Zambia Act or statute

Zambia legislation

Children’s Code Act, 2022

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Jurisdiction: Zambia
Structure: 300 provisions
Citation: Act 12 of 2022
Dates: As at 11 Aug 2022

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Dates: As at 11 Aug 2022

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Purpose and legislative effect

“This Act may be cited as the Children’s Code Act, 2022.”

This Act may be cited as the Children’s Code Act, 2022. This section defines many terms used in the Act. A child's best interest must be treated as the main concern in matters about the child. In matters relating to children, the listed principles must be applied, including best interests, life and development, non-discrimination, and respecting children’s participation and views. A child has an inherent right to life, dignity, and respect, and the State and family must ensure the child’s survival and development.

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Persons who may adopt

This section says who may apply to adopt a child and who is barred from applying.

Section 200

Illness during placement in inter-country adoption

If a child is seriously ill during the placement, the prospective parent must get immediate medical attention for the child and notify the Director of Social Welfare as soon as practicable.

Section 225

Registration of adoption orders

When the Children’s Court makes an adoption order, it must direct the Registrar-General to make the required registry entries and related changes.

Section 249

Monitoring of progress of child

The Director of Social Welfare must monitor a child’s progress while the child is in a child care facility, and must ensure the child is periodically visited and interviewed by a child welfare inspector.

Section 273

Savings and transitional provisions

References to juvenile courts are read as references to the juvenile court under this Act, and certain pre-commencement staff keep their status and continuous service.

Section 298

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Provisions 201–300

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Showing 100 of 300 provisions

Provision 73Offence 15Commencement 7Amendment 2

Part

PART XIV

§ 200Persons who may adoptOffence

This section says who may apply to adopt a child and who is barred from applying.

200. (1) The following persons may apply to adopt a child: (a) a sole applicant who has attained the age of twenty-five years and is at least twenty-one years older than the child; (b) a sole applicant who has attained the age of twenty-one years and is a relative of a child; (c) two spouses jointly, where one of the joint applicants has attained the age of twenty-five years and is at least twenty-one years older than the child; (d) two spouses jointly where one of the joint applicants has attained the age of twenty-one years and is a relative of the child; or (e) step mother or step father of the child. (2) An adoption order shall be made in favour of the following persons if the court is satisfied that there are special circumstances that justify the making of an adoption order: (a) a sole male applicant in respect of a male child; (b) a sole female applicant in respect of a female child; or (c) in the case of joint applicants, if they are not married to each other. Children’s Code [No. 12 of 2022 343 (3) Despite subsection (1), the following persons shall not apply to be adoptive parents— (a) a single man in respect of a female child and a single woman in respect of a male child; (b) a person from whose care a child has been removed under this Act; (c) a person who is excluded from taking care of a child under this Act; (d) a person convicted of an offence and sentenced to a term of imprisonment exceeding six months without the option of a fine; and (e) a person who has been convicted of an offence under this Act.

Section 200Verify source

§ 201ConfidentialityProvision

Certain adoption information must be kept confidential, but the Children’s Court may allow release of that information on leave, considering the child’s best interests.

201. (1) Subject to the provisions of this Act, the following information during the process of adoption and post-adoption shall be confidential: Confidentiality (a) the identity and any information relating to a child; (b) the identity and any information relating to a child’s parent, guardian or person having parental responsibility for the child; and (c) the identity and information relating to the prospective parent. (2) Information under subsection (1) may, in consideration of the best interests of the child, be released during and after the adoption process on leave being granted by the Children’s Court. (3) Adoption proceedings in the Children’s Court shall be held in camera. (4) In an inter-country adoption, personal information of a child, prospective parent or a child’s parent, guardian or person having parental responsibility for the child shall only be used for the purposes for which it is provided.

Section 201Verify source

§ 202Medical examination of child prior to adoptionProvision

A child may be placed with a prospective parent only after a health practitioner examines the child and a written report is sent to the Director of Social Welfare.

202. (1) A child shall be placed with a prospective parent if the child has been examined by a health practitioner and the person examining the child has reported to the Director of Social Welfare, in writing, on the child’s physical, emotional and mental condition. Medical examination of child prior to adoption 344 No. 12 of 2022] Children’s Code Prohibition of two or more adoption orders simultaneous- ly General prohibitions relating to adoption (2) An examination report required under subsection (1) shall be submitted to the Director of Social Welfare within four weeks of carrying out the child’s medical examination. (3) A child shall, where the child placed with a prospective parent is under five years of age, be medically examined by a health practitioner every month, and the child welfare inspector concerned with the placement of the child shall, so far as possible, ensure that the prospective parent complies with the requirements of this subsection.

Section 202Verify source

§ 203Prohibition of two adoption orders simultaneouslyProvision

Two or more adoption orders must not be made at the same time for the same child.

203. Two or more adoption orders shall not be made simultaneously in respect of the same child.

Section 203Verify source

§ 204General prohibitions relating to adoptionOffence

This section bans several adoption-related acts, including unauthorized adoption, paying or taking consideration for a child’s adoption, coercing someone to give up a child, making improper gain from adoption activity, and publishing adoption advertisements, with listed exceptions.

204. (1) A person shall not— (a) engage in an adoption contrary to the provisions of this Part; (b) give or receive, or agree to give or receive, any consideration, in cash or in kind, or gift for the adoption of a child; (c) through fraud, cohesion, undue influence or duress, cause a person to give up a child for adoption; (d) derive improper financial or other gain from an activity relating to an adoption under this Part; or (e) publish or cause to be published in any form or by any means an advertisement dealing with the placement or adoption of a child. (2) Subsection (1)(b) does not apply to— (a) the biological mother of a child receiving reimbursement for— (i) reasonable medical expenses incurred in connection with the pregnancy, birth of the child and follow- up treatment; (ii) reasonable expenses incurred for counselling; or (iii) any other prescribed expenses; Children’s Code [No. 12 of 2022 345 (b) a lawyer, psychologist or other professional person receiving fees and expenses for services provided in connection with an adoption; (c) a central authority receiving prescribed fees; (d) an adoption agency receiving prescribed fees; (e) a foreign adoption body authorised to provide inter-country adoption services receiving prescribed fees; or (f) any other prescribed person. (3) Despite subsection (2) (a), a reimbursement for the reasons specified under subsection (2) (a) shall not be made at the request of a biological mother. (4) Subsection (1)(e) does not apply to— (a) the publication of a notice under this Act or a court order; (b) an advertisement by an adoption agency accredited to provide adoption services for purposes of recruitment as may be prescribed; or (c) other forms of advertisement as may be prescribed. (5) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both. Division 1 - Domestic Adoptions

Section 204Verify source

§ 205Procedure before adoptionOffence

This section sets out the adoption procedure, including notice, investigation, consent, reporting, and court-supervised placement steps.

205. (1) A person who intends to adopt a child may, three months before the making of an application for adoption, notify the Director of Social Welfare of the person’s intention to adopt a child in the prescribed manner and form. (2) The Director of Social Welfare shall appoint a child welfare inspector to manage the procedure relating to the adoption of a child. (3) A child welfare inspector shall before placing a child with the prospective parent— (a) obtain written consent from the child’s parent, guardian or person having parental responsibility for the child; (b) interview the prospective parent and assess that the prospective parent is a suitable person to adopt a child; Procedure for adoption 346 No. 12 of 2022] Children’s Code (c) visit the home of the prospective parent and confirm, in writing, that the prospective parent is likely to meet the requirements of the particular child and that the conditions of the home of the prospective parent are satisfactory; (d) confirm the good character and suitability of the prospective parent to care for the child from two persons of good standing who know the prospective parent; (e) ensure that the prospective parent is not a mental patient likely to adversely affect the child; (f) establish that a person in the home of a prospective parent has not been convicted of an offence exceeding six months without the option of a fine which would render it undesirable for the child to associate with that person; and (g) ensure that the child and the prospective parent have been counselled on the effects of adoption by the child welfare inspector or any other person appointed by the Director of Social Welfare. (4) Consent required under subsection (3)(a)— (a) may be obtained from a pregnant woman in relation to that woman’s unborn child; and (b) shall be obtained without fraud, cohesion, undue influence or duress. (5) Consent obtained under this section may be withdrawn by the person who has given the consent within thirty days from the date that the consent is given, after which the consent is final, except that a pregnant woman under subsection (4)(a) may withdraw that consent within six weeks of the birth of the child. (6) Consent obtained under this section may be given without the knowledge of the identity of the applicant for an adoption order, and where the consent is subsequently withdrawn on the basis that the identity of the applicant is not known, the consent shall be considered to have been unreasonably withheld for the purposes of section 212. (7) A person who has given consent for a child to be adopted shall not be entitled to remove the child from the care and custody of the prospective parent during the placement of the child with the prospective parent except with the leave of the court and in the best interests of the child. Children’s Code [No. 12 of 2022 347 (8) A child welfare inspector managing the process of the adoption of a child shall, in the prescribed manner and form, prepare a written report to the Director of Social Welfare which shall contain— (a) information under subsection (4); (b) details of the name, approximate age, religion and employment of a prospective parent; (c) the number and approximate ages of other persons living in the household of a prospective parent; and (d) details of the child and circumstances surrounding the situation of the child. (9) The Director of Social Welfare shall, match a child with the prospective parent, on the basis of the report under subsection (8) and apply to the Children’s Court for a supervision order. (10) The Children’s Court shall, where the Children’s Court grants a supervision order under subsection (9), place the child in the care and custody of the prospective parent for a period of three consecutive months before the date of the application to the Children’s Court.

Section 205Verify source

§ 206Visits during placementProvision

A child welfare inspector must visit the prospective parent and child on a set schedule or within 48 hours of a visit request, and must report the visit in writing.

206. (1) A child welfare inspector shall visit the prospective parent and child— (a) within two weeks after the date of the placement of the child with the prospective parent and thereafter once every two weeks; or (b) not later than forty-eight hours after receipt of a request for a visit from the child, a prospective parent or any other person. (2) A child welfare inspector who carries out a visit under subsection (1) shall submit a written report to the Director of Social Welfare and place the report in the child’s case record stating in detail the child welfare inspector’s observations as to the child’s welfare, progress and conduct and changes which have occurred in the circumstances of the prospective parent. (3) A report made under subsection (2) shall, based on a child’s age and level of maturity, include the child’s views and feelings concerning placement and any possible challenges. Visits during placement 348 No. 12 of 2022] Children’s Code Contact between prospective parent and child’s parent in domestic adoption (4) The Children’s Court shall, on an application by the Director of Social Welfare, terminate the placement of the child with the prospective parent where the challenges identified in the report prepared under subsection (2) remain unresolved within seven days of the date of the visit of the child welfare inspector under subsection (1).

Section 206Verify source

§ 207Contact between prospective parent and child’s parent in domesticProvision

Certain people may have contact with a child during a domestic adoption placement if the Children’s Court has approved the placement and the Director of Social Welfare grants permission.

207. (1) A child’s parent, guardian or person having parental responsibility for the child and the prospective parent may, during the placement of the child with a prospective parent and an application for domestic adoption, be in contact— (a) if the placement of the child with a prospective parent has been approved by the Children’s Court; and (b) on permission being granted by the Director of Social Welfare. (2) A contact referred to under subsection (1) may take place on conditions that the Director of Social Welfare may determine. Termination of placement

Section 207Verify source

§ 208Termination of placementProvision

A child must not remain with a prospective parent if the placement is no longer in the child’s best interests.

