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CHILDREN'S (AMENDMENT) ACT, 2016 Act 937
ARRANGEMENT OF SECTIONS
Section
1.
Section 18 of Act 560 amended
2.
Section 19 of Act 560 amended
3.
Section 20 of Act 560 amended
4.
Section 40 of Act 560 amended
5.
Section 47 of Act 560 amended
6.
Part IV of Act 560 amended
7.
Section 112 of Act 560 amended
8.
Section123 of Act 560 amended
9.
Section 124 of Act 560 amended
REPUBLIC OF GHANA
THE NINE HUNDRED AND THlRTY-SEVENTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
CHILDREN'S (AMENDMENT) ACT, 2016
AN ACT to amend the Children's Act, 1998 (Act 560)
to make further provisions in respect of foster-care
and adoption and to provide for related matters.
DATE OF ASSENT: 23rdNovember, 2016
PASSED by Parliament and assented to by the
President.
Section 18 of Act 560 amended
1. The Children's Act, 1998 (Act 560) referred to in
this Act as the principal enactment is amended in
subsection (1) of section 18
(a)
by the substitution for paragraph (e) of
"(e)
is under the care of a parent or guardian who, by
reason of abuse of substance, is unfit to have the
care of the child;"; and
(b)
by the insertion after paragraph (e) of
"(
eA) is under the care of a parent or guardian
who by reason of a criminal conviction particularly
in relation to child abuse is unfit to have the care
of the child; "
.
Section 19 of Act 560 amended
2. The principal enactment is amended in section 19
(a) by the insertion after subsection (3) of
"(3A) The Department shall determine a temporary
place of safety for the child which may be
(a)
with a fit person; or
(b)
at the home of a parent,
guardian or approved relative.";
(b)
by the substitution for subsection (5) of
"(5) Until the Family Tribunal determines the order,
the Family Tribunal may commit the child to an
approved residential home or to the care of a
probation officer, social welfare officer or other
fit person.";
and
(c)
by the addition after subsection (5) of
"(6) A Family Tribunal shall not designate the
manager of an institution as a fit person to whom
the care of a child can be entrusted unless the
institution is one which the Minister responsible
for Social Welfare has approved by notice published
in the Gazette or the institution is assigned
that function by or under an Act of Parliament." .
Section 20 of Act 560 amended
3. The principal enactment is amended in section 20
(a) by the substitution for subsection (3) of
"(3) The Department shall take custody of the
child."; (b) by the insertion after
subsection (3) of
"(3A) The Department shall determine the most
suitable place for the child, which may be
(a)
with a fit person; or
(b)
at the home of a parent, guardian or approved
relative.
(3B) The Department shall notify the regional office
of the order within seven days of the order.
(3C) The Foster Care Placement Committee in each
region shall determine the appropriate placement for
the child by confirming or varying the decision of
the District Office.
(3D) The regional office shall make a report on
each placement to the Head Office every three months."
and (c) by the substitution for subsection
(6) of
"(6) For the purposes of this section,
"parent"
means a parent of a child other than the parent from
whom the child was removed.".
Section 40 of Act 560 amended
4.
The principal enactment is amended in section 40
(a)
by the substitution for paragraph (c) of subsection
(2) of
"(c)
before a child is eighteen years of age with special
leave of the family tribunal"; and
(b) by the addition after subsection (2) of
"(3)
A child who has attained the age of majority may
apply to the family tribunal for confirmation of
parentage without special leave of the.
family tribunal."
.
Section 47 of Act 560 amended
5. The principal enactment is amended in section 47
by the deletion of subsection (2).
Part IV of Act 560 amended
6.
The principal enactment is amended by the
substitution for Part IV of the following:
"PART IV - FOSTER-CARE AND ADOPTION
Guiding principles
62.
(1) For the purpose of this Part,
(a)
the starting point in a process that may lead to the
fostering or adoption of a child is the child; and
(b)
the guiding principle in a decision relating to the
fostering or adoption of a child is the best
interest of that child.
(2) The financial and material poverty of a family
shall not be a justification for placing or
receiving a child in alternative care, but shall be
seen as a signal to provide appropriate support to
the family.
Foster care services
63.
(1) An agency that wishes to provide foster-care
services shall apply to the Department in the
prescribed manner for accreditation to provide the
service.
(2) The Department may revoke an accreditation
granted to an agency under subsection (1).
Persons who can foster
64. (1) A person who is at least twenty-one years of
high moral character and proven integrity may be a
foster parent to a child.
(2) Despite subsection (1), a relative of a child
who is at least eighteen years of age may be a
foster-parent to the child.
(3) A person qualified under subsection (1) or (2)
shall provide foster-care to a child in need of care
and protection.
