15/05/2025
Does a child have a say in adoption?
Sarah is 15 years old and has lived in a children’s home since she was 10. One day, she heard that a kind couple, Mr. and Mrs. Kato, wanted to adopt her. According to Ugandan law, because she is over 14 years old, her consent is required before the adoption can go ahead.
When Sarah met with the judge, she explained that while she liked Mr. and Mrs. Kato, she had grown close to her caregiver at the children’s home and felt nervous about leaving. She asked if she cpuld take some time to adjust before moving in with them.
The judge listened to Sarah’s feelings and respected her wishes. Instead of rushing the process, they agreed on a plan where Sarah would spend time with Mr. and Mrs. Kato before making a final decision. This way, she felt comfortable and included in the process.
WHAT DOES THE LAW SAY ON THIS?
In Uganda, the adoption process is governed by the Children Act, which emphasizes the best interests of the child. A child's involvement in adoption decisions like; where they want to stay and with which parent, differs based on their age and understanding.
When it comes to children aged 14 years and above, legally, they must provide their consent for the adoption to proceed. This ensures that older children have a direct say in decisions affecting their lives.
For children below 14 Years, while not legally required, courts may consider the views of younger children if they are deemed capable of understanding the proceedings. This allows the child's feelings, emotions and preferences to be considered, even though formal consent is not a must
Overall, the whole idea is to strive to balance legal requirements with the child's maturity and comprehension, ensuring that their perspectives are considered appropriately during the adoption process.