The Mauritian government has initiated a public consultation on two bills related to adoption, the Child Adoption Bill and The Code Civil Mauricien (Amendment) Bill, until November 6. These bills aim to regulate national and international adoptions and align the country's legislation with the 1993 Hague Convention. The Ombudsperson for Children, Aneeta Ghoorah, welcomes the reform, emphasizing the need for clear rules and post-adoption follow-up.
According to Aneeta Ghoorah, the adoption process must prioritize the best interests of the child, not just the desire of adults to become parents. This involves a thorough evaluation of the suitability, stability, and capacity of adoptive parents. The protection of children against abuse, exploitation, and trafficking, particularly in international adoptions, is also crucial. The Ombudsperson stresses the importance of maintaining sibling relationships and providing a secure and nurturing environment for adopted children.
Edley Maurer from the NGO Safire agrees that adoption can be a positive solution for some children facing difficulties, but emphasizes the need for prior support to families and schools. He suggests identifying and addressing issues within families and schools to prevent children from being separated from their families or dropping out of school. Maurer recommends providing support to mothers to strengthen their autonomy and ability to care for their children.
The Child Adoption Bill proposes the creation of the Mauritius Child Adoption Authority, responsible for national and international adoptions. The bill prioritizes the best interests of the child, maintaining them in their family if possible, and searching for a family in Mauritius before international adoption. The bill also outlines the evaluation process for adoptive parents, including a social inquiry, medical examination, psychological assessment, and interview.
Under the proposed bills, non-citizens wishing to adopt must have permanent residence in Mauritius, have lived in the country for five years, and obtain a letter of non-objection from their country of origin. The decision to grant adoption will be made by a judge, accompanied by a certificate of eligibility and suitability. The bills also provide for post-adoption follow-up, including monthly reports to the judge and regular visits.
The Code Civil Mauricien (Amendment) Bill proposes several changes, including reducing the age requirement for adoption from 30 to 25. The bill also emphasizes the importance of obtaining free, informed, and unconditional consent from birth parents, and allows adopted children to withdraw their consent until the adoption is finalized.
The public consultation on the Child Adoption Bill and The Code Civil Mauricien (Amendment) Bill is open until November 6, and the Ministry of Gender Equality and Family Welfare invites comments from the public. The bills can be accessed on the ministry's website, and comments can be submitted via email.
Key points
- The Mauritian government aims to strengthen the legal framework for adoption through the Child Adoption Bill and The Code Civil Mauricien (Amendment) Bill.
