26 Aug 2015

The Adoption Act of 1952 needs to be reviewed as some sections have been overtaken by time, says principal social welfare officer in the Department of Social and Community Development in the Hukuntsi Sub-district, Mr Tshepiso Molefe.

He said this during a workshop organised by the Tsabong Sub-district child protection committee aimed at identifying challenges encountered by children in Kgalagadi South and to devise ways of tackling them.

Mr Molefe said it was imperative for the archaic legislation to be made compatable with the Marriage Act so that immoral acts that occur in families could be mitigated.

 “The 1952 Adoption Act does not prohibit a parent to marry his/her adopted child provided that child is over 21 years,” noted Mr Molefe, adding that the Marriage Act prohibits marriage between blood relations, but does not prohibit marriage between people related by adoption.

This, he said, was a clear indication that the law allows a parent to marry his/her adopted child. Moreover, Mr Molefe said the outdated act provides room for siblings, related by adoption, to marry or engage in a sexual relationship. He described the practice as an “abomination” and blatant abuse and violation of children’s rights.

Furthermore, Mr Molefe noted that the Adoption Act contradicts the Children’s Act of 2009 on the agreed age of a child.

He said the Children’s Act recognises a child as someone who is between the age 0-18 years whereas the Adoption Act said a child was 19 years and below.

Mr Molefe said he has not dealt with cases of incest between parents and their children tied by adoption, but said he was aware that such cases were recorded in other places of Botswana.

He said it was time Batswana introspect to change the act.

In addition, Mr Molefe noted that the law requires biological parents to seek consent from the child before the inception of the adoption process. He added that most couples do not seek the consent of the child.

He said children who were not involved in the decision making process end up rebelling against their adoptive parents.

In detailing the status of the adopted child, Mr Molefe said upon granting power of parenthood to adoptive parents, the biological parenthood status seizes. Mr Molefe said the adopted child enjoys the same benefits to other children born biologically.

He also noted that despite the amputating of the biological parenthood status, the adopted children were entitled to inherit upon the death of such parents. Ends