The child adoption process in papua new guinea: common jurisdiction

bykamongmenan

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8 years ago

In Papua New Guinea, the Act of Parliament that provides for any child to be adopted are provided under Adoption of Children Act 1968.

As the name of the law of law suggests, and thus has been purposely enacted for the adoption of children. Therefore, the Act makes provisions for the adoption proceedings which can be instituted by married couples who may have children of their own or who may have been parties to an earlier relationship. However, there are some steps which must be taken prior to making the actual application in court.

Hence, the steps as required are expounded by section 9 of the Children Adoption Act of Papua New Guinea which must be taken at the initial stage prior to the making of adoption application in court.

as per quoted "Jurisdiction is conferred on the National Court in proceedings instituted in the court in accordance with this Act, and in particular the court mat make an adoption order in accordance with this Act in respect of a child."

Accordingly, this provision provides that the National Court may make \order for adoption of a child by two parents-which must be married husband and wife. Both of the Applicants must be residents or domiciled in the country and the child must be also be present in the country.

Subsequently, the steps which must be taken at the initial stage prior to making of adoption application in court are expounded in section 9 of the Act in the following terms:

Section 9(1) The Court shall not make an order for the adoption of a child unless the Director has made a written report to the Court concerning the proposed adoption and after considering the report and any other evidence before the |Court, the court is satisfied that:

(a) The applicants are of good repute and are fit and proper persons to fulfill the responsibilities of parents of a child, and

(b) The applicants are suitable persons to adopt the child, having regard to

(1) all relevant considerations, including the ages, state of health, education if any and religious upbringing or convictions if any, of the child and of the applicants, and

(2) any wishes that have been expressed by a person or guardian of the child, in an instrument of the consent to the adoption of the child, with respect to the religious upbringing of the child, and

(3) The welfare and interests of the child will be promoted by the adoption.

It follows from section 9 that first step would involve a report from the Welfare Officer. The director of Welfare is required to provide a written report proposed purpose. This report is basically a Home Study Report on the environment in which the child is intended to be raised. The report contains an assessment of the intending parent's capacity to raise the child, and often provide an opinion as to whether or not the adoption should be permitted.

Also id follows from section 9 that second step requires the applicants to be of good repute. Both applicants must have a good standing in the community. They be hard working individuals and both are in good physical and mental health. Thus, the applicants would be seen to be of good repute and fit and proper persons to fulfill the responsibilities of parents of a child.

The third step is a report concerning the medical report for the Child and the intending parents which must be filled by medical practitioner in compliance with Section 9 (3) of the the Act.

The fourth step which is in fact vitally important is to derive the consent of the biological parents of the child.Such consent represents that the legal responsibility of the biological parents is now shifted to the adoptive parents.

The fifth step involves authentication of consent from both sides (parents and adopting parents). This process requires a Lawyer to sign the consent to adoption to authenticate that the both parties in the adoption proceeding have consented. Before he signs, he would advise and explain the consequences of consenting to the adoption orders prior to the biological parents signing the |consent to adoption.

And finally, but not the least, when the Court is satisfied that all the requirements have been met the National |Court shall make and Order as per Section 2 of the Child Adoption Act 1968.

Generally, in Family Law, there is important consideration is the welfare of the welfare of the child; as I quote "Paramount consideration is the welfare of the child."

Legal knowledge.