208. A child shall not remain with a prospective parent where it appears that the placement is no longer in the best interests of the child, except that— (a) the prospective parent may appeal to the Director of Social Welfare if the child welfare inspector seeks to remove a child who has been in the care of the prospective parent prior to the making of an application for adoption; and (b) the Director of Social Welfare, on appeal, may prohibit the removal or authorise the removal subject to conditions that the Director of Social Welfare considers necessary. Prohibition to remove child without leave during placement

Section 208Verify source

§ 209Prohibition to remove child without leave during placementProvision

A prospective parent must not remove a child from the Republic during the placement without leave of the Children’s Court, and must inform the Director of Social Welfare before leaving if leave is granted.

209. (1) A prospective parent shall not remove a child from the Republic during the placement referred to under section 205 without leave of the Children’s Court. (2) A prospective parent shall, where leave is granted under subsection (1), inform the Director of Social Welfare prior to leaving the Republic. Illness during placement in domestic adoption

Section 209Verify source

§ 210Illness during placement in domestic adoptionProvision

If a child becomes seriously ill during placement, the prospective parent must get immediate medical attention and notify the Director of Social Welfare as soon as practicable.

210. The prospective parent shall, where a child is seriously ill during the placement, ensure that the child receives immediate medical attention and, as soon as practicable, notify the Director of Social Welfare. Children’s Code [No. 12 of 2022 349

Section 210Verify source

§ 211Application to adopt childProvision

A person intending to adopt a child must apply to the Children’s Court after the child has been placed under section 205.

211. (1) A person who intends to adopt a child shall apply to the Children’s Court for an adoption order after the placement of the child under section 205. Application to adopt child (2) An adoption application shall be accompanied by the following documents: (a) the effective date of notice to the Director of Social Welfare under section 205; (b) the report under section 205; (c) a child’s case record under section 206; (d) the medical examination report under section 202; (e) in the case of an open adoption, a post-adoption agreement under section 198; (f) subject to section 205, written consent in the prescribed manner and form from — (i) (ii) (iii) both parents of the child if both are living; a parent who is living, where one parent is deceased; one parent, where the other parent is not capable or is deprived of exercising parental responsibility; (iv) the guardian of the child; (v) (vi) the person having parental responsibility for the child; a child who has attained the age of fourteen who is able to consent; (vii) the other spouse, on the application of one of the spouses; or (viii) in the case of a child born out of wedlock whose mother is a child, the parent or guardian of the mother of the child; and (g) the death certificate of the child’s parent, if the child’s parent is deceased. (3) Subject to this Act, in obtaining the written consent under subsection (2) preference shall be given to the parents of the child. (4) Written consent referred to under subsection (2) shall be attested by a Commissioner for Oaths in the case of a document executed within the Republic or in accordance with the provisions of the Authentication of Documents Act in the case of a document executed outside the Republic. Cap. 75 350 No. 12 of 2022] Children’s Code (5) An adoption order shall be made in respect of a child if — (a) the child resides in the Republic; (b) the child has been continuously in the care and custody of the applicant for a period of three consecutive months immediately preceding the date of the application; and (c) the conditions under this Part have been met. Power to dispense with consent

Section 211Verify source

§ 212Power to dispense with consentProvision

The Children’s Court may excuse the usual consent for an adoption if specified grounds exist, and it may also allow withdrawal of adoption consent or keep a withdrawing person’s identity confidential in limited cases.

212. (1) The Children’s Court may dispense with the consent required under section 205 if it is satisfied that — (a) in the case of the parent or guardian of the child, the parent or guardian has abandoned, neglected, persistently failed to maintain or persistently ill-treated the child; (b) in the case of a person having parental responsibility for the child, the person has abandoned, neglected, persistently failed to maintain or persistently ill-treated the child; (c) the person whose consent is required — (i) cannot be found; (ii) is a mental patient incapable of giving consent; or (iii) withheld the consent unreasonably; (d) the child is an orphan and has no guardian or any person having parental responsibility for the child who is willing and able to adopt the child; or (e) the Children’s Court is provided with certified copies of the death certificate or other documentation that may be required by the Children’s Court of the child’s parent, guardian or person having parental responsibility for the child. (2) For the purposes of subsection (1) — (a) abandonment of a child may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and custody of the child has not seen or heard from a parent or guardian of the child for a period of at least six consecutive months; (b) persistent failure to maintain a child may be presumed where despite demands being made, a parent or guardian has not contributed to the maintenance of the child for a period of at least six consecutive months; and Children’s Code [No. 12 of 2022 351 (c) in determining whether the consent is being withheld unreasonably, the Children’s Court shall take into account all relevant factors, including the — (i) (ii) nature of the relationship between the child and the person withholding consent and any findings by the Children’s Court in this respect; and prospects of a sound relationship developing between the child and the person withholding consent in the immediate future. (3) The Children’s Court may dispense with the consent of the spouse of the applicant for an adoption order if the Children’s Court is satisfied that, in addition to the conditions under subsection (1), the spouses have divorced. (4) A person who gave consent to the adoption of a child under section 205 may, with the leave of the Children’s Court and on exceptional circumstances being shown, apply to withdraw the consent after an application for adoption has been made. (5) The Children’s Court may at the request of the person who intends to withdraw the consent keep that person’s name and identity confidential.

Section 212Verify source

§ 213DeathProvision

If a child dies during placement, the prospective parent must get death documentation and notify the Director of Social Welfare within 24 hours, unless that is impracticable.

213. (1) Where a child dies during placement, the Death prospective parent shall — (a) obtain a medical certificate of death and a post-mortem report of the cause of death unless impracticable; and (b) within twenty-four hours of the death, notify the Director of Social Welfare. (2) Where a child’s parents or guardians are known, the Director of Social Welfare shall inform them of the child’s death. (3) If a prospective parent dies during the placement, in the case where a child is placed with a single prospective parent, the child shall be returned to the Director of Social Welfare. (4) If a prospective parent dies during an application for adoption in the Children’s Court, the adoption process shall terminate and the child shall — (a) be placed in the care and custody of the guardian ad litem; and (b) have a guardian ad litem appointed by the Children’s Court to make the necessary arrangements for the child in accordance with section 214. 352 No. 12 of 2022] Children’s Code (5) Subject to section 200(1)(c), where an application for adoption is made by two spouses jointly and one of the spouses dies during an application for adoption in court, the adoption process shall, subject to section 211, continue as if the application had been made by the surviving spouse solely. Guardian ad litem for child

Section 213Verify source

§ 214Guardian ad litem for the childProvision

The Children’s Court must appoint a guardian ad litem for the child in an adoption case, and that guardian must act for the child until the case ends or the appointment expires.

214. (1) For the purposes of an application for adoption, the Children’s Court shall appoint a guardian ad litem for the child pending the hearing and determination of the adoption application. (2) A guardian ad litem shall — (a) safeguard the interests of the child pending the determination of the adoption proceedings; (b) investigate and appraise the Children’s Court as to the circumstances pertinent to the adoption of the child in the prescribed manner; (c) make recommendations on an interim order or adoption order in respect of the child; (d) intervene on behalf of the child and arrange for the care of the child in the event of the withdrawal of a consent under this Part; (e) where the prospective parent dies, intervene on behalf of the child and arrange for the child to be returned to the person having parental responsibility for the child; and (f) undertake duties that the Children’s Court may from time to time direct or as may be prescribed. (3) An appointment of a guardian ad litem shall expire on the making of a final adoption order by the Children’s Court under this Part unless the Children’s Court, having regard to the best interests of the child, extends the period of the appointment. (4) Despite the generality of subsection (3), where an adoption order is rescinded under this Part, the Children’s Court shall have power to extend the period of appointment of a guardian ad litem until the date of the determination of the rescission.

Section 214Verify source

Part

Part unless the Children’s Court, having regard to the best interests

§ 215Interim ordersOffence

The Children’s Court can make interim adoption orders and related leave orders, and it must add supervision and return-bond requirements in specified cases.

215. (1) The Children’s Court may, where an application for an adoption order is pending in the Children’s Court, on the application of the guardian ad litem, or on its own motion, make an interim order to the applicant with respect to the custody, maintenance, education, residence, safety, welfare of the child or parental responsibility for the child. Interim orders Children’s Code [No. 12 of 2022 353 (2) The Children’s Court shall, when making an interim adoption order impose a condition that the child shall be under the supervision of the guardian ad litem. (3) The consent and the power to dispense with consent under sections 211 and 212, respectively, shall apply to an interim adoption order under this section. (4) Where an interim adoption order is made — (a) a person who has given consent to the adoption shall not be entitled, except with the leave of the Children’s Court, to remove the child concerned from the care and custody of the applicant; and (b) the applicant for an adoption order shall not, without the leave of the Children’s Court, remove the child from the Republic. (5) The Children’s Court may grant an order for leave under subsection (4) if the Children’s Court is satisfied that — (a) exceptional circumstances in relation to the health, welfare and safety of the child exist; and (b) a social welfare report is made by the Director of Social Welfare authorising the removal of the child from the Republic. (6) Where the Children’s Court grants an application for a child to leave the Republic in accordance with this section, the Children’s Court shall make a wardship order in respect of the child and cause the applicant to execute a security bond with or without sureties for the child to be returned to the Republic by the applicant for an adoption order within a period as may be specified by the Children’s Court. (7) A person who fails without reasonable cause to return a child to the Republic within the period specified in the wardship order issued under subsection (6) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (8) An interim adoption order shall cease to have effect on the making of an adoption order.

Section 215Verify source

§ 216Conversion from open to closed adoption orderProvision

An adoptive parent may apply to the Children’s Court that made the order to convert an open adoption order into a closed adoption order.

216. (1) An open adoption order may be converted to a closed adoption order on the application of an adoptive parent to the Children’s Court that granted the adoption order. (2) Sections 211 and 212 shall apply to the application for conversion under this section, with the necessary modifications. Conversion from open to closed adoption order 354 No. 12 of 2022] Children’s Code Functions of central authority in Republic Division 2 - Inter-country Adoptions

Section 216Verify source

§ 217Functions of central authority in RepublicProvision

The central authority must take appropriate measures for inter-country adoptions, adoption information sharing, child-information handling, counselling services, and responding to adoption information requests.

217. The central authority in the Republic shall take appropriate measures to — (a) facilitate inter-country adoptions; (b) provide information to other central authorities on the laws of the Republic concerning adoption and other general information on adoption; (c) prevent improper financial or other gain with respect to an adoption; (d) collect, preserve and exchange information about the situation of the child and the prospective parent, so far as is necessary to complete the adoption process; (e) promote the development of adoption counselling and post- adoption services in the Republic; (f) provide other central authorities with general evaluation reports about experiences with inter-country adoption; and (g) respond, in accordance with this Act and other written laws, to requests from other central authorities for information about a particular adoption situation.

Section 217Verify source

§ 218Communication between central authoritiesProvision

Central authorities must communicate about the adoption process and the measures taken to complete an inter-country adoption.

218. Central authorities shall, during an inter-country adoption, communicate on the adoption process and the measures taken to complete the adoption.

Section 218Verify source

§ 219Conditions for inter-country adoption by State of originProvision

An inter-country adoption may proceed only if the State of origin’s central authority makes the required findings and checks about the child, the prospective parent, and all necessary consents.

219. An inter-country adoption shall take place if a central authority of the State of origin of the child — (a) establishes that the child is adoptable; (b) determines that an inter-country adoption is in the best interests of the child after possibilities for placement of the child within the State of origin have been given due consideration; (c) establishes that the prospective parent qualifies to adopt and has been counselled on the effects of adoption; (d) ensures that — (i) the person, institution or authority whose consent is necessary for the adoption to take place, has been counselled and informed of the effects of their consent; Communica- tion between central authorities Conditions for inter- country adoption by State of origin Children’s Code [No. 12 of 2022 355 (ii) the consent under subparagraph (i), has been obtained freely and evidenced in writing and obtained without fraud, cohesion, undue influence or duress; and (iii) where the consent of the mother is required, that the consent has been given after the birth of the child; and (e) ensures, having regard to the age and level of maturity of the child, that— (i) (ii) (iii) the child has been counselled and duly informed of the effects of the adoption and of the child’s consent to the adoption, where that consent is required; the child’s wishes and opinions have been considered; the child’s consent to the adoption, where that consent is required, has been given freely and evidenced in writing; and (iv) where the child’s consent is required, that such consent has been obtained without fraud, cohesion, undue influence or duress.

