Botswana - Adopt a Child

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Procedure

Apply In Person

1. All child adoptions in Botswana are Ordered by the magistrate court. Botswana Magistrate Court Contact Details
2. Individuals and families interested in adopting children (Potential parents) should visit the magistrate’s courts in the district in which the adopted child resides and submit a written application, to the Civil Registry at the Magistrate's court to be verified.
3. The Potential parents will be issued the relevant application forms to complete and have them commissioned by a Commissioner of Oaths either at the Police Station or the District Commissioners’ office.
4. The completed forms attached to the supporting documentation as mentioned under the “Required Documents” section of this page, should then be submitted to the Civil Registry at the Magistrate's court. Any omission of the required document and information will render the application process incomplete.
5. The application must also be accompanied by a report of a social welfare officer which gives background information on all the affected parents and further confirms that the adoptive parents are qualified to adopt the child.  This investigation and report by a social welfare officer can be requested at the Civil Registry at the Magistrate's Court.
6. Upon submission, the application is checked for completeness and correctness by the civil registrar, if everything is in order the applicant will be required to pay the non-refundable processing fee as mentioned in the “Fee” section of this page, at the court’s cashier office and obtain a payment receipt.
7. The application will only be registered to be processed when payment has been made, the applicant will be issued with an acknowledgment slip that proves submission of the application file and for inquiry referencing if the need arises.
8. The Court will then finalize on all the adoption matters i.e.
9. By setting a court hearing date on the matter, where all parties involved will be summoned and the general public will be invited to express their concerns to the matter (objection), for consideration by the court.
10. The adoptive parents should avail themselves to the court during the hearing date to plead their case.
11. The ability to support and educate the child is examined by the court which may or may not allow the adoption. The social worker may give an opinion on the capability of the adoptive parent(s) to the court if summoned.
12. The court may request additional information relevant to the application. In such a case, the information must be submitted within the stipulated time from the date of notification. Where the applicant fails to submit the required information, the court shall reject the application.
13. Notice of the decision (Approval, Deferral, or Rejection) for the application will be communicated to the client in writing.
14. If approved; the adoption will be registered in the Civil Registry at the Magistrate's Court and the adoption certificate will be drawn up by the registrar as directed by the court, to be issued to the applicants against their identification document.

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Required Documents

• Certified copy of their National Identity Card (Omang),
• Certified copy of the birth certificate for the child being adopted,
• If the adoptive parents are married, a certified copy of the marriage certificate,
• Proof of income (e.g. current payslip, contract),
• Assessment by a social welfare worker of the parents’ capabilities and home environment.

Note:
the court reserves the right to request additional supporting documentation where it deems it necessary

Office Locations & Contacts

Gaborone High Court
Address: Central Business District
Private Bag 002200
Tel: (+267) 3718000
Toll-Free: 0800 601 027

Francistown High Court
Private Bag F13
Tel: (+267) 2412125/ 2416378
Toll-Free: 0800 600 922

Lobatse High Court
Private Bag 001
Tel: (+267) 5338000/5332317
Toll-Free: 0800 600 947
E-mail: [email protected]
Botswana Magistrate Court Contact Details
Botswana Courts Contact Details and Map Location
Botswana Administration of Justice Website

Eligibility

For a Potential parent (s) to be are allowed to adopt a child, one has to meet the following prerequisites conditions.

• prospective parents must be at least twenty-five (25) years of age to proceed with the adoption of a child and not above 65 years.
• A widow or widower or unmarried or divorced person may adopt his/her biological child who was previously adopted by any person under the Adoption Act, whether or not he or she is under the age of twenty-five (25) years or is less than twenty-five (25) years older than the child.
• In case of a joint application the couple must have been married to one another for at least three years.
• A married couple may adopt a biological child of one of them even though they are under the age of twenty-five (25) years and the child is sixteen (16) years or more. The husband, however, must be at least fifteen (15) years older than the child of his wife and the wife must be at least ten (10) years older than the child of the husband.
• A married person whose spouse, as at the time of the adoption, has been suffering from mental illness for a continuous period of more than seven years immediately preceding that time can not adopt a child.
• A person cannot adopt a child twenty-five (25) years younger than their selves unless the child is of the same sex as the adoptive parent.
• A sole foreign female applicant can only adopt under special circumstances.
• A relative to the child, if the relative has been taking care of the child. This is known as kinship adoption.
• The adoptive parent and the child must be resident in Botswana for six months at the time of the proposed adoption.

For a child to be adopted in Botswana, the child has to meet the following eligibility criteria.

• A child cannot be adopted unless the child is at least six (6) weeks old and has been declared free for adoption by a registered adoption society.
• A child of sixteen (16) years of age can only be adopted by parents who are at least twenty-five (25) years older than that child.
• The child must be below the age of 18 years and residing in Botswana.
• Any child who is resident within Botswana may be adopted whether or not the child is a Botswana citizen, or was or was not born in Botswana.
• The child is abandoned and the whereabouts of the parents/guardians are unknown.
• The child is an orphan and there is no guardian/caregiver who is willing to take care of the child.
• The parents/guardians of the child have given consent for the child to be adopted (parent offer adoptions).

Fees

• A court fee of BWP 60.00 applies to processing adoption applications, whether successful or not.

Validity

• The adoption certificate validity period is forever unless cancelled or revoked by the court.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The adoption process can vary based on the time taken to complete applications and a social welfare officer visit.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external 
websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

Please provide other instructions related to the certificate/documents.
e.g. The state office holds birth records since january 1908.

Required Information

• Full names and bio-data of the adopted child/ applicants
• Marital status of the adoptive parents
• Contact details
• Medical report of the adoptive parents
• Financial status
• Residing residence of the child/ adoptive parents
• Child’s date of birth and gender.
• Criminal records of applicant’s
• Declaration by the applicant

Need for the Document

• Adoption is the legal process by which a child becomes the child of persons other than his/her natural or biological parents.
• When a child is legally adopted the adopter or adopters become the child's parent(s).
• Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parent(s) to the adoptive parents.

Information which might help

• The law prohibits the advertisement of a child for adoption.

The following persons are not allowed to adopt in Botswana;

• Is not of sound mind within the meaning of the Mental Health Act.
• Has been charged and convicted by a court of competent jurisdiction for any of the offenses set out in the Third Schedule to the Act or similar offenses. The prescribed offenses generally include defilement, sexual offenses, immoral behavior, an attempt to procure abortion, unnatural offenses; and assault.
• Is a homosexual; accordingly, homosexuality is illegal in Botswana hence the prohibition of gay persons from adopting children.
• In the case of joint applicants, if they are not married to each other.
• Is a sole foreign male applicant.

Guardian Ad Litem
These are guardians appointed by the court for the child pending the hearing and determination of the adoption application. Some of the duties of a guardian include:

• Safeguard the interests of the child pending the determination of the adoption proceedings.
• Investigate and appraise the court as to the circumstances pertinent to the adoption of the child in the prescribed manner.
• Make recommendations as to the priority of making any interim orders or an adoption order in respect of the child.
• Intervene on behalf of the child and arrange for the care of the child in the event of the withdrawal of any consent.
• Undertake such duties as the court may direct.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Gov.BW Adoption of Children
Adoption of Children Magistrates Court

Others

More information which might help people.