ADOPTION, CUSTODY AND WELFARE LAW IN CAMEROON

PROCEDURE FOR CHILD ADOPTION IN CAMEROON – 6 MANDATORY STEPS BEFORE THE COMMON LAW COURTS AS OPPOSED TO THE 3 STEP PROCEDURE IN THE CIVIL JURISDICTION OF CAMEROON

INTRODUCTION TO CHILD ADOPTION IN CAMEROON

The process for child adoption in Cameroon will ensure the total transfer of all rights, duties and obligations of natural parents to the adoptive parent. The only legal means for married couples who can’t procreate to have children in Cameroon is the child adoption process in Cameroon. Child adoption in Cameroon is equally a process to better the child’s future either in Cameroon or abroad. The concept of adoption in Cameroon is simply a legal process engaged before the competent courts in Cameroon in which the parental responsibility of a child in Cameroon is transferred from the birth parent to the adoptive parents.

Worthy of note is the fact that the child adoption process in Cameroon is regulated by a Bijural system of Cameroon. To this end, the Common Law system applicable in the English-speaking regions of Cameroon and the Civil Law system applicable in the French speaking regions of Cameroon. There are 6 mandatory steps to be engaged by the family solicitor before the Common Law courts of Cameroon whilst before the Civil Law Courts of Cameroon, the steps to be engaged by the family solicitor are 3.

WHAT IS AN ADOPTION ORDER IN CAMEROON?

An adoption order in Cameroon is a legal document issued by a court that permanently transfers parental rights and responsibilities from a child's birth parents to their adoptive parents. The standard attained for eligibility as an applicant for adoption in Cameroon is 40 years and above for a single adoptive parent or 10 years and above of marriage for a couple or have fertility issues that must be medically proven by a competent medical process.

REGULATORY FRAMEWORK OF ADOPTION IN CAMEROON

  • Regulatory Framework for Adoption in the Common Law Jurisdiction of Cameroon

The laws regulating adoption in the common law jurisdiction of Cameroon are as follows:

  • The Civil Status Registration Ordinance No. 81-02 of 29th June 1981;
  • Section 18(1)(b) of Law No. 2006/015 of 29th December 2006;
  • Section 10 of the Southern Cameroons High Court Law of 1955;
  • Section 47(2) of the Adoption and Children Act 2002;
  • Law No. 2005/15 of 29 December 2005 relating to the fight against child trafficking and slavery; and
  • Law No. 2011/024 of 14 December 2011 relating to the fight against trafficking in persons and slavery.
  • Regulatory Framework for Adoption in the Civil Law Jurisdiction of Cameroon

The laws regulating adoption in the civil law jurisdiction of Cameroon are as follows

  • The Civil Status Registration Ordinance No. 81-02 of 29th June 1981;
  • Section 344 of the Code Civil Camerounaise;
  • Loi n° 2011/011 du 6 août 2011 which has modified the Civil Code of Cameroon; and
  • Loi n° 2022/01 du 21 février 2022 making child adoption in Cameroon by same-sex couples and by unmarried couples possible;
  • Law No. 2005/15 of 29 December 2005 relating to the fight against child trafficking and slavery; and
  • Law No. 2011/024 of 14 December 2011 relating to the fight against trafficking in persons and slavery.

CONDITIONS FAVOURABLE FOR A CHILD ADOPTION APPLICANT IN CAMEROON

Must have shown proof of providing support for the child before engaging the process in the following aspects;

  • School fees payment support
  • Medical assistance support
  • Basic upkeep support
  • Create connection with the child to be adopted

INTRAFAMILY PROCEDURE FOR CHILD ADOPTION IN CAMEROON (DOCUMENT REQUIREMENT)

This is an adoption process engaged by a Cameroonian citizen irrespective of their place of residence aimed at adopting a child within the family genealogy. This process is usually faster and easier to accomplish before the competent court in Cameroon because of the presumption to eligibility of the applicant who in most cases has already engaged activities in the interest of the child to be adopted in Cameroon. The family solicitor will need to get the necessary information and documentation from the prospective adoptive parents, the child to be adopted and the biological parents of the child. In this regard, the following documents are required:

  • Copy of marriage certificate
  • Copy of the birth certificate of the applicant and the child
  • Copy of an irrevocable consent letter under oath signed by the biological parents
  • Copy of the medical certificate of fitness of the applicant and the child
  • Copy of morality report of the applicant
  • Copy of non-conviction of the applicant
  • Full photograph and passport size photo of the applicant
  • Copy of proof of residence of the applicant
  • Copy of bank statement as proof of funds of the applicant
  • Social Inquiry report

The child adoption originating process cannot be engaged before a competent court in Cameroon without the provision of the above listed documents.

