Children’s Code Act, 2022

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

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.

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.

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

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.

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

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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

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

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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

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.

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.

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.

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

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.

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

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.

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

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.

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

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.

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.

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

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

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

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.

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

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.

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.

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.

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

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

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.

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

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.

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.

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.

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.

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

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

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.

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.

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

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.

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.

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

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.

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.

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

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.

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

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

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

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

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.

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.

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

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.

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

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

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

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

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

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.

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.

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.

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

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

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.