Foreign adoptions drop as govt tightens rules

“The numbers are going down.  For example, in the last three years, you find that children who were going to the USA, if the numbers were 20, they might now be around five. The key reason is following the law strictly.  Some five years ago, people were bypassing the law,” Mr Butanda said.

In 2020, the Judiciary issued new rules on handling child adoption following concerns by the United States of America that unlicensed children had been confined in a home in Kampala. 

It recommended that all inter-country matters shall be handled by the Family Division of the High Court. It also stated that all High Court circuits shall cease handling inter-country adoption applications and transfer the files to the Family Division.

Mr Butanda revealed that originally, all courts in Uganda could hear cases of child adoption and could grant it.

“But now, the adoption applications are presented to the Family Division of the High Court so that it is easy to supervise.  Three judges were specifically identified to handle these matters because they have a background in family law,” he said.

Mr Butanda said the probation officers in districts, municipalities, and cities prepare adoption files and send them to the Ministry of Gender for review. The ministry interviews the applicants, and when they find them suitable, they recommend to the Family Division of the High Court to consider granting adoption rights.

He further stated that the capacity of probation officers at district levels has been strengthened to ensure that the law is followed.

Mr Butanda said whereas the inter-country adoption is handled by the High Court in partnership with the Ministry of Gender, local adoption has been decentralised.

Past gaps

Mr Fred Mabonga, a monitoring and evaluation officer at the National Children Authority in the ministry of Gender, said before inter-country adoption was centralised, the process had gaps.

“You could find a child whom they claim to be an orphan, yet he or she has one or both parents. Some of the parents could pretend to be uncles and when they follow up, they discover that the information given was false,” Mr Mabonga said.

Ms Barbra Nankya, the director of Sanyu Babies Home, said they are witnessing a rise in the number of Ugandans who are embracing adoption compared to their foreign counterparts.

Ms Nankya noted every day, the home receives at least two people who make inquiries on adoption. Others call or send emails.

“We have a long waiting list of over 40 families that want to adopt. In 2008, we used to transfer children to Watoto, SOS, they are now being absorbed into families through adoption,” she added.

The majority of those who adopt children are people whose biological children have completed studies, those who have not yet been blessed by their biological children in marriage or lack a specific sex of a child, as well as single people and widows, among others.

Ms Nankya said they have organised a conference slated for March 7 in Kampala to demystify and celebrate adoption.

“We want people to know it is something that is okay. We want children to go back to their parents if we can trace them, or be adopted,” she said.

HOW TO ADOPT A CHILD

According to Mr Butanda, people who wish to adopt children must be 21 years old and above, be mentally sound, have a source of livelihood, believe in positive parenting and have no criminal record. They must also a fixed place of aboard with adequate accommodation, a heart to serve the children, and must be recommended by two people, one of whom is the area local council chairperson.