Application to foster a child
65. A person who qualifies to foster a child shall
apply to the Department in the prescribed manner.
Child in need of foster-care
66. Where a child under a care order is committed to
(a)
an approved residential home,
(b)
a fit person, or
(c)
at the home of a parent, guardian or approved
relative, the Foster-Care Placement Committee may
place the child with a foster-parent.
Foster-Care Placement Committee
67. (1) There is established under this Act, a
Foster-Care Placement Committee in each region
consisting of the following:
(a)
the Regional Director of the Department who shall be
the chairperson of the Committee;
(b)
a Queenmother nominated by the Regional House of
Chiefs;
(c)
a trained counsellor or psychologist of not less
than three years' experience;
(d)
a social worker; and
(e)
one other person from Civil Society Organisations
with interest in the welfare of children nominated
by the Civil Society Organisations.
(2) The members of the Committee shall be appointed
by the Minister.
Functions of a Foster-Care Placement Committee
68.
(1)
A Foster-Care
Placement Committee
shall
(a)
recommend the suitability of an eligible
foster-parent
to foster a child;
(b)
determine the eligibility of a child to be placed in
fostercare;
(c)
match and place a child with a suitable
foster-parent;
(d)
terminate
foster -care
placement;
(e)
recommend a child
in foster-care for
adoption;
and
(f)
address issues related to the foster-care placement.
(2) A Foster-Care
Placement Committee
shall submit a report on its deliberations to the
Head of the Foster Care Services Unit through
the Director
of the Department.
Meetings of a Foster-Care Placement Committee
69.
(1) The quorum for the Foster-care Placement
Committee meeting shall be three members.
(2) A representative of the approved residential
home where a child is placed may be co-opted to
participate in the deliberations of a Foster Care
Placement Committee but shall not have a vote.
(3) The Foster-Care Placement Committee shall
regulate the procedure for its meetings.
Foster Care Services Unit
70.
(1) The Department shall have a Foster-Care
Services Unit at the national level.
(2) The Unit shall be constituted by
(a)
a secretariat;
(b)
an Interdisciplinary Committee to provide foster
care related services;
and
(c)
a Multi-disciplinary Review Committee which shall be
the highest complaint body on matters related to
adoption and foster care provided under this section.
(3) The secretariat shall be headed by an officer
not below the rank of Assistant Director.
(4) The secretariat shall
(a)
issue license to eligible foster parents;
(b)
issue license to eligible foster care agencies;
(c)
co-ordinate the activities of foster care placement
committees and foster care agents;
and
(d)
be responsible for the day to day administration
of the Unit.
(5) The Unit shall submit monthly reports on its
operations to the Chief Director through the
Director of the Department.
Foster-Care Register
71.
The Foster Care Services Unit of the Department
shall maintain a Foster-Care Register in which shall
be recorded particulars of eligible and licensed
prospective foster parents,
children eligible for foster care,
foster parents and children who have been placed with
such foster parents.
Foster-Care Fund
72. There is established under this Act, the
Foster-Care Fund referred to in this Act as the
Fund.
Object of the Fund
73. The object of the Fund is to provide
(a)
support to foster-parents
in the maintenance of a foster child;
and
(b)
for the administration of foster-care processes.
Sources of money for the Fund
74. The sources of moneys for the Fund are
(a)
moneys provided by the Minister responsible for
Finance;
(b)
moneys received from internally generated funds;
(b)
moneys received from fund raising activities;
(c)
moneys received from non-governmental organisations;
(d)
donations,
grants and gifts; and
(e)
any other moneys approved by Parliament.
Uses of moneys of the Fund
75. To achieve its object, moneys of the Fund shall
be used for the following:
(a)
provide support for the care of foster children
especially children with special needs;
(b)
conduct case review meetings;
(c)
conduct relevant investigation on a child in need of
care and protection;
(d)
prepare relevant reports; and
(e)
any other matter necessary to achieve the object of
the Fund.
Management of Fund
76.
(1) The Fund shall
be managed by the
Foster
Care
Services
Unit of the Department.
(2) Moneys for
the
Fund
shall be paid
into
a bank
account opened
in
the name of the Foster
Care Services Unit
in
consultation with
the Controller and Accountant-General
or a representative of the Controller
and Accountant-General.
(3) The signatories to the Account shall be the Director,
Accountant
of the Department and the Head of the Unit.
Accounts and audit
77.
(1) The Unit shall
keep
books of account for the Fund and proper records in
relation to them,
in the manner approved by the Auditor-
General.
(2) The Department shall submit the accounts of the
Fund to the Auditor-General for audit within three
months after the end of the financial year.
(3) The Auditor-General shall, not later than three
months after the receipt of the accounts,
audit the account and forward a copy of the audit
report to the Department.