Section 219Verify source

§ 220Conditions for inter-country adoption by receiving StateProvision

An inter-country adoption may proceed only if the receiving State’s central authority makes the required adoptability, suitability, counselling, and entry/residence checks.

220. An inter-country adoption shall take place if a central authority of the receiving State — (a) establishes that the child is adoptable; (b) determines that the prospective parents qualify to adopt Conditions for inter- country adoption by receiving State a child; (c) ensures that the prospective parents are counselled on the effects of adoption; and (d) determines that the child is or shall be authorised to enter and reside permanently in that State.

Section 220Verify source

§ 221Applicants for inter-country adoptionProvision

This section says who may adopt a child in inter-country adoption cases, depending on whether the Republic is the State of origin or the receiving State.

221. (1) Subject to section 200, where the Republic is the State of origin, the following persons may adopt a child: (a) a non-citizen resident in another State; (b) two spouses jointly who are resident in another State where — (i) one is a citizen and the other is a non-citizen; or Applicants for inter- country adoption (ii) both are citizens; or (c) a citizen who is resident in another State. 356 No. 12 of 2022] Children’s Code (2) Subject to section 200, where the Republic is the receiving State, the following persons may adopt a child: (a) a citizen resident in the Republic; (b) a person with a foreign nationality resident in the Republic; or (c) two spouses jointly resident in the Republic, where — (i) (ii one is a citizen and the other is a non-citizen; both are citizens; or (iii) both are non-citizens. Procedure for adoption of child from Republic

Section 221Verify source

§ 222Procedure before adoption of child from RepublicCommencement

This section sets out the steps for an inter-country adoption, including applications, reports, consent, child introductions, and temporary placement periods.

222. (1) A person resident in another State who intends to adopt a child resident in the Republic shall apply to the central authority of the receiving State. (2) If the central authority of the receiving State is satisfied, having regard to the laws of the receiving State that the person qualifies to adopt a child, the central authority shall, in the prescribed manner and form, prepare a report on the prospective parent and transmit the report to the central authority in the Republic. (3) The Director of Social Welfare shall determine whether a child is available for adoption, match a child with the prospective parent and appoint a child welfare inspector to manage the procedure relating to an inter-country adoption under this section. (4) Where a child is available for adoption, the child welfare inspector shall — (a) obtain written consent from the parents, if existing, guardian or the person having parental responsibility for the child; (b) assess, based on the report under subsection (2), whether the prospective parent is likely to meet the requirements of the particular child; and (c) ensure that the child and the child’s parent, guardian or person having parental responsibility for the child are counselled on the effects of adoption. (5) Consent required under subsection (4)(a) — (a) shall be obtained without fraud, cohesion, undue influence or duress; and (b) may be withdrawn by the person who has given the consent within sixty days from the date that the consent is given, after which the consent is final. Children’s Code [No. 12 of 2022 357 (6) Consent under this section may be given without the knowledge of the identity of the applicant for an adoption order and where the consent is subsequently withdrawn on the basis that the identity of the applicant is not known, the consent shall be considered to have been unreasonably withheld for the purposes of section 212. (7) For record purposes, the child welfare inspector managing the process of the adoption of the child shall, in the prescribed manner and form, make a written report to the Director of Social Welfare which shall contain the following: (a) the information under subsection (4); (b) details of the name, approximate age, religion and employment of the prospective parents; (c) financial capacity of the prospective parent; and (d) details of the child and circumstances surrounding the situation of the child. (8) The Director of Social Welfare shall, on the basis of the report under subsection (7), prepare a report on the child in the prescribed manner and form and — (a) transmit the report to the central authority of the receiving State; (b) give reasons for the Director of Social Welfare’s determination on the placement to the central authority of the receiving State; and (c) attach proof that the necessary consents have been obtained. (9) The prospective parents shall, where the central authority in the Republic and the central authority in the receiving State both agree that the adoption process shall commence, travel to the Republic to meet the child. (10) A child welfare inspector shall introduce the child to the prospective parent for a period of thirty days through face-to-face visitation of the child with the prospective parent for the purposes of an initial bonding period of the child with the prospective parent. (11) The Director of Social Welfare shall, on completion of the face-to-face visitation under subsection (10), place the child in the care and custody of the prospective parent for a period of sixty days before the date of the application to court on receipt of a supervision order from the Children’s Court. 358 No. 12 of 2022] Children’s Code Visitation during, and termination of, placement in inter-country adoption Prohibition to remove child without leave during placement Illness during placement in inter-country adoption Application for adoption (12) The Director of Social Welfare shall, before placing the child with the prospective parent, ensure that the provisions of section 202 are complied with.

Section 222Verify source

§ 223Visitation during, and termination of, placement in inter-country adoptionProvision

Sections 206 and 208 apply to inter-country adoption, with necessary modifications.

223. Sections 206 and 208 shall apply to an inter-country adoption with the necessary modifications.

Section 223Verify source

§ 224Prohibition to remove child without leave during placementProvision

A prospective parent must not remove a child from the Republic during the placement under section 222.

224. A prospective parent shall not remove a child from the Republic during the placement referred to under section 222.

Section 224Verify source

§ 225Illness during placement in inter-country adoptionProvision

If a child is seriously ill during the placement, the prospective parent must get immediate medical attention for the child and notify the Director of Social Welfare as soon as practicable.

225. The prospective parent shall, where a child is seriously ill during the placement referred to under section 222, ensure that the child receives immediate medical attention and, as soon as practicable, notify the Director of Social Welfare.

Section 225Verify source

§ 226Application for adoptionProvision

A prospective parent must apply to the Children’s Court for an adoption order and attach specified reports; if an adoption order is granted, the central authority must help secure the child’s travel and residence arrangements.

226. (1) On the expiration of the period under section 222(11), if the central authority in the Republic and the central authority of the receiving State both agree on the adoption, the prospective parent shall apply to the Children’s Court for an adoption order in the prescribed manner and form. (2) Sections 211 to 215 shall apply, with the necessary modifications, to an application for adoption in this section. (3) The prospective parent shall, in addition to the requirements under section 211, attach the reports under section 206(2) and 222(7) to the application for adoption. (4) An adoption order shall, in addition to the conditions under section 211, be made if — (a) the adoption is in the best interests of the child; (b) it has been determined that the prospective parents agree to the adoption, and qualify to adopt a child; (c) the central authority of the receiving State has approved the decision for the prospective parent to adopt the child; (d) the child is not prevented from leaving the Republic— (i) under any written law; or (ii) by an order of a court of competent jurisdiction; Children’s Code [No. 12 of 2022 359 (e) the central authorities of the Republic and the receiving State have agreed to the adoption of the child; (f) the name of the child has been on the list for adoption for at least sixty days and no prospective parent is available in the Republic; (g) the child is authorised to enter and reside in the receiving State permanently; and (h) the requirements of this Act have been met. (5) A central authority shall, where an adoption order is granted, take all necessary steps to — (a) obtain permission for the adopted child to leave the Republic and to enter and reside permanently in the receiving State; and (b) ensure that the transfer of the child to a receiving State takes place in a secure manner and, if possible, in the company of the prospective parents. (6) This section does not apply to a child resident in the Republic who is to be placed for adoption outside the Republic with a relative of that child or with a person who will become an adoptive parent jointly with the child’s biological parent. (7) Sections 211 to 215 apply to the adoption of a child under subsection (6).

Section 226Verify source

§ 227Withdrawal of approval by RepublicProvision

The Republic’s central authority may withdraw its approval of a child adoption within 30 days after approval is granted.

227. (1) A central authority of the Republic may withdraw its approval to the adoption of a child from the Republic, within a period of thirty days from the date on which the central authority grants its approval to the adoption of the child. Withdrawal of approval by Republic (2) Where the central authority of the Republic withdraws its approval, the child shall be returned to the Republic as may be prescribed.

Section 227Verify source

§ 228Application to adopt child from other State by person in RepublicOffence

A resident in the Republic who wants to adopt a child in another State may apply to the Director of Social Welfare, who must appoint a child welfare inspector and process reports before the matter can be referred abroad.

228. (1) A person resident in the Republic who intends to adopt a child resident in another State may apply to the Director of Social Welfare. (2) The Director of Social Welfare shall appoint a child welfare inspector to manage the procedure relating to the adoption of a child. Application to adopt child from other State by person in Republic 360 No. 12 of 2022] Children’s Code (3) The child welfare inspector shall — (a) interview the prospective parent and assess that the prospective parent is a suitable person to adopt a child; (b) visit the home of the prospective parent and confirm in writing that the prospective parent is likely to meet the requirements of the particular child and that the conditions of the home of the prospective parent are satisfactory; (c) confirm about the good character and suitability of the prospective parent to care for the child from two persons of good standing who know the prospective parent; (d) establish that the prospective parent is not a mental patient likely to adversely affect the child; (e) establish that a person in the home of a prospective parent has not been convicted of a serious criminal offence which would render it undesirable for the child to associate with that person; and (f) ensure that the prospective parent is counselled on the effects of adoption. (4) For record purposes, the child welfare inspector managing the process of the adoption of the child shall, in the prescribed manner and form, make a written report to the Director of Social Welfare which shall contain the following: (a) the information under subsection (3); (b) details of the name, approximate age, religion and employment of the prospective parents; (c) the number and approximate ages of other persons living in the household of the prospective parent; (d) reasons for adoption by the prospective parent; (e) the ability of the prospective parent to undertake an inter-country adoption; (f) family, medical and other history of the prospective parent; and (g) the characteristics of the children who the prospective parent can adopt. Children’s Code [No. 12 of 2022 361 (5) The Director of Social Welfare shall, on the basis of the report referred to under subsection (4), prepare a report on the prospective parent in the prescribed manner and form and submit the report to the central authority of the country concerned. (6) The central authority of the State concerned shall, in accordance with the relevant laws of that State and where an adoptable child is available for adoption — (a) prepare a report on the child; (b) attach proof that the necessary consents have been obtained to the report under paragraph (a); and (c) state the reasons for its determination on the placement of the child. (7) The central authority in the State concerned shall, in accordance with the relevant laws of that State, refer the application for adoption to the relevant authorities, if the central authorities in the State concerned and the Republic both agree to the adoption based on the reports under subsections (5) and (6). (8) An inter-country adoption order granted under this section shall be recognised and registered in the Republic in accordance with this Act and any other written law.

Section 228Verify source

§ 229Transfer of adopted child to RepublicProvision

If an adoption order is granted, the child’s transfer to the Republic must happen only if the stated approvals and entry/residence permission are in place.

229. (1) Where an adoption order is granted on an application under section 228, the transfer of the child to the Republic shall be carried out if — Transfer of adopted child to Republic (a) the central authority of the Republic has approved the adoption of a child by the prospective parent; (b) the central authorities of both States have agreed that the adoption may proceed; (c) the child is authorised to enter and reside in the Republic permanently. (2) The central authority of the Republic shall, where an adoption order is granted, take all necessary steps to ensure that the transfer of the child to the Republic takes place in a secure manner and, if possible, in the company of the prospective parents. (3) The Director of Social Welfare shall, where the transfer of a child does not occur, send the reports under section 228(6) to the country concerned. 362 No. 12 of 2022] Children’s Code Registration of birth and recording of adoption of child born outside Republic Cap. 51 Removal of adopted child from adoptive parent

Section 229Verify source

§ 230Registration of birth and recording of adoption of child born outsideProvision

An adoptive parent may apply to the Registrar-General to register a child’s birth and record the adoption, if an adoption order is granted for a child born outside the Republic and the parent resides in the Republic.

