CHAPTER 28:01
ADOPTION OF CHILDREN

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Qualifications for adoption of children

 

   4.   Adoption orders

 

   5.   Appointment of guardian for purposes of adoption

 

   6.   Effect of adoption

 

   7.   Court may permit parent or guardian to visit adopted child during two years after adoption

 

   8.   Rescission of order of adoption

 

   9.   Appeal from order of adoption or from rescission of adoption or from refusal to rescind

 

   10.   Adopted child may not be removed from Botswana within 12 months after adoption

 

   11.   Adoption of adopted child

 

   12.   No consideration in connection with adoption is permissible

 

   13.   Alteration of births register as a result of adoption

 

   14.   Effect of adoption on marriage

 

   15.   Offences

 

   16.   Act not to affect customary law

 

 

Proc. 63, 1952,
Cap. 43, 1959, HMC.
Order 1, 1963,
Law 28, 1964,
L.N. 55, 1965,
L.N. 84, 1966,
L.N. 94, 1966,
Act 9, 2000.

An Act to provide for the adoption of children in Botswana, and for matters incidental thereto.

[Date of Commencement: 12th December, 1952]

 

1.   Short title

   This Act may be cited as the Adoption of Children Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "adopted child" means a child adopted under this Act;

   "adoptive parent" means a person who adopts or has adopted a child under this Act;

   "child" means a person under the age of 19 years;

   "court" means a magistrates' court established under the Magistrates' Courts Act.

 

3.   Qualifications for adoption of children

   (1) Subject to subsections (2) and (3) the following persons may adopt any child-

 

   (a)   a husband and his wife jointly;

 

   (b)   a widower or widow or unmarried or divorced person;

 

   (c)   a married person whose spouse is at the time of the adoption, and has been for a continuous period of not less than seven years immediately preceding that time, mentally disordered or defective;

 

   (d)   a married person who is separated from his or her spouse by judicial decree.

   (2) No person under the age of 25 years shall (whether alone or jointly with his or her spouse) adopt any child and no person shall (whether alone or jointly with his or her spouse) adopt a child of the age of 16 years or more unless he or she is or both adoptive parents are at least 25 years older than that child:

   Provided that-

 

   (i)   a widower or widow or unmarried or divorced person may adopt a child born of him or her, which has previously been adopted by any person under this Act, whether or not he or she is under the age of 25 years or is less than 25 years older than the child;

 

   (ii)   a husband and his wife jointly may adopt any child born of one of the spouses, even though one of them is or both of them are under the age of 25 years, or even though the child is of the age of 16 years or more and one of them is or both of them are less than 25 years older than the child, if the husband is at least 15 years older than such a child of his wife or if the wife is at least 10 years older than such a child of her husband.

   (3) A person shall not adopt, otherwise than jointly with his or her spouse, a child less than 25 years younger than the said person, unless the child is of the same sex as that person or that person is a widower or widow or unmarried or divorced person and is a natural parent of the child.

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