In the Anglophone regions of Cameroon (the North West and South West regions), which operate under common law, adoption is governed by both Cameroonian statutes and customary practices. The process is generally formal and legally structured, involving several steps, agencies, and requirements. Here is a detailed breakdown:
- Legal Framework
• Cameroon Civil Status Registration Ordinance of 1981: This is the main statute governing adoption in Cameroon. It outlines the process and requirements for legal adoption, whether by Cameroonians or foreigners.
• Penal Code and Civil Code: These contain provisions related to the protection of children and obligations to adoptees.
• Customary Law: In some cases, customary law may influence the adoption process, especially if the adoptive parents or the child come from a specific cultural background that follows traditional practices. - Types of Adoption
• Full Adoption: This is the most common form, where the child legally becomes a full member of the adoptive family, severing ties with the biological family. The child gains the same rights as a biological child of the adoptive parents, including inheritance rights.
• Simple Adoption: Less common, this type allows the child to retain ties with the biological family, and they may not have inheritance rights in the adoptive family. - Eligibility Criteria
• Age: Adoptive parents must be at least 35 years old if single. If a couple, at least one spouse must be 35, and they must be married for a minimum of ten years.
• Relationship Status: Single individuals, married couples, or in some cases, unmarried partners can adopt. However, they must demonstrate the capacity to care for the child.
• Minimum Age Difference: There must be at least a 15-year age difference between the adoptive parent(s) and the child.
• Child’s Status: Only children declared eligible for adoption by the Ministry of Social Affairs or an authorized institution can be adopted. This includes orphaned, abandoned, or certain eligible children from families in distress. - Adoption Procedure
Step 1: Application
• The prospective adoptive parents must submit an adoption application to the Ministry of Social Affairs (MINAS). This application should include personal and background information, marital status, and intent to adopt.
• Supporting documents, including proof of income, police clearance certificates, and health assessments, are also required.
Step 2: Social Inquiry
• The Ministry of Social Affairs will conduct a social inquiry to assess the suitability of the adoptive parents. This involves home visits, interviews, and gathering information on the adoptive family’s financial status, social habits, and general lifestyle.
• The Ministry ensures that the adoptive family can provide a stable and nurturing environment for the child.
Step 3: Approval from the Courts
• Once the Ministry of Social Affairs gives its consent, the application moves to the High Court within the jurisdiction of the adoptive parents. A petition for adoption is filed, and a judge reviews the case.
• During the hearing, both the adoptive parents and the child (if old enough to understand) are typically required to attend.
• The judge may request additional information or documentation to determine if the adoption is in the child’s best interest.
Step 4: Final Adoption Order
• If the judge is satisfied with the conditions, they issue an adoption order, which legally transfers parental rights and responsibilities to the adoptive parents.
• This order is recorded in the Civil Status Registry, and the child’s new status is formalized. A new birth certificate is usually issued with the adoptive parents’ names. - Post-Adoption Requirements
• Adoptive parents are typically required to report periodically to the Ministry of Social Affairs regarding the child’s welfare, especially in the early years after the adoption.
• Follow-up visits may be scheduled to ensure the child’s well-being and proper integration into the family. - International Adoption
• For foreign nationals wishing to adopt Cameroonian children, the process is similar but involves additional steps, such as obtaining clearance from their home country and meeting any international treaty obligations (e.g., Hague Adoption Convention requirements if applicable).
• Foreign prospective parents need a positive home study and approval from their country of residence. They must also demonstrate they can provide the child with a stable home environment. - Challenges and Considerations
• Lengthy Process: The adoption process can be lengthy due to the thorough scrutiny by government authorities to ensure the child’s best interests are prioritized.
• Customary Considerations: In some cases, customary leaders or family members of the child may need to consent, particularly in cases involving family or kinship adoptions. - Role of Kiyah and Partners Law Firm
• In Cameroon’s common law regions, it’s highly advisable for adoptive parents to work with a lawyer experienced in family and adoption law to navigate the procedure effectively. To this end, kiyah and partners have specialised family and adoption lawyers versed with these procedures.
• Kiyah and partners can assist with documentation, court filings, and adherence to procedural requirements, ensuring the process complies with both statutory and customary laws.
If you’re considering adoption in Cameroon, securing assistance from legal experts and familiarizing yourself with both statutory and procedural requirements , kiyah and partners law firm is here to guide you navigate through the adoption process.