(4) The financial year of the Fund shall be the same
as the financial year of the Government.
Annual reports and other reports
78.
(1) The Foster Care Services Unit shall within one
month of receiving the Auditor-General's report,
submit an annual report to the Minister covering the
activities
and operations of the Fund for the year to which the
report relates.
(2) The annual report shall include the report of
the Auditor- General.
(3)
The
Minister shall within one month of receipt of the
report submit the report to Parliament with a
statement that the Minister considers
necessary.
(4)
The
Unit
shall submit to the Minister any other information
that the Minister may require in writing.
Child to be adopted
79.
(1) A child may be adopted if that child is
(a)
less than eighteen years of age,
(b)
in need of care and protection,
(c)
under a care order, and
(d)
other options of care for the child have been
explored and adoption is considered the preferred
option.
(2) Despite subsection (1)(b) and (1)(c),
a child may be given up for adoption
(a)
to the spouse of a parent of the child,
(b)
if a relative wishes to adopt the child, or
(c)
if special circumstances warrant adoption of the
child.
(3) A child shall not be given up for adoption
unless the child has
been declared adoptable.
Restrictions on making adoption orders
80.
(1) An adoption order shall not be made unless
(a)
the applicant or, in the case of a joint
application, one of the applicants
(i) is not less than twenty-five years and is not
more than fifty-five years of age and at least
twenty-one years older than the child for in-country
adoption;
(ii) is not less than twenty-five years and not more
than fifty years of age and at least twenty-one
years older than the child in inter country
adoption; or
(iii) is a relative of the child and is not less
than twenty- one years and not more than sixty-five
years of age in relative adoption;
(b)
in the case of a single applicant, the applicant is
a Ghanaian or a non-Ghanaian who habitually resides
in Ghana;
(c)
the applicant has notified the Department of an
intention to apply for an adoption order for the
child at least three months before the date of the
order;
(d)
in the case of a child under care of a foster
parent, the child has been continuously in the care
and custody of the applicant for at least two
consecutive years immediately preceding the date of
the order; and
Effect of adoption order on parental rights
82.
(1) When an adoption order is made
(a)
the rights, duties, obligations and liabilities
including those under customary law of the parents
or guardian of the child, or of any other person
connected with the child shall cease; and
(b)
the person adopting the child shall assume the
parental responsibility of the child including the
custody, maintenance and education of the child as
if the child were born to that person.
(2) Where an adoption order is made jointly by a
husband and wife or with the consent of the other
spouse, the husband and wife shall assume the
parental responsibilities jointly and the child
shall relate to them as parents as if born naturally
by them as husband and wife.
Children previously adopted
83. (1) An adoption order or an interim order may be
made for a child who has already been adopted and
the adopter under the previous adoption shall, if
alive, be considered as the parent or guardian of
the child for the purpose of the subsequent
adoption.
(2) A person shall not adopt a child for the purpose
of giving the child up for adoption to another
person.
Application to adopt a child
84. (1) A person who seeks to adopt a child shall
apply in the prescribed manner.
(2) An application to adopt a child may be made
(a)
through in-country or inter-country processes;
(b)
jointly by a husband and wife;
(c)
by a spouse with the consent of the other spouse;
(d)
solely by the mother or father of the child to be
adopted or by either of them jointly with a spouse;
or
(e)
by a single person subject to the provisions of this
Part.
Application for Adoption Order
and Interim Order
Application for adoption order
85.
(1) An application
for an adoption order shall be made to the High
Court within the jurisdiction where the child
resides on the date of the application.
(2) An application for an adoption order shall be
accompanied by a Social Enquiry Report.
Conditions for adoption order
86. (1) Before a court makes an adoption order, the
court shall satisfy itself that all pre-adoption
processes to be undertaken in this Part have been
complied with.
(2) The Court shall ensure that
(a)
the consent required under this Act for the adoption
order has been obtained and that the parent or
guardian of the child understands that the adoption
order permanently
deprives the parent or guardian of rights and
responsibilities towards that child;
(b)
a written report on the wishes of the child on the
adoption in the prescribed form has been considered
if the child is capable of forming an opinion;
(c)
the child has been continuously in the care and
possession of the applicant for at least three
consecutive months preceding the date of the order;
(d)
if the child is at least fourteen years of age, the
consent of the child to the adoption in the
prescribed form has been obtained; and
(e)
it is in the best interest of the child.
(3) The court may impose conditions when granting an
adoption order and may require the applicant to
enter a bond to make any provisions in respect of
the child that the court considers necessary.
(4) The adoption order shall include the following
particulars, unless the court directs otherwise:
(a)
the date and place of birth of the child;
(b)
the name, sex and surname of the child before and
after adoption;
(c)
the name, surname, address, citizenship and
occupation of the adopter; and
(d)
the date of the adoption order.
