabled in Parliament at the end of the year.
The bill addresses a number of key areas including children's courts, early intervention services, procedures for removing endangered children from the home, foster care, adoption, child trafficking, child-headed households and many more issues.
"The Ministry of Gender Equality and Child Welfare has planned of revising the Child Care and Protection Bill through an extensive consultation process which is financially and technically supported by UNICEF.
During the last 15 years, the Bill has undergone numerous revisions and adaptations and finally there is a recently drafted Bill (Child Care and Protection) that is being completed by the Ministry of Justice in 2008." said Minister of Gender Equality and Social Welfare, Marlene Mungunda
http://allafrica.com/stories/200906120605.html