230. (1) Where an adoption order is granted in respect of a child born outside the Republic to an adoptive parent residing in the Republic, the adoptive parent may apply to the Registrar- General to — (a) register the birth of the child in accordance with the Births and Deaths Registration Act; and (b) to record the adoption of the child in the register of births in accordance with section 249. (2) An application under subsection (1) shall be accompanied by — (a) the adoption order; and (b) the birth certificate of the adopted child, or if the birth certificate cannot be found — (i) (ii) documentary evidence relating to the date of birth of the child; or a document attested to by a court specifying the age or the estimated approximate age of the child.

Section 230Verify source

§ 231Removal of adopted child from adoptive parentProvision

If a child is adopted after being transferred to the Republic and continued placement with the prospective parent is not in the child’s best interests, the central authority of the Republic must take protective measures.

231. (1) A central authority of the Republic shall, where the adoption of a child is to take place after the transfer of a child to the Republic and it appears to the central authority of the Republic that the continued placement of a child with the prospective parent is not in the child’s best interests, take all necessary measures to protect the child. (2) Despite the generality of subsection (1), a central authority of the Republic shall — (a) cause the child to be withdrawn from the prospective parent; (b) arrange temporary care for the child; (c) in consultation with the central authority of the State of origin of the child, arrange without delay a new placement of the child with a view to adoption or, where in appropriate, arrange alternative long-term care for the child; and (d) as a last resort, arrange the return of the child, if it is in the best interests of the child. (3) A child may, having regard to the age and level of maturity of a child, be consulted and consent to the measures to be taken under this section. Children’s Code [No. 12 of 2022 363 (4) An adoption of a child under this section shall not take place if the central authority of the State of origin of the child is not informed of the new prospective parent.

Section 231Verify source

§ 232Death, illness or injury of child before transfer to receiving StateProvision

An inter-country adoption order stops having effect before a child is transferred to the receiving State if the child dies, is injured, or becomes seriously ill and cannot be transferred.

232. An inter-country adoption order shall, before a transfer of a child to the receiving State, cease to have effect and all documents transmitted to the Republic shall be returned to the receiving State if the child- (a) dies; or (b) is injured or falls seriously ill making it impossible to transfer the child to the receiving State.

Section 232Verify source

§ 233Conversion of open adoption order to closed adoption order in inter-countryProvision

An adoptive parent may apply to the Director of Social Welfare to convert an adoption from open to closed, and consent is required before the adoption order is granted.

233. (1) An open adoption order may, where an adoption order granted in the State of origin of a child to an adoptive parent residing in the Republic is an open adoption order, be converted to a closed adoption order if the parent, guardian or person having parental responsibility for the child consents prior to the adoption order being granted. (2) An adoptive parent who intends to convert the adoption from an open adoption to a closed adoption may apply to the Director of Social Welfare and section 228 shall apply, with the necessary modifications.

Section 233Verify source

§ 234Contact between prospective parent and child’s parent in inter-countryProvision

Certain people involved in an inter-country adoption may have contact only if the Part’s requirements are met and the central authority of the child’s State of origin grants permission.

234. (1) A child’s parent, guardian or person having parental responsibility for the child and the prospective parent may be in contact if the requirements under this Part have been met and on permission being granted by the central authority of the State of origin of the child. (2) A contact referred to under subsection (1) may take place on conditions that the central authority of the State of origin of the child and the receiving State determine. (3) This section does not apply to an adoption that takes place within a family.

Section 234Verify source

§ 235Translation of documentsProvision

If a central authority of another State requests it during an inter-country adoption, the Republic’s central authority must send a translated copy of the document certified against the original. The prospective parent must pay the translation costs.

235. (1) The central authority of the Republic shall, where the translation of a document under this Part is requested by a central authority of another State during the process of an inter- country adoption, transmit a translated copy of the document certified as being in conformity with the original document. (2) The costs of the translation under subsection (1) shall be borne by the prospective parent. Death, illness or injury of child before transfer to receiving State Conversion of open adoption order to closed adoption order in inter-country adoption Contact between prospective parent and child’s parent in inter-country adoption Translation of documents 364 No. 12 of 2022] Children’s Code Division 3 - Effect of Grant or Refusal of Adoption Rejection of application for adoption

Section 235Verify source

§ 236Rejection of application for adoptionProvision

If the Children’s Court rejects an adoption application, the child must be placed in the care and custody of the guardian ad litem.

236. (1) Where the Children’s Court rejects an application for adoption under this Part, the child shall — (a) (b) be placed in the care and custody of the guardian ad litem; and the guardian ad litem shall make the necessary arrangements for the child in accordance with section

Section 236Verify source

§ 214Guardian ad litem for the childProvision

The Children’s Court may make an order for parental responsibility for the child.

214. (2) Despite subsection (1), the Children’s Court may make an order for parental responsibility for the child as the Children’s Court may determine.

Section 214Verify source

§ 237Effect of adoption on parental rightsProvision

When an adoption order is made, the adoptive parent assumes parental responsibility for the child, and the former parent/guardian responsibility ends. If the order is made jointly to a husband and wife, they assume parental responsibility together.

237. (1) Where an adoption order is made the — (a) rights, duties, obligations and liabilities of the parent, guardian or person having parental responsibility for the child to the child shall cease; and (b) adoptive parent shall assume the parental responsibility for the child as if the child were born to the adoptive parent. (2) The husband and wife shall, where an adoption order is granted jointly to a husband and wife, assume parental responsibility for the child jointly, and the child shall relate to them as parents as if born to that husband and wife.

Section 237Verify source

§ 238Orders and agreements in respect of child born outside marriageProvision

If an adoption order is made, certain payment orders or agreements stop having effect, and the father or mother must pay any arrears due up to the adoption date.

238. (1) Where an adoption order is made in respect of a child born outside wedlock — (a) an order or agreement in force which requires the father or mother of the child to make payment for the benefit of the child shall cease to have effect; and (b) the father or mother of the child shall pay any arrears which are due under the order or agreement up to the date of the adoption order. (2) A foster care order or care order shall be terminated where an adoption order is made in respect of a child committed to the care of foster parents or a child care facility. (1)

Section 238Verify source

§ 239Devolution of property on adoptionProvision

In a closed adoption, an adopted child cannot inherit from a biological parent who dies without a will.

239. In a closed adoption, an adopted child is not entitled to inherit from that child’s biological parent if the biological parent dies intestate. Effect of adoption on parental rights Orders and agreements in respect of child born outside marriage Devolution of property on adoption Children’s Code [No. 12 of 2022 365 (2) In a testamentary disposition of property, whether or not made in writing, at the date of an adoption order any reference — (a) whether express or implied to a child or children of the adoptive parent shall, unless the contrary intention appears, be construed as a reference to the adopted child; (b) whether express or implied to a child or children of the adopted child’s biological parent shall not be construed as including a reference to the adopted child unless the contrary intention appears; and (c) to a person related to the adoptive parent shall, unless the contrary intention appears, be construed as a reference to the person as if that person is a relative of the adopted child. (3) Despite the Wills and Administration of Testate Estates Cap. 60 Act — (a) where a disposition made by the adoptive parent prior to the adoption order makes no provision for the adopted child, the adopted child may apply to the Children’s Court to vary the disposition to provide for the adopted child from the estate of the adoptive parent; and (b) a disposition by will executed before the date of the adoption order shall not be treated for the purpose of this section as if made after that date by a codicil giving retrospective effect to the will.

Section 239Verify source

§ 240Supplementary provisions on intestacy and testamentary dispositionProvision

An estate administrator or executor may distribute property without liability if they had no notice of an adoption order, but an adopted child’s tracing rights are preserved except against a good-faith purchaser.

240. (1) An administrator or executor of an estate may distribute the estate of a deceased person to a person entitled under the estate without incurring any liability where at the time of the distribution they had no notice of an adoption order by virtue of which the adopted child is to benefit under the estate but this shall not prejudice the right of an adopted child to trace the property except against a purchaser in good faith. (2) A previous adoption order of a child that has been adopted for a second time shall be disregarded for the purpose of devolution of property on the death of the previous adoptive parent. Supplementary provisions on intestacy and testamentary disposition

Section 240Verify source

§ 241Effect of inter-country adoptionProvision

An adoption order made outside the Republic can have the same effect as a local adoption order if the adoption was in accordance with the Act, and an overseas order for an adoptive parent resident in the Republic must be lodged in the Children’s Court on the timetable and in the way set by the Chief Justice’s rules.

241. (1) Where a child has been adopted outside the Republic in accordance with this Act, the adoption order shall have the same effect as an adoption order made under this Act. Effect of inter- country adoption (2) An adoption order made outside the Republic to an adoptive parent resident in the Republic shall be lodged in the Children’s Court within the period and in the manner specified by the rules made by the Chief Justice. 366 No. 12 of 2022] Children’s Code Division 4 - Post-adoption Post- adoption report

Section 241Verify source

§ 242Post adoption reportsProvision

A child welfare inspector must report on the child’s welfare to the Director of Social Welfare twice in the first year after an adoption order is granted. An adoptive parent in an inter-country adoption must report through the central authority if they live outside the Republic and adopted a child who was resident in the Republic.

242. (1) A child welfare inspector shall, where an adoption order is granted, report to the Director of Social Welfare on the child’s welfare twice within the first year of the adoption. (2) An adoptive parent shall, in an inter-country adoption, report on the child’s welfare through the central authority if the adoptive parent resides outside the Republic and adopted a child who was resident in the Republic. Power to appoint guardian post- adoption

Section 242Verify source

§ 243Power to appoint guardian post-adoptionProvision

The Children’s Court may appoint, dispense with approval for, or revoke a guardian for an adopted child in specified circumstances.

243. (1) The Children’s Court may, on an application by the adoptive parent or Director of Social Welfare, appoint a guardian approved by the adoptive parent and whose prior consent, in writing, has been given, where — (a) the adoptive parent dies, in the case of a sole adoptive parent; (b) both adoptive parents die; (c) the adoptive parent is a mental patient and is incapable of exercising parental responsibility for the child before the child attains the age of nineteen; or (d) the adoptive parent is incapable of exercising parental responsibility for the child due to a physical disability before the child attains the age of nineteen. (2) The Children’s Court may dispense with the approval of the adoptive parent under subsection (1) where the adoptive parent is a mental patient incapable of providing such approval. (3) The Children’s Court may revoke the appointment of a guardian under subsection (1) and appoint any other person to be the guardian of the child at any time before the child attains the age of nineteen, on the application of the adoptive parent, the guardian appointed under subsection (1) or the child. Revocation of adoption order

Section 243Verify source

§ 244Revocation of adoption orderProvision

This section allows certain people to apply to revoke an adoption order or inter-country adoption, but the application must be made within three months unless the Children’s Court gives leave after that time.

244. (1) An adoption order or an inter-country adoption made for a child previously residing in the Republic may be revoked on an application by the — (a) child; (b) adoptive parent; or (c) parent, guardian or person having parental responsibility for the child prior to an adoption order. (2) An application under subsection (1) shall be lodged within three months from the date of the adoption order. Children’s Code [No. 12 of 2022 367 (3) Where three months has elapsed since the granting of an adoption order, an application to revoke an adoption order shall only be made with the leave of the Children’s Court and on exceptional circumstances being shown. (4) Notice of an application for revocation under this section shall be given to — (a) the adoptive parent; (b) the Director of Social Welfare; (c) the parent, guardian or person having parental responsibility for the child who consented to the adoption of the child; (d) the central authority of the receiving State; and (e) any other person the court considers has a sufficient interest in the application. (5) An adoption order may be revoked if — (a) revocation of the order is in the best interests of the child; (b) the applicant is a parent, guardian or person having parental responsibility for the child whose consent is required under this Part, and that consent was not obtained; or (c) at the time of making the adoption order, the adoptive parent did not qualify to adopt a child. (6) Where an adoption order is revoked under this section — (a) the adoption order shall cease to have effect with respect to the child; (b) the child shall be returned to the Republic, in the case of an inter-country adoption; and (c) all responsibilities, rights and other matters terminated by the adoption order are restored. (7) When revoking an adoption order under this section, the Children’s Court may — (a) make an appropriate placement order in respect of the child; or (b) order that the child be kept in a place of safety until an appropriate placement order can be made. 368 No. 12 of 2022] Children’s Code Adoption order in respect of children previously adopted

Section 244Verify source

§ 245Adoption order in respect of children previously adoptedAmendment

A subsequent or interim adoption order may be made for a child who is already the subject of a previous adoption order.