Interim order
86A.
(1) The court may,
subject to the provisions
of this section,
postpone the determination of an application for
adoption order and make an interim order giving
custody of the child to the applicant
(a)
for a period not exceeding three months by way of
probation;
and
(b)
subject to such terms and conditions that the court
may consider necessary including provision for the
maintenance,
education and supervision of the child.
(2) When making an interim order, the court shall
impose conditions that
(a)
the child shall be under the supervision of a
probation officer or a social welfare officer; and
~
(b)
the child shall not be taken out of the country
with- out the permission of the court.
(3) The consent and the power to dispense with
consent shall be the same for an interim order of
adoption as for an adoption order.
(4) An interim order shall not be considered to be
an adoption order.
Revocation of adoption order
86B.
(1) An adoption order may be revoked on the
following grounds:
(a)
fraud;
(b)
misrepresentation of facts leading to the grant of
the adoption order; or
(c)
discovery of new information which if previously
known would have disqualified the adoptive parent
from obtaining the adoption order.
(2) The court shall consider the best interest of
the child when revoking an adoption order
Knowledge of adoption by child
86C. (1) An adoptive parent may inform the adopted
child of the fact that the child is adopted and the
child's parentage but this disclosure shall only be
made if the child is at least fourteen years of age
and it is in the best interest of the child.
(2) A person other than the adoptive parent shall
not disclose information on adoption to the adopted
child.
(3) A person who contravenes subsection (2) commits
an offence and is liable on summary conviction to a
fine of not more than one hundred penalty units or
to a term of imprisonment of not more than six
months or to both.
(4) Despite subsection (2), the Authority may permit
an adopted child who has attained twenty-one years
of age to have access to information on the adopted
child.
In-country Adoption
Adoptive Child
Child study and adoptability of a child
86D. (1) The Department shall conduct a child study
on a child to be adopted, prepare and submit the
Child Study Report to the Authority.
(2) The Report shall include recommendations on the
adoptability of the child.
(3) The Authority shall determine the adoptability
of a child based on the Child Study Report.
Prospective Adoptive Parent
Home study and eligibility of an applicant
86E. (1) The Department shall conduct a home study
on a prospective adoptive parent and prepare and
submit a Home Study Report to the Authority.
(2) The Report shall include recommendations on the
eligibility and suitability of the applicant to
adopt a child.
(3) The Authority shall determine the eligibility
and suitability of a prospective adoptive parent to
adopt a child based on the Home Study Report.
Support services
86F. The Department shall provide psycho-social
services and training determined by the Department
to an adoptable child and an eligible prospective
adoptive parent before and after the child is placed
for adoption.
Matching and pre-adoption placement
86G. (1) The Technical
Committee
of the Authority
shall match
eligible and suitable prospective adoptive parents
with an adoptable child
based on the Child Study Report and the Home Study
Report.
(2) Where a matching is made, the child shall be
placed with the prospective adoptive parent for a
period of not less than one month under the
supervision of the Department.
(3) A person shall not facilitate
contact between an adoptable child
or biological
parents and the prospective adoptive parent
before placement of the child.
(4) Despite subsection (3),
the prospective adoptive parents,
biological parents and the adoptive child may come
into contact
with one another before placement of the child with
the prospective adoptive parents in the case of
(a)
adoption by the spouse of a parent of the child;
(b)
relative adoption;
or
(c)
adoption under special circumstances.
(5) The Department shall prepare a post placement
report on the compatibility of the adoptive child
with the prospective adoptive
parent and members of the household.
(6) Where the Department is satisfied that the child
is adoptable by a prospective adoptive parent after
placement,
the Department shall prepare a Social Enquiry Report
on the child and the prospective adoptive parents to
support the application for an adoption order.
Post Adoption
Post adoption requirements
86H. (1) After an adoption order has been granted by
a court,
the Authority or person authorised by the Authority
shall
(a)
require the adoptive parent to deposit a certified
copy of the adoption order and new birth certificate
for the adopted child with the Authority or the
person authorised by the
Authority;
(b)
issue a certificate of conformity with this Part;
(c)
monitor an adoption every six months during the
first two years after the adoption order and once a
year during the following three years; and
(d)
provide appropriate measures to promote counseling
and post adoption services.
(2) The adopter shall give the Department, at least
thirty days notice in writing before leaving the
country with the adopted child or sending the
adopted child permanently out of the country.
(3) The notice given in subsection (2) shall be
accompanied by a Home Study Report from the
Receiving State which is prepared by a competent
authority.
(4) The Authority shall take steps to ensure that
..
(a)
the child shall be permitted to reside permanently
in the Receiving State, and
(b)
the competent authority of the Receiving State
monitors and reports on the child for the remaining
post adoption reporting period, if the child is
being sent permanently out
of the country within the reporting period under
section 86H (l)(c).
