A Critic of the Law of Adoption in Uganda.
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Date
2012-06
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Kampala International University, School of law.
Abstract
The research is majorly set to critically examine the law relating to
adoption of children in Uganda. Adoption refers to the vesting of
parental rights and duties related to a child in the adopters on their
application to the court vested with jurisdiction to grant an adoption
order.
The topic is examining whether the law confirms lo the social,
economic needs of Uganda today, whether the law is not an obstacle Lo
the adoption practice. The discussion will in ter alia cover the
jurisdiction of adoption applications, prerequisites, conditions ,
consent, inter country adoption, effects of adoption, procedure for
adoption, wills by adopter and adoptive parents and revolution of
property.
The Children Act Cap 59 has got unnecessary technicalities,
unreasonable conditions and requirements, a lot of inadequacies, a
complicated procedure and effects which defeat the interests of
legislation.
The major aim is to analyze the law relating lo adoption of children
under th e Children Act Cap59
As earlier on noted ,the law is silent on whether the adopted chiidcan
voluntarily end the adoption, its very strict and the Act docs not
protect the child after the adoption order is granted.
The law should be amended to provide for voluntary candidates
adoption by the child, the strictness of the law perse is not bad, it
should be relaxed to encourage adoption, the !av,, should provide for
mechanisms of monitoring and ensuring that the adopted children are
safe and a re adequately catered for, the law should not only look at
children in foster care homes but also others such as the street
children.
It is my submission in conclusion that the iaw presupposes a complete
and a total separation of a child from his or her natural parent s Lo lhal
of the adopter through the effect of the law. However, Lhc law as it
stands under the Children Act leaves much Lo be desired, various
provisions were omitted and even those are nol perfect in nature'. Thus
the law has to a large extent fai led lo conform to the social economic
needs of majority Ugandans. Therefore it is highly doubtable whether
the law relating lo adoption will leave to the expectations of Parliament
if no immediate reforms are not made and effected.
Description
A dissertation submitted to the Faculty of Law
as a Requirement for the Partial Fulfillment for the Award
of Bachelors Degree in Laws of
Kampala International University.
Keywords
Adoption, Law, Uganda