245. (1) A subsequent adoption order or interim adoption order, may be made in respect of a child who is the subject of a previous adoption order under this Act. (2) An adoptive parent under the previous adoption order shall be considered to be the parent of the child in relation to an application for a subsequent adoption order in respect of a child referred to under subsection (1). Amendment of adoption order

Section 245Verify source

§ 246Amendment of adoption orderCommencement

An adoptive parent may apply to the Children’s Court to amend a pre-commencement adoption order, and the Court may make certain amendments. If the order is amended, the Court must notify the Registrar-General, who must update the adopted children register.

246. (1) An adoptive parent may, where an adoption order was made before the commencement of this Act, apply to the Children’s Court to amend the adoption order in accordance with the provisions of this Act. (2) The Children’s Court power under subsection (1) shall, where the adoption order was made before the commencement of this Act, include the power to amend the adoption order — (a) by the insertion of the country of birth of the adopted child; (b) by the insertion of the date which appears to the Children’s Court to be the probable date of the adopted child’s birth if the adoption order does not specify a precise date as the date of the adopted child’s birth; or (c) to attend to clerical errors. (3) The Children’s Court shall, where an adoption order is amended under this section, cause the amendment to be communicated in the prescribed manner to the Registrar-General who shall cause the adopted children register to be amended accordingly. Division 5 - Registers and Case Record

Section 246Verify source

§ 247Register of available children for adoptionProvision

The Director of Social Welfare must keep a register of children available for adoption in the Republic.

247. The Director of Social Welfare shall keep and maintain a register of children available for adoption in the Republic in which the Director of Social Welfare shall enter the particulars and details relating to each child as prescribed.

Section 247Verify source

§ 248Child case recordProvision

The Director of Social Welfare must keep a child case record for each child matched with a prospective parent, using the prescribed manner and form. The record is confidential, and a public officer may inspect it only with the Director’s approval.

248. (1) The Director of Social Welfare shall, in respect of a child matched with a prospective parent, keep and maintain a child case record for each child in the prescribed manner and form. (2) A case record referred to under subsection (1) is confidential and may be inspected by a public officer on the approval of the Director of Social Welfare. Register of available children for adoption Child case record Children’s Code [No. 12 of 2022 369

Section 248Verify source

§ 249Registration of adoption ordersProvision

When the Children’s Court makes an adoption order, it must direct the Registrar-General to make the required registry entries and related changes.

249. (1) Where the Children’s Court makes an adoption order, the adoption order shall contain a direction to the Registrar- General to make an entry in the adopted children register. Registration of adoption orders (2) For the purposes of compliance with the requirements of subsection (1) where the — (a) precise date of the child’s birth is not proved to the satisfaction of the Children’s Court, the Children’s Court shall determine the probable date of the child’s birth and the date so determined shall be specified in the order as the date of the child’s birth; (b) country of birth of the child is not proved to the satisfaction of the Children’s Court, the particulars of the country of birth of the child may be omitted from the order and from the entry in the adopted children register; and (c) name or surname which the child is to bear after the adoption differs from the child’s original name or surname, the new name or surname shall be specified in the order. (3) Where the Children’s Court makes an adoption order in respect of a child whose identity is registered in the register of births and the child has not previously been a subject of an adoption order, the adoption order shall contain a direction to the Registrar- General to cause an entry in the adopted children register and register of births with the words “Adopted” where the name of the child appears. (4) Where an adoption order is made by the Children’s Court in respect of a child who has previously been the subject of an adoption order the adoption order shall contain a direction to the Registrar-General to cause an entry in the adopted children register and register of births with the word “Re-adopted” where the name of the child appears. (5) Where an adoption order is quashed or an appeal against an adoption order is allowed, the Children’s Court that made the order shall give directions to the Registrar-General to cancel any entry in the adopted children register and register of births which was effected in pursuance of the adoption order. (6) A copy of, or extract from, an entry in any register being an entry the making of which is cancelled under this section, shall be deemed to be an accurate copy or extract if both the marking and the cancellation are omitted from the register. 370 No. 12 of 2022] Children’s Code Adopted children register

Section 249Verify source

§ 250Adopted children RegisterProvision

The Registrar-General must keep an adopted children register and enter details about each adopted child. Certain listed people may access it, and the Registrar-General may authorise inspection and issue certified extracts for a prescribed fee.

250. (1) The Registrar-General shall keep and maintain a register of all adopted children under this Act in which the Registrar- General shall enter the particulars and details relating to each adopted child. (2) Despite the generality of subsection (1), the adopted children register shall contain the following information: (a) details of the name, age and sex of the adopted child; (b) details of the name, age, sex, religion, employment and address of the prospective parent; (c) the number and ages of other persons living in the household of the prospective parent; (d) details of the name, sex, age, religion and address of each parent of the adopted child, if known; (e) details of the name, sex, age, religion and address of each guardian or person having parental responsibility for the child, where applicable; and (f) the adoption order. (3) Information contained in the adopted children register may be accessed by the following persons: (a) an adopted child after the child has attained the age of nineteen years; (b) the adoptive parent; (c) the parent or previous adoptive parent, where the child was previously adopted and is re-adopted by another person if the — (i) child has attained the age of nineteen years; and (ii) adoptive parent and the adopted child give their consent in writing; (d) public officer of the Children’s Court in relation to an application of an adopted child; or (e) any other public officer. (4) An adopted child register shall be open for inspection to the persons referred to under subsection (3) during normal office hours if authorised by the Registrar-General on payment of the prescribed fee. Children’s Code [No. 12 of 2022 371 (5) A certified extract of an adoption order from the adopted children register, purporting to be under the seal or stamp of the Registrar-General, shall be received in evidence and shall be considered to be so issued as the case may be, without further proof, unless the contrary is proved. (6) The Registrar-General may, on an application by a person referred to under subsection (3), issue to the person a certified extract from the adopted children register, on payment of the prescribed fee.

Section 250Verify source

§ 251Additional registerProvision

The Registrar-General must keep an additional register needed to link certain birth records marked “Adopted” with corresponding adopted children register entries, and the registers are not open to public inspection unless the Children’s Court orders it.

251. The Registrar-General shall keep such other register which may be necessary to record and trace the connection between an entry in the register of births which has been marked with the words “Adopted” and any corresponding entry in the adopted children Register but these registers shall not be open to the public for inspection unless under the order of the Children’s Court. PART XV ADOPTION AGENCIES Additional Register

Section 251Verify source

Part

PART XV

§ 252Functions of adoption agencyProvision

An adoption agency must provide adoption services and carry out listed adoption-related functions.

252. (1) An adoption agency shall provide adoption services. (2) Despite the generality of subsection (1), the functions of Functions of adoption agency an adoption agency are to — (a) when engaged to do so by a prospective parent, facilitate the adoption of a child under this Act; (b) gather information for proposed adoptions under this Act; (c) examine and interview a prospective parent and make inquiries and investigations to be obtained for the purpose of ensuring the suitability of the prospective parent to adopt a child; (d) when appointed by the Director of Social Welfare, counsel a prospective parent and, where applicable, a child, on the effects of adoption; (e) when appointed by the Children’s Court, to act as guardian ad litem in adoption proceedings; (f) in so far as the funds of the adoption agency permit, to make provision for the care and supervision of a child who has been placed by the child’s parent, guardian or person having parental responsibility for the child at the disposition of the adoption agency; and 372 No. 12 of 2022] Children’s Code (g) to maintain a register and records in respect of children whose adoptions have been facilitated by the adoption agency.

Section 252Verify source

§ 253Prohibition of adoption service without certificate of accreditationOffence

An adoption agency must not provide adoption services unless it has a certificate of accreditation under this Part.

253. (1) An adoption agency shall not provide adoption services without a certificate of accreditation issued under this Part. Prohibition of adoption service without certificate of accreditation (2) An adoption agency that contravenes subsection (1) commits an offence. Application for accreditation as adoption agency

Section 253Verify source

§ 254Application for accreditation as adoption agencyOffence

An adoption agency that wants to provide adoption services must apply to the Director of Social Welfare for accreditation and pay the prescribed fee.

254. (1) An adoption agency that intends to provide adoption services shall apply to the Director of Social Welfare for accreditation as an adoption agency in the prescribed manner and form on payment of the prescribed fee. (2) The Director of Social Welfare shall, within thirty days of receipt of an application under subsection (1), grant or reject the application. (3) The Director of Social Welfare shall, where it rejects an application under subsection (2), inform the applicant accordingly and give the reasons for the decision. (4) Despite the generality of subsection (2), the Director of Social Welfare may reject an application for accreditation if — (a) a person proposed to be employed, or employed by the adoption agency for the purpose of facilitating the adoption of a child is not fit to be so employed, having regard to the best interests of a child; (b) the number of competent persons proposed to be employed, or employed by the adoption agency is in the opinion of the Director of Social Welfare insufficient with regard to the activities of the adoption agency; (c) a person taking part in the management or control of the adoption agency or a member of staff of the adoption agency has been convicted of an offence under this Act or Regulations made under this Act; or (d) there exists a conflict of interest between the other activities undertaken by the adoption agency and the adoption agency’s functions under this Part. (5) Where an application for accreditation is rejected under this section, no further application for registration of the adoption agency may be made within a period of six months beginning with the date when the applicant is notified of the rejection. Children’s Code [No. 12 of 2022 373

Section 254Verify source

§ 255Accreditation of adoption agencyProvision

The Director of Social Welfare must issue an adoption agency accreditation certificate within 14 days after approval of the application, if the prescribed requirements are met.

255. (1) The Director of Social Welfare shall, within fourteen days of the approval of an application under section 254, issue the applicant with a certificate of accreditation if the adoption agency meets the requirements as may be prescribed. Accreditation of adoption agency (2) A certificate of accreditation issued under this section shall be valid for two years and shall be renewable for further period of two years on payment of a prescribed fee.

Section 255Verify source

§ 256Changes in detailProvision

An accredited adoption agency must tell the Director of Social Welfare about any change in its accreditation details within seven days.

256. An adoption agency accredited under this Act shall notify the Director of Social Welfare of a change in the particulars relating to the accreditation within seven days of the change. Changes in detail

Section 256Verify source

§ 257Suspension or revocation of accreditationCommencement

The Director of Social Welfare may suspend or revoke an adoption agency’s accreditation, but must give notice and a chance to show cause first.