Intercountry Adoption
Adoptive Child
Intercountry adoptability
861.
Subject to the provisions of this Part, the
Department may investigate an application for
intercountry adoption as an alternative means of
child care, if a child cannot be placed in a foster
or adoptive family in the country or cannot in any
suitable manner be cared for in the country
Prospective Adoptive Parent
Eligibility, suitability and approval of application
86J. The Authority shall review an adoption
application based on the Home Study Report on an
applicant received from an accredited adoption
agency or the Central Authority of a Receiving State
to determine the eligibility and suitability of the
applicant to adopt a child from the country.
Restrictions on intercountry adoption
,
86K.
A person shall not be considered for intercountry
adoption if that person
(a)
is in a same sex relationship, or
(b)
is single and not a citizen of Ghana.
Pre-Adoption Procedure
Matching and pre-adoption placement
86L.
(1) The Technical Committee of the Authority shall
match eligible prospective adoptive parent with an
adoptable child based on the Child Study Report and
the Home Study Report.
(2) A child shall not be placed with a prospective
adoptive parent unless the matching of the child to
the prospective adoptive parent is accepted by the
prospective adoptive parent and agreed to by the
Central Authority of the Receiving State.
(3) Where a matching is accepted, the child shall be
placed with the prospective adoptive parent for a
period of not less than one month under the
supervision of the Department in the country.
(4) The Department shall prepare a post placement
report and submit it to the Authority for clearance
to apply for an adoption order.
(5) The Department shall facilitate acquisition of
an adoption order for the prospective adoptive
parent.
(6) A person shall not facilitate contact between
the adoptable child and the prospective adoptive
parent before placement.
(7) Despite subsection (6), the prospective adoptive
parents, biological parents and the adoptive child
may come into contact with one another before
placement of the child with the prospective adoptive
parents in the case of
(a)
adoption by the spouse of a parent of the child;
(b)
relative adoption; or
(c)
adoption under special circumstances.
(8) Pre-adoption placement may be waived in
exceptional circumstances where a recognised senior
medical doctor from a government health institution
authorised by the Authority certifies that the child
is in need of specialised medical care outside the
country.
Transfer of Child to Receiving State
Interim adoption order
86M. (1) Section 86A is applicable where a court
grants an interim adoption order and the child is to
be transferred to the Receiving State pending a
final adoption order.
(2) The Authority shall make arrangement to monitor
the prospective adoptive parent and the child in the
Receiving State pending the grant of the final
adoption order.
(3) Where a child has been transferred to a
Receiving State under an interim adoption order and
it appears to the Central Authority of that State
that the continued placement of the child with the
prospective
adoptive parent is not in the best interest of the
child, that Central Authority shall immediately
inform the Authority and shall in consultation with
the Authority
'.
(a)
cause the child to be withdrawn from the prospective
adoptive parent and arrange temporary care;
(b)
arrange without delay, a new placement for the child
with a view to adoption;
(c)
arrange alternative long term care; or
(d)
as a last resort, arrange for the return of the
child if it is in the best interest of the child;
and
(e)
take any other measures necessary to protect the
child.
(4) An adoption under this section shall not take
place unless the Central Authority of the Receiving
State informs the Authority about the new
prospective adoptive parent for the child.
Acquisition and submission of adoption order and
birth certificate
86N. (1) Where the court grants an adoption order,
the adoptive parent shall
(a)
obtain a birth certificate for the child; and
(b)
submit a copy of the birth certificate and the
adoption order to the Authority.
(2) On receipt of the documents specified under
subsection (1), the Authority shall issue a
Certificate of Conformity to the adoptive parent.
(3) The adoptive parent shall apply for the
necessary travel documents to facilitate the
transfer of the child to the Receiving State.
Post adoption services
860. (1) The Authority shall enter into agreements
with the Central Authority of the Receiving State to
provide reports
(a)
every six months during the first two years after
the adoption order; and
(b)
once a year during the following three years.
(2) A Central Authority of a Receiving State may
delegate the preparation and submission of the
reports to a body authorised by that Central
Authority.
Administration of Adoption
Establishment of Central Adoption Authority
86P. There is established under this Act, the
Central Adoption Authority referred to in this Act
as the Authority under the Ministry responsible for
social welfare.
Object and functions of the Central Adoption
Authority
86Q. The object and functions of the
Authority are
(a)
to provide for the conduct of all adoptions in the
country in a manner that promotes the well being and
best interest of the child; and
(b)
to support efficient and accountable practice in the
delivery of adoption services in accordance with
this Act and relevant laws on adoption including the
Hague Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption,
1993.
