A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana

There are millions of children worldwide without parental care, families and homes. The HIV/AIDS pandemic, civil wars and poverty among other factors have contributed to the population of millions of orphans and destitute children in Africa. The Convention on the Rights of the Child (CRC) provides that ‘a child temporarily or permanently deprived of his or her family environment, or in whose best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance by the State.’ Thus, States Parties have an obligation to provide alternative care for such children in accordance with their national law. Such care includes ‘foster placement, kafalah of Islamic law, adoption and placement in suitable institutions.’ The CRC also recognizes intercountry adoption as one of the many possible solutions to children deprived of a family environment or parental care. However, it is only considered as a last resort if the child cannot be cared for in the country of origin.

Grantor dc:publisher.institution

Department of Public Law

Year dc:date.issued

2014

Author dc:creator

• Rushwaya, Chipo Irene

Advisor dc:contributor.advisor

• Chirwa, Danwood Mzikenge

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/9176

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/9176