257. (1) Subject to this Act, the Director of Social Welfare may suspend or revoke the accreditation of an adoption agency where — Suspension or revocation of accreditation (a) the Director of Social Welfare has reasonable grounds to believe that the accreditation was obtained through fraud, misrepresentation or concealment of a material fact; (b) the number of competent persons proposed to be employed by the adoption agency are in the opinion of the Director of Social Welfare insufficient with regard to the activities of the adoption agency; (c) a person taking part in the management or control of the adoption agency or a member of staff of the adoption agency has been convicted of an offence under this Act; (d) there exists a conflict of interest between the other activities undertaken by the adoption agency and the adoption agency’s functions under this Part; or (e) since the accreditation, other circumstances have arisen disqualifying the adoption agency from accreditation. (2) The Director of Social Welfare shall, before suspending or revoking the accreditation of an adoption agency in accordance with subsection (1) — (a) give written notice to the adoption agency of its intention to suspend or revoke the accreditation and the reasons for the intended suspension or revocation; and (b) require the adoption agency to show cause, within a period of sixty days, why the accreditation should not be suspended or revoked. 374 No. 12 of 2022] Children’s Code (3) The Director of Social Welfare shall not suspend or revoke the accreditation of an adoption agency under this section if the adoption agency takes remedial measures to the satisfaction of the Director of Social Welfare, within the period of sixty days referred to in subsection (2). (4) The Director of Social Welfare may, if the adoption agency fails to show cause to the satisfaction of the Director of Social Welfare, or does not take any remedial measures to the satisfaction of the Director of Social Welfare, within the time specified in subsection (2), suspend or revoke the accreditation and issue the adoption agency with a notice to that effect. (5) The Director of Social Welfare may, before revoking the certificate of accreditation, suspend the adoption agency for a specified period and on terms and conditions as the Director of Social Welfare may determine. (6) Where the Director of Social Welfare revokes a certificate of accreditation under this section, the name of the adoption agency shall not be restored except on conditions that may be prescribed and on payment of a prescribed fee. (7) The revocation of the accreditation of an adoption agency under this section does not affect any liability incurred by the adoption agency before the revocation, and any legal proceedings commenced or continued against the adoption agency before the revocation may be continued against that adoption agency. (8) An adoption agency whose accreditation is suspended or revoked shall, within thirty days of the Director of Social Welfare’s direction to suspend or revoke the accreditation, transfer all documents relating to the adoption of a child in the possession of an adoption agency to the Director of Social Welfare.

Section 257Verify source

§ 258Surrender of certificate of accreditationProvision

An accredited adoption agency that is wound up or stops accreditation-related activities must notify the Director of Social Welfare in writing and surrender its certificate within 60 days.

258. (1) An accredited adoption agency that is wound up or decides to cease to carry out activities relating to the certificate of accreditation shall, within sixty days of the winding up or decision to dispense with accreditation, notify the Director of Social Welfare, in writing, of the winding up or decision, and surrender the certificate of accreditation. (2) An adoption agency that surrenders the certificate of accreditation under subsection (1) shall transfer the documents relating to the adoption of a child in that adoption agency’s possession to the Director of Social Welfare. Surrender of certificate of accreditation Children’s Code [No. 12 of 2022 375 Publication of accredited adoption agency Display of certificate of accreditation Prohibition of transfer of certificate of accreditation Duplicate certificate of accreditation Reporting requirements for accredited adoption agency

Section 258Verify source

§ 259Publication of accredited adoption agencyProvision

The Director of Social Welfare must publish the names of accredited adoption agencies every year in the Gazette and in a daily newspaper with general circulation in the Republic.

259. The Director of Social Welfare shall publish annually in the Gazette and a daily newspaper of general circulation in the Republic the names of accredited adoption agencies.

Section 259Verify source

§ 260Display of certificate of accreditationProvision

An adoption agency must display its certificate of accreditation in a conspicuous place at its registered business location.

260. An adoption agency shall display a certificate of accreditation in a conspicuous place at the registered place of business.

Section 260Verify source

§ 261Prohibition of transfer of certificate of accreditationProvision

A certificate of accreditation issued under this Part must not be transferred to a third party.

261. A certificate of accreditation issued under this Part shall not be transferred to a third party.

Section 261Verify source

§ 262Duplicate certificate of accreditationProvision

An adoption agency may apply for a duplicate accreditation certificate if its original is lost, defaced, or destroyed, and the Director of Social Welfare may issue it within 7 days after receiving the application.

262. (1) An adoption agency whose certificate of accreditation is lost, defaced or destroyed may apply to the Director of Social Welfare for a duplicate certificate in the prescribed manner and form on payment of a prescribed fee. (2) The Director of Social Welfare may, within seven days of receipt of an application under subsection (1), issue a duplicate certificate of accreditation to the adoption agency.

Section 262Verify source

§ 263Reporting requirements for accredited adoption agencyProvision

An adoption agency must report specified information to the Director of Social Welfare.

263. (1) An adoption agency shall report to the Director of Social Welfare the following: (a) statistical data on persons to whom adoption services have been provided; (b) the adoption services provided during the reporting period and the conditions under which the adoption services were provided; (c) the number and skills of staff of the adoption agency; (d) the relationship with other accredited adoption agencies and the details thereof; (e) adoption working agreements entered into by the adoption agency; and (f) other administrative, operational, financial or other information relevant to the provision of quality adoption services. (2) Reporting requirements and the period for reporting of an accredited adoption agency shall be as prescribed.

Section 263Verify source

§ 264Register of accredited adoption agencyProvision

The Director of Social Welfare must keep an adoption agency register, make entries in it, keep it in custody at the responsible ministry, and may issue certified extracts or copies on application and payment of a prescribed fee.

264. (1) The Director of Social Welfare shall keep and maintain a register of accredited adoption agencies under this Act in which the Director of Social Welfare shall enter the details and particulars relating to — Register of accredited adoption agency (a) accredited adoption agencies and whose certificates of accreditation are revoked; 376 No. 12 of 2022] Children’s Code Confidential information (b) the applications rejected and the reasons for the rejection; and (c) any other information that the Director of Social Welfare may determine. (2) A register under subsection (1) shall be kept in the custody of the Director of Social Welfare at the ministry responsible for child welfare and development, and shall be open for inspection by members of the public during normal office hours on payment of a prescribed fee. (3) The Director of Social Welfare may, on application by any person, issue to the person a certified extract from the Register of a copy of a certificate of accreditation on payment of a prescribed fee.

Section 264Verify source

§ 265Confidential informationOffence

People handling adoption documents must keep them confidential and generally must not disclose them, except to specified courts and officials or in good-faith child-welfare situations.

265. (1) A member of staff of the adoption agency or any person employed by the adoption agency for the purposes of assisting in the facilitation of an adoption of a child shall deal with the documents and information relating to the adoption in a confidential manner. (2) Subject to subsection (3), a person who has possession or control over documents or information referred to in subsection (1) shall not disclose the information or the content of a document to a person other than — (a) the Children’s Court, the Minister, the Director of Social Welfare or any other member of staff of the adoption agency; or (b) an advocate representing the prospective parent or the guardian ad litem appointed under Part XIV. (3) Subsection (1) does not apply to the communication of a document or information in good faith in the interest or intended interest of a child, the prospective parent or the parent or guardian of the child, or a person having parental responsibility for the child. (4) A person who contravenes subsections (1) and (2) commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a period not exceeding six months, or to both. (5) A member of staff of an adoption agency or any person employed by the adoption agency for the purposes of assisting in the facilitation of an adoption of a child, who is required to produce a document or disclose information in court shall only produce a document or disclose information necessary for the purpose of bringing into effect the provisions of this Part. Children’s Code [No. 12 of 2022 377

Section 265Verify source

§ 266Authorisation of foreign accredited adoption bodiesProvision

A foreign adoption body may provide adoption services in the Republic only if authorised by the Director of Social Welfare and the central authority of its home State.

266. (1) A foreign adoption body may provide adoption services in the Republic when it is authorised to do so by the Director of Social Welfare and the central authority of the State of origin of the foreign adoption body. Authorisation of foreign accredited adoption bodies (2) The following may be prescribed with respect to the authorisation of a foreign adoption body: (a) the form and manner for application for authorisation; (b) the validity of the authorisation and the fees payable for authorisation; (c) the extent and manner in which a foreign adoption body may provide adoption services in the Republic; and (d) the suspension and revocation of authorisation.

Section 266Verify source

§ 267Adoption working agreementProvision

An accredited adoption agency may enter into an adoption working agreement with a foreign accredited adoption body, but written approval from the Director of Social Welfare is required, and the agency must provide certified copies of all such agreements to the Director.

267. (1) An adoption agency accredited under this Part to provide inter-country adoption services may enter into an adoption working agreement with a foreign accredited adoption body. Adoption working agreement (2) An adoption agency referred to under subsection (1) may enter into an adoption working agreement if the adoption agency obtains approval, in writing, from the Director of Social Welfare. (3) An adoption agency shall provide the Director of Social Welfare with certified copies of all adoption working agreements entered into by that adoption agency. PART XVI CHILD CARE FACILITY

Section 267Verify source

Part

PART XVI

§ 268Prohibition of establishment of child care facility without approvalOffence

A person must not establish a child care facility without approval from the Director of Social Welfare.

268. (1) A person shall not establish a child care facility without the approval of the Director of Social Welfare. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

Section 268Verify source

§ 269Child care facilityAmendment

Anyone who wants to establish a child care facility must apply to the Director of Social Welfare for approval and pay the prescribed fee.

269. (1) A person who intends to establish a child care facility shall apply to the Director of Social Welfare for approval of the child care facility in the prescribed manner and form on payment of a prescribed fee. (2) The Director of Social Welfare shall, on receipt of an application under subsection (1), cause to be undertaken an assessment of the application in order to determine whether the applicant meets the requirements for approval. Prohibition of establishment of child care facility without approval Child care facility 378 No. 12 of 2022] Children’s Code (3) The Director of Social Welfare shall, within thirty days of receipt of an application under subsection (1) — (a) grant the approval in the prescribed manner and form; or (b) reject an application which does not meet the requirements for approval and inform the applicant, in writing, of the reasons for the rejection. (4) The following may be prescribed: (a) the criteria for granting the approval of a child care facility; (b) the procedure for amendment, renewal or transfer of the approval granted under subsection (3); (c) the terms and conditions attaching to the grant, amendment, refusal, renewal or transfer of the approval granted under this Part; and (d) other matters that are necessary or incidental to the effective regulation of a child care facility under this Part. (5) The Minister may, by statutory instrument, for the purposes of facilitating the effective implementation and enforcement of this Act — (a) exempt certain categories of persons from the application of some or all of the provisions of this section; and (b) provide that some or all of the provisions of this section shall not apply in certain circumstances. Suspension or cancellation of approval

Section 269Verify source

§ 270Suspension or cancellation of approvalProvision

The Director of Social Welfare may suspend or cancel a child care facility’s approval for fraud, false information, misrepresentation, or breach of the Act or approval terms.

270. (1) Subject to this Act, the Director of Social Welfare may suspend or cancel the approval of a child care facility if the approval — (a) was obtained by fraud, false information or statement, or misrepresentation; or (b) contravenes this Act or any terms and conditions of the approval. (2) The Director of Social Welfare shall, before suspending or cancelling the approval of a child care facility in accordance with subsection (1) — (c) give written notice to the child care facility of its intention to suspend or cancel the approval and the reasons for the intended suspension or cancellation; and Children’s Code [No. 12 of 2022 379 (d) require the child care facility to show cause, within a period of thirty days, why the approval should not be suspended or cancelled. (3) The Director of Social Welfare shall not suspend or cancel an approval under this section if the child care facility takes remedial measures to the satisfaction of the Director of Social Welfare, within the period of thirty days referred to in subsection (2). (4) The Director of Social Welfare may, if a child care facility fails to show cause to the satisfaction of the Director of Social Welfare, or does not take any remedial measures to the satisfaction of the Director of Social Welfare, within the time specified in subsection (2), suspend or cancel the approval and issue the child care facility with a notice to that effect. (5) The Director of Social Welfare shall, where the Director of Social Welfare cancels the approval of a child care facility under subsection (4), publish the notice of cancellation in a daily newspaper of general circulation in the Republic. (6) A child care facility shall, where the child care facility receives a copy of the notice under subsection (4), cease to operate as a child care facility, within seven days of the service of the notice. (7) Despite the provisions of this section, the Director of Social Welfare may, where it determines that the continued operation of a child care facility presents danger or imminent harm to children, order the closure of the child care facility.