Structure of the Central Adoption Authority
86R. To achieve its object and functions, the
Authority shall have the following:
(a)
an Adoption Board;
(b)
a Technical Committee; and
(c)
an Adoption Secretariat.
Adoption Board
86S. (1) The governing body of the Authority is the
Adoption Board referred to in this Act as the Board
consisting of the following:
(a)
the Chief Director of the Ministry who shall be the
chair- person;
(b)
the Director of the Department of Social Welfare;
(c)
one
representative
from
the
Judicial
Service,
not
below the
rank
of a High Court Judge;
(d)
one representative from the Police Service not
below
the rank of an Assistant Commissioner;
(e)
one
representative
of a Civil Society Organisation
working
on child
protection and children's rights;
(f)
one representative
of the Ministry
of Foreign
Affairs
not
below the rank
of a Director;
(g)
one representative of the Immigration
Service
not below
the
rank of a Chief Superintendent;
(h)
one woman with knowledge and experience in adoption
matters;
and
(i)
the Executive Secretary of the Adoption Secretariat,
who shall not vote at meetings of the Board.
(2) The Minister shall appoint the members of the
Adoption Board.
Functions of the Adoption Board
86T.
The functions of the Adoption Board are as follows:
(a)
to recommend policies, programmes and services for
the protection of children from adoption related
abuses,
including exploitation and trafficking;
(b)
review rules,
regulations and guidelines governing adoptions;
(c)
advise on a reasonable schedule of admissible fees
in connection with adoption services;
(d)
provide guidance on the institution of systems and
procedures to prevent improper financial gain in
connection
with adoption;
(e)
prevent improper practices contrary to this Act and
other relevant laws including the 1993 Hague
Convention;
(f)
approve the accreditation of adoption agencies in
the country and authorise foreign accredited
agencies to undertake adoption services in the
country;
(g)
regulate the operation of adoption agencies;
(h)
advise the Minister on the number of accredited
agencies to undertake adoption services in a year;
(i)
advice on appropriate measures to ensure records and
in-
formation are managed in an ethical manner;
(j)
develop ethical standards on working with and for
children to guide the operation of staff of the
Authority and competent authorities working with the
Authority;
(k)
plan and review the activities of the Authority;
and
(l)
perform such other functions on matters related to
adoption as may be determined by the Minister.
Meetings of the Adoption Board and reporting
86U. (1) The Adoption Board shall meet twice a year
but it may meet as and when necessary.
(2) The quorum at the meeting of the Board is five.
(3) Matters before the Board shall be decided by a
majority of members present and voting and in the
event of equality of votes the person presiding
shall have a casting vote.
(4) The Board shall report to the Minister once in
every six months and upon request from the Minister.
Technical Committee
86V. (1) The Authority shall have a Technical
Committee to provide technical support to the Board
and the Adoption Secretariat.
(2) The members of the Technical Committee are as
follows:
(a)
the Executive Secretary of the Adoption Secretariat,
who shall be the chairperson;
(b)
a clinical psychologist of not less than three
years' experience;
(c)
a medical practitioner of not less than three years'
experience;
(d)
a social worker of the Department not below the rank
of a Assistant Director;
(e)
a lawyer of not less than three years' experience;
and
(f)
a representative of civil society with interest in
the welfare of children.
(3) The Committee may co-opt a person to participate
in its deliberations where necessary.
(4) The Minister shall appoint the members of the
Committee on the advice of the Board.
(5) The members of the Committee shall hold office
for a term of five years and are eligible for
reappointment for another two years.
Functions of the Committee
86W.
(1) The Committee shall advice the Board and
Adoption Secretariat on matters related to the
adoption process in respect of
(a)
decision on adoptability of a child;
(b)
entry of name and particulars of a child declared
adoptable in the adoptable children section of the
Adoption Register;
(c)
decision on the eligibility and suitability of an
applicant for adoption;
(d)
entry of name and particulars of an applicant
declared eligible and suitable in the Adoption
Register;
(e)
matching of an adoptable child with an eligible and
suitability prospective adoptive parent;
(f)
providing technical advice to the Board in the
performance of its functions; and
(g)
performing any other functions as may be determined
by the Board.
(2) The members of the Technical Committee may act
as resource persons during the conduct of training
programmes.
Meetings of the Technical Committee and reporting
86X.
(1) The Technical Committee shall meet at least once
a month. (2) The Technical Committee shall report to
the Board at least every quarter.
Adoption Secretariat
86Y.
(1) The Central Adoption Authority shall have an
Adoption Secretariat.
(2) The head of the Secretariat is the Executive
Secretary who is the overall head of the Authority
and is responsible for the day-to-day administration
of the Authority.
(3) The Executive Secretary shall be appointed by
the President in accordance with article 195 of the
Constitution.