INTERCOUNTRY CHILD ADOPTION IN CAMEROON (DOCUMENT REQUIREMENT)

This is an adoption application procedure engaged by applicants of foreign nationality aimed at adopting a child from an orphanage in Cameroon. Applicants are expected to adhere to a strict process which is both administrative and legal in nature. Applicants of an intercountry adoption in Cameroon must submit the following documents:

  • Copy of birth certificate of the applicant
  • Copy of criminal record of the applicant
  • Copy of the Identification document of the applicant
  • Copy of marriage certificate of the applicant
  • Medical report of the applicant
  • Social inquiry report from the social service of the place of residence o the applicant
  • Full photograph and passport size photo of the applicant
  • Proof of residence of the applicant
  • Copy of bank/income statement of the applicant
  • Morality report of the applicant
  • Legal engagement with a law firm specialized in adoption in Cameroon
  • Provision of a Guarantor who is Cameroonian by nationality resident in Cameroon
  • What is the role of custody in an intercountry adoption application in Cameroon?

A custody order is aimed at supervising the performance of the prospective adoptive parent towards catering for the child to be adopted in Cameroon. After the successful custody regime, the major stakeholders in the intercountry adoption process in Cameroon will have to establish a favourable report if the custody regime was positive or an unfavourable report if the custody regime was not successful.

PROCEDURE FOR CHILD ADOPTION IN CAMEROON - 6 MANDATORY STEPS BEFORE THE COMMON LAW COURT OF CAMEROON

In the common law jurisdiction of Cameroon, there are six (6) mandatory steps to be engaged to obtain the child adoption decision in Cameroon.

Where the child to be adopted in Cameroon is from an orphanage, there will be an administrative procedure engaged by the Ministry of Social Affairs after which a custody order will be given to the foreign national (prospective adoptive parent) to supervise his or her capacity to take care of the child. After this custody period, then upon a favourable response from the ministry of social affairs can the adoption process be engaged before the courts.

The 6 mandatory steps before the common law courts for a child adoption in Cameroon are as follows:

  • File an Originating Application: This is a document established by the family law attorney introducing the adoption file and praying the competent court to grant the adoption.
  • File Supporting Statement: This is a document established by the family attorney in support of the prayers in the originating application before the competent court.
  • File Social Welfare Report: This is a document established by the social welfare department of Cameroon in support of the adoption process after due diligence on the documents and situation of the parties to the adoption process.
  • Notify the State Prosecutor for Submission: This step entails the invitation of the State Counsel Chambers to provide their submission concerning the adoption process as they are in charge of ensuring that such processes do not lead to child trafficking.
  • Submit the Originating Motion in Court: This step entails the total submission of all documents and processes of the various actors of the adoption process in view to obtain a favourable adoption decision.
  • Obtain the High Court Decision: This step is the last of the six steps in the child adoption process before the common law court of Cameroon which entails the delivery of the judgment and the mention of the adoption decision on the birth certificate of the adopted child.

PROCEDURE FOR CHILD ADOPTION IN CAMEROON - 3 MANDATORY STEPS BEFORE THE CIVIL LAW JURISDICTION OF CAMEROON

The child adoption in Cameroon process in the civil law jurisdiction is engaged differently from that of the common law jurisdiction. In this regard, the adoption process before the civil jurisdiction undergoes three mandatory steps as follows:

Step 1: Preparation of Consents

Under this step, there are three aspects of consent which must be engaged before the competent judge to wit:

  • Adopter’s Consent: The person wishing to adopt and the person wishing to be adopted must appear before a justice of the peace or a notary to register their respective consents.
  • Consent of the Adoptee: If the adoptee is over 16, they must give their consent. If they are under 16, their legal representative does so on their behalf.
  • Parental Consent: If the child is a minor and still has both parents, they must both consent. If one parent is deceased or incapacitated, the consent of the other is sufficient. In the case of divorce or separation, the consent of the parent with custody is required, and the other parent must be informed.