Section 270Verify source

§ 271Reception of child in child care facilityProvision

A child care facility must accept a child in specified emergency or order-based situations, notify the Director of Social Welfare within 48 hours if the child entered under the emergency route, and usually bring the child before court without delay.

271. (1) A child shall be received in the care of a child care facility if — (a) in an emergency situation, the child is taken to the institution by an authorised officer or a person who has reasonable cause to believe that the child is in need of care and protection; or (b) the child is referred to the child care facility by way of an interim care order or a care order. (2) Where a child is received by a child care facility in accordance with subsection (1) (a), a child care facility shall — (a) notify the Director of Social Welfare, within forty-eight hours of the child being received; and Reception of child in child care facility 380 No. 12 of 2022] Children’s Code (b) bring the child before a court without delay unless — (i) (ii) the child’s guardian or parent applies to the Director of Social Welfare for the child’s release; or it is not in the best interests of the child to bring the child before a court. (3) Where a child is brought before a court under subsection (2), the court shall order that the child — (a) be placed in the care and custody of the Director of Social Welfare; and (b) the Director of Social Welfare shall make the necessary arrangements for the child in accordance with Part XII. (4) A court shall have the power to dispense with the provisions of subsection (3) and instead make orders in respect of parental responsibility for the child that the court may determine. (5) The receipt of a child into a child care facility under this section shall be a measure of last resort and the Director of Social Welfare shall take the necessary measures to ensure that a child is placed in family based care. Maintenance of child in child care facility Monitoring of progress of child

Section 271Verify source

§ 272Maintenance of child in child care facilityProvision

A child care facility that receives a child must provide adequate care and protection while the child is accommodated there.

272. A child care facility in which a child is received shall provide the child with adequate care and protection for the period of the child’s accommodation in the child care facility as provided under this Act.

Section 272Verify source

§ 273Monitoring of progress of childProvision

273. (1) The Director of Social Welfare shall monitor the progress of a child admitted into a child care facility until the child is discharged from the child care facility or until the expiry of a care order made in respect of the child. (2) The Director of Social Welfare shall ensure that a child admitted to a child care facility is periodically visited and interviewed by a child welfare inspector. Inspection of child care facility or other premises

Section 273Verify source

§ 274Inspection of child care facility or other premisesProvision

Inspectors may inspect and enter child care facilities or other premises, and must report inspections to the Director of Social Welfare. The Director may require new management or suspend/cancel approval if serious neglect or abuse is found or remedial measures are not followed.

274. (1) A child welfare inspector or child development officer may inspect a child care facility or other premises which the child welfare inspector or child development officer has cause to believe are being used to accommodate children who are in need of care and protection. (2) A child welfare inspector or child development officer may, at any reasonable time, after giving prior notice to the child care facility or other premises, enter a child care facility or other premises and — (a) interview a child or a person in the child care facility; Children’s Code [No. 12 of 2022 381 (b) require the production of an annual report and any records required to be kept in accordance with this Act; and (c) inspect the conditions and facilities provided by the child care facility or managers of the child care facility. (3) A child welfare inspector or child development officer shall prepare and submit a report on the inspection carried out under subsection (2) to the Director of Social Welfare. (4) Where an inspection report indicates that a child in a child care facility is being neglected or abused in a manner which causes the child to be in need of care and protection, the Director of Social Welfare may, on receipt of an inspection report in addition to taking other remedial measures as may be prescribed, require the child care facility to appoint a new management for the child care facility. (5) Where a child care facility does not comply with the remedial measures under subsection (4), the Director of Social Welfare may suspend or cancel the approval of the child care facility in accordance with section 269.

Section 274Verify source

§ 275Child care facility regulationsProvision

The Minister may make regulations for child care facilities on standards, training, capacity limits, education, medical care, special care, records, notices, and inspections.

275. The Minister may, by statutory instrument, make provision for — (a) standards for the accommodation, staff and equipment to be provided in a child care facility; (b) the training of persons employed in a child care facility; (c) the criteria to be applied to limit the number of children who may be accommodated in a child care facility; (d) the education and training of children in a child care facility; (e) requirements as to arrangements for medical care, including psychiatric and dental health and the prevention of infectious and contagious diseases in a child care facility; (f) special care for children with disabilities and children with chronic ailments in a child care facility; (g) requirements as to the keeping of records and giving of notices in respect of a child received in a child care facility; and (h) the conduct of inspections of a child care facility. Child care facility regulations 382 No. 12 of 2022] Children’s Code Measures on child safeguarding in institution or organisation PART XVII CHILD SAFEGUARDING

Section 275Verify source

Part

PART XVII

§ 276Measures on child safeguarding in institution or organisationOffence

Institutions or organisations caring for children must put child safeguarding procedures in place, provide child-friendly reporting and education, and immediately report abuse or violence to a child welfare inspector or other authorised officer.

276. (1) An institution or organisation shall — (a) establish and implement child safeguarding and protection procedures to prevent violence against a child and child rights abuse; (b) educate a child on child rights and what constitutes physical, emotional, sexual and self-inflicting violence in a manner that is adapted to the age and maturity of the child; (c) ensure that a child has access to a safe channel to report any form of abuse or violence and that a child in the care or custody of the institution or organisation is informed on the manner of reporting any form of violence or abuse; and (d) have a child safeguarding focal point person and ensure that a child in the care or custody of the institution or organisation is aware of the safeguarding focal point person. (2) An institution or organisation shall display information on the channel of reporting referred to under subsection (1)(c) in a conspicuous place that is legible for a child. (3) An institution or organisation shall immediately inform a child welfare inspector or other authorised officer of any violence or abuse against a child. (4) An institution or organisation that contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units. (5) In this Part, unless the context otherwise requires, “institution or organisation” means an institution or organisation that provides services, care or protection to a child, without the presence of the child’s parent, guardian or person having parental responsibility for the child. Reception of child in institution or organisation

Section 276Verify source

§ 277Reception of child in institution or organisationProvision

An institution or organisation must take a child into care in an emergency if there is reasonable cause to believe the child needs care and protection, notify the Director of Social Welfare within 48 hours, and the Director must then make the necessary arrangements for the child.

277. (1) A child shall be received in the care of an institution or organisation in an emergency situation if a person has reasonable cause to believe that the child is in need of care and protection. (2) Where a child is received by an institution or organisation in accordance with subsection (1), the institution or organisation shall notify the Director of Social Welfare, within forty-eight hours of the child being received. Children’s Code [No. 12 of 2022 383 (3) The Director of Social Welfare shall, where the Director of Social Welfare is notified in accordance with subsection (2), make the necessary arrangements for the child in accordance with Part XII.

Section 277Verify source

Part

Part XII.

§ 278Maintenance of child in institution or organisationProvision

An institution or organisation that receives a child under section 277 must provide adequate care and protection while the child is accommodated there.

278. An institution or organisation in which a child is received under section 277 shall provide the child with adequate care and protection for the period of the child’s accommodation in the institution or organisation as provided under this Act.

Section 278Verify source

§ 279Monitoring of progress of child in institution or organisationProvision

The Director of Social Welfare must ensure that a child in an institution or organisation is visited and interviewed by a child welfare inspector, and must monitor the child’s progress until discharge.

279. The Director of Social Welfare shall — (a) ensure that a child admitted to an institution or organisation is visited and interviewed by a child welfare inspector; and (b) monitor the progress of a child admitted into an institution or organisation until the child is discharged from the institution or organisation. Maintenance of child in institution or organisation Monitoring of progress of child in institution or organisation

Section 279Verify source

§ 280Inspection of institution or organisationOffence

A child welfare inspector may inspect certain institutions or organisations, and must report the inspection to the Director of Social Welfare.

280. (1) A child welfare inspector may inspect an institution or organisation which the child welfare inspector has cause to believe is being used to accommodate a child in need of care and protection. Inspection of institution or organisation (2) A child welfare inspector may, at any reasonable time, enter an institution or organisation and — (a) interview a child or a person in the institution or organisation; (b) require the production of a report and any records required to be kept in accordance with this Act; and (c) inspect the conditions and facilities provided by the institution or organisation, or managers of the institution or organisation. (3) A child welfare inspector shall prepare and submit a report on the inspection to the Director of Social Welfare. (4) The Director of Social Welfare may, where an inspection report referred to in subsection (3) indicates that a child in the institution or organisation is being neglected or abused in a manner which causes the child to be in need of care and protection, recommend to an appropriate authority that the institution or organisation is closed and make the necessary arrangements for the child in accordance with Part XII. 384 No. 12 of 2022] Children’s Code (5) Despite subsection (4), an institution or organisation that neglects or abuses a child in a manner which causes the child to be in need of care and protection commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units.

Section 280Verify source

§ 281Regulations on child safeguardingInterpretation

The Minister may make regulations by statutory instrument on child safeguarding matters.

281. The Minister may, by statutory instrument, make Regulations for — Regulations on child safeguarding (a) child safeguarding and protection procedures; (b) the training of persons employed in an institution or organisation that deal directly with children; (c) the criteria to be applied to limit the number of children who may be received in the care of an institution or organisation; (d) requirements as to arrangements for medical care, including psychiatric and dental health and the prevention of infectious and contagious diseases in an institution or organisation; (e) special care for children with disabilities and children with chronic ailments in an institution or organisation; and (f) requirements as to the keeping of records and giving of notices in respect of a child received in an institution or organisation. PART XVIII INTERNATIONAL CHILD ABDUCTION Interpretation for Part XVIII Child wrongfully removed from or retained in Republic

Section 281Verify source

Part

PART XVIII

§ 282Interpretation for Part XVIIIInterpretation

This section defines “rights of custody” and “rights of access” for this Part.

282. In this Part, unless the context otherwise requires — “rights of custody” include the rights relating to the care of the child and the right to determine the child’s place of residence granted by the courts; and “rights of access” include the right to take a child for a limited period of time to a place other than the child’s habitual place of residence granted by the courts.

Section 282Verify source

§ 283Child wrongfully removed from or retained in RepublicProvision

This section defines when a child is treated as wrongfully removed from, or wrongfully retained in, the Republic.

283. (1) A child shall be considered to be wrongfully removed from the Republic where — (a) it is a breach of the rights of custody or the rights of access granted to a person, institution or any other body that removed the child from the Republic; and Children’s Code [No. 12 of 2022 385 (b) at the time of removal of the child, the rights of custody or the rights of access to the child were exercised solely by that person, institution or other body or jointly with another person, institution or other body, or would have been exercised if the child had not been removed from the Republic. (2) A child shall be considered to be wrongfully retained in the Republic where — (a) it is a breach of the rights of custody or the rights of access granted to the person, institution or other body over the child in the country in which the child was habitually resident immediately before the retention; and (b) the rights of custody or the rights of access to the child were exercised solely by that person, institution or other body or jointly with another person, institution or other body, or would have been exercised if the child had not been retained in the country.

Section 283Verify source

§ 284Cooperation between central authoritiesCommencement

The central authority in the Republic must cooperate with other central authorities and take appropriate measures to help locate, protect, and return wrongfully removed or retained children.