(4) The terms and conditions of office of the
Executive Secretary shall be as specified in the
letter of appointment.
(5) The Secretariat shall have the staff that is
necessary for the performance of its functions and
other public officers may be seconded to the
Secretariat.
Functions of the Secretariat
86Z.
The Adoption Secretariat shall perform the following
functions:
(a)
be responsible for the administration of the
Adoption Secretariat;
(b)
implement the decisions made by the Adoption Board
and the Technical Committee;
(c)
assist other stakeholders and the Courts in the
implementation of this Act and other relevant laws
on adoption,
particularly in collaboration with foreign persons,
agencies and other entities involved in the process
of adoption and the physical transfer of the child;
(d)
review and update the operational manual on adoption
when necessary;
(e)
submit periodic reports to the Board and the
Minister;
(f)
set up an effective monitoring and evaluation system
for adoption;
(g)
maintain a database on adoption in the country;
(h)
liaise with Receiving Central Authorities, Adoption
Agencies and other key stakeholders involved in the
adoption process;
(i)
process in-country and intercountry adoption
applications, in close collaboration with the
Department of Social Welfare, at national and
regional levels, and with the duly
authorised Adoption Agencies;
(j)
undertake research and documentation on adoption in
the country;
(k)
design and undertake capacity building programmes
for adoption agencies and other stakeholders related
to the adoption process;
(I)
facilitate the entry into bilateral agreements with
foreign adoption authorities in non-State Parties to
the 1993 Hague Convention;
(m)
ensure recognition for adoptions done in the country
by contracting states and non-State Parties to the
1993 Hague Convention;
(n)
certify that intercountry adoptions comply with the
1993 Hague Convention;
(0)
undertake public sensitisation, communication and
advocacy activities on adoption;
(p)
make information on laws on adoption in general,
accredited agencies and their status in the country
available and accessible;
(q)
provide information on adoption to adoption
applicants;
(r)
manage the Adoption Register;
(s)
establish and manage a records centre on all
adoptions and Convention records;
..
(t)
organise and hold bi-annual planning and review
meetings with stakeholders; and
(u)
any other issue related to adoption that the
Minister and the Board deem necessary for attention.
Miscellaneous Provisions
Effect of adoption order on customary law,
citizenship and foster parent 86ZA.
(1) An adopted child shall be subject to customary
law as if the adopted child were the natural child
of the adopter only if the adopter is subject to
customary law.
(2) Where there is joint adoption by husband and
wife references to the adopter in this section shall
be taken as reference to the husband and wife.
(3) A child need not be a citizen of Ghana to be
adopted.
(4) A child of not more than sixteen years of age
neither of whose parents is a citizen of Ghana shall
be a citizen of Ghana if adopted by a citizen of
Ghana.
(5) Where an adoption order is made in respect of a
child under foster care, the foster care arrangement
shall cease to apply.
Remuneration of members of the Committees
86ZB.
The
members of the Committees established under this Act
shall be paid the allowances determined by the
Minister in consultation with the Minister for
Finance.
Retention of funds from services
86ZC. The Ministry shall retain seventy percent of
funds generated from adoption and foster-care
services to defray administrative and other costs in
respect of the services.
Information and Records Management
86ZD. (1) The Authority shall have an Adoption
Register in which shall be recorded the particulars
of a child and parents undergoing an adoption
process.
(2) A police report on a child in need of care and
protection shall be served on the Department by the
police station concerned.
(3) The Registrar of Births and Deaths shall serve
on the Department a certified copy of a birth
certificate issued upon child adoption within thirty
days of issuance of the birth certificate.
(4) The Authority shall keep records that relate to
processing foster care and adoption applications but
the records shall not be made available to the
public or be given to any person except under a
court order.
(5) Records on foster care and adoption are subject
to the provisions of the Data Protection Act, 2012
(Act 843).
Adopted Children's Register
86ZE. (1) The Registrar-General shall maintain an
Adopted Children's Register in which shall be
recorded particulars of the adoption order or
interim order as the court may direct under this
Part.
(2) Despite the provision made in any Regulations
under the Adoption Act, 1962 (Act 104), every
adoption order made by a court shall be served on
the Registrar-General by the registrar of the court
concerned within thirty days of making the order.
(3) The Registrar-General may by executive
instrument make rules with respect to the Adopted
Children's Register particularly rules (a)
for the admission in evidence of a certified copy of
an entry in the Adopted Children's Register; and
(b)
as to searches in that Register and the fees to be
charged for services rendered.
(4) The Registrar-General shall keep other records
that relate to entries in the Register of Births on
adoption together with entries in the Adopted
Children's Register but these records shall not be
available to the public and shall not be given to
any person except under a court order.
Offences under this Part
86ZF.