Step 2: Application for Approval

Under this second step, there are three aspects which make up the application for approval from the competent court. They are as follows:

  • Application to the Court: Once consents have been obtained, an application must be filed with the civil court to approve the adoption.
  • Hearing of the Prosecutor: The court hears from the public prosecutor before making its decision.
  • Court Decision: The court pronounces the homologation, which may also include decisions on the adoptee's name and the severing of ties with their biological family.

Step 3: Transcription of the Judgment

According to this third step, there are two aspects which constitute the transcription of the judgment to wit:

  • Transcription: Within three months of the judgment, the arrangement must be transcribed in the civil registry of the place of birth of the adoptee.
  • Marginal Note: A note of the adoption and the adoptee's new first and last name is added to the margin of their birth certificate.

PROOF THAT THE CHILD ADOPTION PROCESS IN CAMEROON IS SUCCESSFUL

  • Documentary Proof
  • Adoption certificate issued after the delivery of the Court Judgement
  • Inscribed Decision on Birth Certificate of the adopted child
  • Physical Proof
  • Delivery of the adopted child to the adoptive parent(s)

IMPORTANCE OF THE BIOLOGICAL PARENTAL CONSENT TO THE CHILD ADOPTION IN CAMEROON

The importance of signing an irrevocable consent by the biological parents in a child adoption in Cameroon is to create legal permanence and stability for the child by terminating the biological parents' legal rights and responsibilities. This ensures the adoptive family can provide a secure and stable home without the risk of the child being reclaimed, which is the core intention of adoption. Once the consent is irrevocable, it cannot be taken back, except in rare cases of fraud or duress, which solidifies the adoption's finality.

  • Why the Irrevocable Parental Consent is essential in a child adoption process in Cameroon?

Creates finality: An irrevocable parental consent document signed in Cameroon makes the adoption final, ending the biological parents' legal rights and duties towards the child. This allows the child to be legally and permanently integrated into the adoptive family.

Ensures child's stability: The permanency provided by irrevocable parental consent document signed by the biological parents is crucial for the child's well-being, offering them a stable and secure home without the future uncertainty of a parent revoking consent.

Upholds adoption's purpose: Adoption's purpose in Cameroon is to create a permanent home for the child, and irrevocable consent ensures this goal is achieved.

Forms the legal basis for adoption in Cameroon: The parental consent signed by the biological parents in Cameroon is a legal document that forms the foundation of the adoption process before the Cameroon courts. Without it, the legal adoption cannot be finalized.

CIRCUMSTANCES UNDER WHICH AN ADOPTION ORDER CAN BE REVOKED IN CAMEROON

A child adoption in Cameroon can be revoked even after been granted by the courts in the following cases:

  • Fraud: Proof of fraud on the documents submitted by the applicant is a reason for revocation of an adoption order by the Cameroon court.
  • Crime: The involvement of the adoptive parent in criminal activity will endanger the adopted child and as such the court will not hesitate to revoke the adoption order in Cameroon.
  • Bankruptcy: The upkeep of the adopted child is fundamental. Hence the bankruptcy of the adoptive parent is pivotal to affect the upkeep of the adopted child in Cameroon.
  • Immoral behaviour: Immoral behaviour such as drug abuse, sexual abuse are serious vices to affect the proper upkeep of the adopted child. In a case where the adoptive parent exhibits such behaviour, the courts in Cameroon will not hesitate to revoke the adoption order.

LEGAL CASES ON ADOPTION

CONCLUSION

In consideration of the increase in child trafficking cases in Cameroon and Africa, the process of child adoption in Cameroon has become quite regulated and it is very necessary to consult with a competent family law attorney in Cameroon.