284. The central authority in the Republic shall cooperate with other central authorities and shall take all appropriate measures to — Cooperation between central authorities (a) discover the whereabouts of a child that is wrongfully removed from the Republic or a child that is wrongfully retained in the Republic; (b) prevent further harm to the child or to prevent prejudice to any interested parties; (c) secure the voluntary return of a child into the Republic or the country from which a child was wrongfully removed; (d) exchange, where desirable, information relating to the social background of the child with another central authority; (e) provide information on the law of the Republic for the purposes of this Part; (f) initiate or facilitate the institution of judicial or administrative proceedings — (i) (ii) to obtain the return of a child to that child’s habitual place of residence; or to make arrangements for securing the effective exercise of rights of access to a child; 386 No. 12 of 2022] Children’s Code Application to return child Commence- ment of legal proceedings (g) provide or facilitate the provision of legal aid and advice relating to matters under this Part where necessary; (h) provide appropriate administrative arrangements as may be necessary to secure the safe return of a child to that child’s habitual place of residence; and (i) to bring about an amicable resolution of issues relating to the wrongful removal or retention of a child.

Section 284Verify source

§ 285Application to return childProvision

A claimant must apply to the central authority for the child’s safe return, and the application must state key details about the claim and the child’s whereabouts. Zambia’s central authority must try to secure voluntary return and may have to pass the application to another State’s central authority and inform the applicant.

285. (1) A person or central authority that claims that a child has been removed from the Republic or retained in the Republic in breach of custody rights shall apply to the central authority of the Republic or of the child’s habitual place of residence to secure the safe return of the child in the prescribed manner and form. (2) An application under subsection (1) shall clearly state — (a) the grounds on which the claim for the return of the child is based; (b) available information relating to the whereabouts of the child; and (c) the identity of the person who is presumed to have possession of the child. (3) The central authority in the Republic shall, on receipt of an application under subsection (1), take all appropriate measures to obtain the voluntary return of the child. (4) The central authority in the Republic shall, on receipt of an application under this section, directly and without delay transmit the application to the central authority of another State where the central authority in the Republic has reason to believe that the child is in another State and inform the applicant accordingly.

Section 285Verify source

§ 286Commencement of legal proceedingsCommencement

The Director of Social Welfare must start proceedings for a child’s safe return when section 285 is correctly before the central authority.

286. (1) The Director of Social Welfare shall commence legal proceedings for the safe return of the child to the Republic or another State where the Director of Social Welfare is satisfied that an application under section 285 is correctly before the central authority. (2) A court shall hear and determine the matter under subsection (1) within six weeks from the date of commencement of the proceedings. (3) A court shall order the immediate return of a child in accordance with this section where a period of one year has lapsed from the date of the wrongful removal or retention of a child in the Republic. Children’s Code [No. 12 of 2022 387 (4) Despite subsection (3), a court may order the retention of a child in the Republic if the court is satisfied that the child is settled in the Republic and it is in the best interest of the child to be retained. (5) A child may be heard by the court on an application under this section having regard to the age and the level of maturity of the child. (6) The court may stay proceedings under this section or dismiss an application for the return of a child where the court has reason to believe that the child has been taken to another State. (7) The central authority in the Republic shall, where a child has been taken to another State as provided under subsection (6), apply for the return of the child to the Republic to the central authority of that State.

Section 286Verify source

§ 287Limitation of powers of courtProvision

A court must not order a child’s return if any of four listed conditions applies, and it must consider social-background information when deciding the case.

287. (1) The court shall not order the return of a child if — (a) the person claiming that a child has been wrongfully removed from the Republic or is wrongfully retained in the Republic did not have rights of custody or rights of access at the time of the removal or retention; (b) the person claiming that a child has been wrongfully removed from the Republic or is wrongfully retained in the Republic consented to or subsequently acquiesced to the removal or retention; (c) there is a grave risk that the return of the child would expose the child to physical or psychological harm, or place the child in an intolerable situation; or (d) subject to section 286(5), the child objects to being returned. (2) The court shall, in considering the circumstances under subsection (1), take into consideration information relating to the social background of the child provided by the central authority in the Republic or any other competent authority. Limitation of powers of court 388 No. 12 of 2022] Children’s Code PART XIX GENERAL PROVISIONS Harbouring or concealing child Escape from child care facility or place of safety

Section 287Verify source

Part

PART XIX

§ 288Harbouring or concealing childOffence

A person must not harbour or conceal a child who is to be placed under care in a child care facility.

288. A person who harbours or conceals a child who is to be placed under care in a child care facility commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding one year, or to both.

Section 288Verify source

§ 289Escape from child care facility or place of safetyOffence

A child who escapes from care may be apprehended without a warrant and taken to the Director of Social Welfare or an authorised officer.

289. (1) A child may be apprehended by a person without warrant and taken to the Director of Social Welfare or an authorised officer where the child — (a) escapes from a person, child care facility or place of safety, in whose care the child has been entrusted under this Act; or (b) escapes while being conveyed to or from the child care facility. (2) The Director of Social Welfare or an authorised officer shall bring the child referred to under subsection (1) before a court in the place where the child was residing immediately before the child escaped within seven days of the child being taken to the Director of Social Welfare or an authorised officer. (3) A court may, where a child is brought before the court under subsection (1) — (a) order that the child be returned to the person, child care facility or place of safety; (b) place the child under the care of some other person, child care facility or place of safety; (c) make an order which a court may make under sections 159 and 169; or (d) make an order requiring the child to undergo professional counselling. (4) Where a child escapes from a person, child care facility or place of safety in whose care the child has been entrusted under this Act, a person or an appropriate officer of the child care facility or place of safety shall within twenty-four hours of the child escaping notify the Director of Social Welfare. (5) A person commits an offence if the person — (a) assists or induces a child to escape from a person, child care facility or place of safety, in whose care the child has been placed; Children’s Code [No. 12 of 2022 389 (b) harbours or conceals a child who has escaped from a person, child care facility or place of safety in whose care the child has been placed; or (c) prevents a child who escapes from returning, or induces the child not to return, to the care of the person, child care facility or place of safety in whose care the child has been placed. (6) A person who commits an offence under subsection (5) is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

Section 289Verify source

§ 290AppealsProvision

A person aggrieved by certain decisions may appeal first to the Minister and then, in some cases, to the High Court.

290. (1) A person aggrieved with a decision of the Director of Social Welfare or Director of Child Development under this Act, may appeal to the Minister. Appeals (2) A person aggrieved with the decision of the Minister under subsection (1) may appeal to the High Court.

Section 290Verify source

§ 291Evidence of wagesProvision

A payroll entry, or a signed written statement if no payroll is kept, counts as evidence that the stated wages were paid.

291. In any proceedings under this Act, a copy of an entry in the payroll of an employer or, if no payroll is maintained, a written statement signed by the employer or a responsible person in the employer’s service, shall be evidence that the wages entered or stated in the written statement as having been paid to a person have in fact been paid. Evidence of wages

Section 291Verify source

§ 292Professional services in adoptionProvision

This provision says the Act does not prohibit certain professionals from providing services in connection with an adoption.

292. Nothing in this Act prohibits the rendering of professional services in connection with an adoption by a legal practitioner, psychologist or a member of another profession. Professional services in adoption

Section 292Verify source

§ 293General penaltyOffence

If someone breaks a provision of the Act and no specific penalty is set, they can be fined, imprisoned, or both; foreigners may also have their immigration permit varied or revoked.

293. A person who contravenes a provision of this Act, where no specific penalty has been provided is liable, on conviction, to a fine not exceeding one million penalty units or to imprisonment for a term not exceeding ten years, or to both, and, if the person is a foreigner, to the variation or revocation of that person’s immigration permit.

Section 293Verify source

§ 294Offences by principal officers of body corporate or unincorporateOffence

If a body corporate or unincorporated body commits an offence under this Act with the knowledge, consent, or connivance of a director, manager, shareholder, or partner, that person is treated as having committed the same offence and can be punished accordingly.

294. Where an offence under this Act is committed by a body corporate or unincorporated body, with the knowledge, consent or connivance of the director, manager, shareholder or partner of the body corporate or unincorporated body, that director, manager, shareholder or partner commits the same offence as the body corporate or unincorporated body and is liable, on conviction, to the penalty specified for that offence under this Act. General penalty Offences by principal officers of body corporate or unincorporated body 390 No. 12 of 2022] Children’s Code Regulations

Section 294Verify source

§ 295RegulationsProvision

The Minister may make regulations by statutory instrument and may also confer an authorised officer’s powers and duties on public officers by statutory order.

295. (1) The Minister may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), Regulations under this section may make provision for — (a) the manner and form for applications and the fees payable; (b) the particulars to be entered on registers under this Act; (c) the functions of the National Coordination Committee for Children; (d) pre-matching and matching of a child with a prospective parent; (e) the regulation of foster care and adoption under this Act; (f) the regulation of inter-country adoptions and the prescription of safeguards for inter-country adoptions; (g) the criteria for accreditation of an adoption agency; (h) the criteria for accreditation of an adoption agency to provide inter-country adoption services; (i) the regulation and supervision over the activities of an adoption agency; or (j) any matter required to be prescribed under this Act. (3) The Minister may, by statutory order, confer any power and duties of an authorised officer under this Act on any public officer or class of public officers.

Section 295Verify source

§ 296RulesRepeal

The Chief Justice must make court rules about how applications are made and procedure under the Act.

296. (1) The Chief Justice shall make rules of court directing the manner in which applications to the court are to be made and generally providing for matters of procedure under this Act. (2) Despite the generality of subsection (1), rules under this section may make provision for the — (a) manner in which applications to a court may be made; (b) officers of a court who shall be responsible for communicating the orders made under this Act to the Director of Social Welfare or Registrar-General, as the case may be; or (c) carrying into effect of the purposes of this Act. Rules Children’s Code [No. 12 of 2022 391 Repeal of Acts Cap. 52 Cap. 53 Cap. 54 Cap. 55

Section 296Verify source

§ 297Repeal of ActsCommencement

This section repeals four named Acts, but keeps existing orders, warrants, registrations, and approvals in force for a transitional period.

297. (1) The Legitimacy Act, 1929, the Juveniles Act, 1956, the Adoption Act, 1956, and the Affiliation and Maintenance of Children Act, 1995 are repealed. (2) Despite subsection (1), all orders and warrants made or issued under the repealed Acts shall remain in force and be enforced in accordance with the terms of the orders or warrants as if made or issued under this Act. (3) Despite subsection (1), any registration or approval issued under the repealed Acts shall be valid until the 31st of December being a date after the commencement of this Act, after which the holder of the registration or approval shall apply for registration or approval in accordance with the provisions of this Act.

Section 297Verify source

§ 298Savings and transitional provisionsCommencement

References to juvenile courts are read as references to the juvenile court under this Act, and certain pre-commencement staff keep their status and continuous service.

298. (1) A reference in a written law or document to a juvenile court shall be construed as a reference to the juvenile court under this Act. Savings and transitional provisions (2) For the avoidance of doubt, a person who was an officer or employee of the Social Welfare Department and Child Development Department before the commencement of this Act shall continue to be an officer or employee of the Social Welfare Department and Child Development Department. (3) The service of the persons referred to in subsection (2) shall be treated as continuous service. (4) Nothing in this Act affects the rights and liabilities of any person employed in the Social Welfare Department and Child Development Department before the coming into operation of this Act. 392

Section 298Verify source

Legislative relationships

12 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

6 instruments

Act or approval terms. 270. (1) Subject to this Act
Section 270
Acts This section repeals four named Act
Section 297
adoption order in accordance with the provisions of this Act
Section 246
Authentication of Documents Act
Section 211
Director of Social Welfare or Director of Child Development under this Act
Section 290
Director of Social Welfare. Register of available children for adoption Child case record Children’s Code
Section 248

N–S

5 instruments

of Act
Section 296
Social Welfare Department and Child Development Department before the commencement of this Act
Section 298
Social Welfare shall keep and maintain a register of accredited adoption agencies under this Act
Section 264
Social Welfare. Children’s Code
Section 210
Social Welfare. Surrender of certificate of accreditation Children’s Code
Section 258

T–Z

1 instrument

Testate Estates Cap. 60 Act
Section 239

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Children’s Code Act, 2022

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