(l) A person shall not
(a)
receive or agree to receive;
(b)
make or agree to make;
or
(c)
give or agree to give
any payment or reward to an applicant,
parent or guardian of the child for an adoption.
(2) A person who contravenes subsection(l) commits
an offence and is liable on summary conviction to a
fine of not more than one hundred and fifty penalty
units or to a term of imprisonment of not more than
one year or to both.
(3) A person shall not
(a)
make or attempt to make an arrangement for the
adoption of a child;
(b)
for the purpose of having a child adopted,
retain the child in the person's custody;
(c)
arrange to have the child retained in the custody of
another person;
(d)
give a child, or cause a child to be given, to
another person for the purpose of having the child
adopted;
(e)
receive a child for the purpose of adopting the
child unless the person is a parent of the child, a
relative of the child, the spouse of a parent of the
child; or
(f)
facilitate contact between an adoptable child or
biological parents and the prospective adoptive
parent before placement of the child.
(4) A person who contravenes subsection (3) commits
an offence and is liable on summary conviction to
pay a fine of one hundred penalty units or to a term
of imprisonment of six months or to both.
(5) Despite subsection (3) (a), a parent or
guardian of a child may relinquish rights and
responsibilities towards the child to the Department.
(6) A person who gives, facilitates or receives a
child for purposes of adoption without the
involvement of the Department commits an offence and
is liable on summary conviction to a fine of not
more than seven hundred and fifty penalty units or
to a term of imprisonment of not more than three
years.
(7) A person who contravenes subsection (2) of
section 86B commits an offence and is liable on
summary conviction to a fine of not more than
hundred penalty units.
Procedure rules for adoption
86ZG. (1) For the purpose of adoption applications,
the Rules of Court Committee may by Constitutional
Instrument make rules for the procedure of adoption.
(2) The rules shall provide for
(a)
the proceedings to be held in camera except under
exceptional circumstances;
(b)
the admission of documentary evidence relating to
the consent required for the order;
(c)
requiring a probation officer or social welfare
officer to represent the interest of the child in
proceedings relating to an adoption order or an
interim order;
(d)
requiring a probation officer or social welfare
officer to prepare a social enquiry report to assist
the court to determine whether the adoption order is
in the interest to the child or not; and
(e)
any other matter that the Committee may determine.
(3) For the purposes of this Part,
'court' means the High Court within the jurisdiction
where the child resides at the time of the
application." .
Section 112 of Act 560 amended
7 The principal enactment is amended in section 112
by the substitution for subsection (2) of
"(2) The decision for the adoption of a child in a
home shall be taken by the Central Adoption
Authority."
.
Section123 of Act 560 amended
8. The principal enactment is amended in section 123
by the substitution for section 123 of the
following:
"Regulations
123. Without limiting the power to make Regulations
under any Part of this Act, the Minister may by
legislative instrument make Regulations,
(a)
on foster care and adoption under Part IV;
(b)
prescribing fees for foster-care and adoption
services and processes under this Act;
(c)
on child labour under Sub-Part
I of Part V;
(d)
on apprenticeship under Sub-Part I of Part V;
(e)
on homes under Sub-Part I of Part VI;
(f)
on day-care centres under Sub-Part II of Part VI;
(g)
for the establishment of Committees to give effect
to this Act; and
(h)
generally for the effective implementation of this
Act." .
Section 124 of Act 560 amended
9. The principal enactment is amended in section 124
by the
(a)
the substitution for the definition of "Department"
of
"Department" means the Department of Social Welfare
at the regional or national level,
where the context applies;" ;
(b)
by the substitution for the definition of "fit
person" of
"fit person" means a person who is registered as a
prospective foster parent although not determined as
a suitable foster parent for the child or an
approved institution for the
care of a child in need of care;";
(c)
the substitution for the definition of "inter-country
adoption" of
"inter-country adoption" means adoption of a child
by a person who is not ordinarily
resident in the country and who intends to reside in
the home country of that person
with the child after the grant of the adoption
order; "; and
(d)
the insertion after the definition of "Regulations"
the following definitions:
"social enquiry report" means a report consisting of
the Child Study Report, Home Study Report and the
Post Placement Report; and
"special circumstances"
mean
circumstances
where the person
intending
to adopt is not
a relative of the child but has bonded with the
child as a result of a relationship
with
the child preceding the intention to adopt;"
.
(e)
by the addition of the following new definition:
"foster
care"
means supervised care organised
by the State for a child in need of care and
protection;"
"habitual residence" means the place where the child
or the prospective adoptive parent
usually resides, at least two years preceding the
application for adoption;"
"in-country
adoption" means adoption where both the applicant
and the child habitually
reside in Ghana;.
.
..
. ~ . ,""
Date of Gazette
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