The Mauritian government has taken a significant step towards reforming the country's adoption procedures by approving the Child Adoption Bill and the Code Civil Mauricien (Amendment) Bill for public consultation. The bills aim to review national and international adoption processes, strengthen child protection, and better regulate the responsibilities of prospective adoptive parents. The public has until November 6 to submit their observations.
The Child Adoption Bill seeks to implement the Hague Convention of May 29, 1993, on the protection of children and cooperation in international adoption. The bill proposes the creation of the Mauritius Child Adoption Authority, which will oversee national and international adoptions, act as the central authority for Mauritius under the Hague Convention, and be responsible for evaluating candidates, issuing eligibility and suitability certificates, and matching children with prospective parents.
Prospective adoptive parents will be required to undergo a social inquiry, a medical examination by a government doctor, and a psychological evaluation. Their financial situation, judicial background, and family environment will also be assessed. Once they obtain a certificate, they can present their application to a judge, who will retain the power to authorize or refuse the adoption. The bill also proposes reducing the age for adoption from 30 to 25 years.
The reform places greater emphasis on the consent of children, requiring that the views of children under 15 be taken into account if they have the necessary maturity, and that children above 15 give their consent. The bill also introduces the concept of judicial declaration of parental abandonment, which can be pronounced by a Supreme Court judge if a child has been neglected for a year.
The bill provides for severe penalties for adoption-related offenses, including a maximum fine of Rs 1 million and a prison sentence of up to 10 years. The reform prioritizes keeping children with their biological family or close relatives when possible and in line with the child's best interests. An adoption in Mauritius will be sought before considering international adoption.
The bill also introduces a mandatory follow-up system for adopted children, with visits to adoptive families every three months in the first year, every six months in the second year, and annually from the third year until the child turns 18. This will help assess the child's living conditions and detect potential abuse or neglect.
The Ministry of Gender Equality and Family Welfare invites citizens, organizations, and concerned parties to submit their observations on the two bills. The documents are available on the ministry's website, and comments can be sent to [email protected] by November 6. The bills will then need to go through the necessary legislative steps before they can come into effect.
Key points
- The Mauritian government has approved the Child Adoption Bill and the Code Civil Mauricien (Amendment) Bill for public consultation.
- The bills aim to review national and international adoption processes, strengthen child protection, and better regulate the responsibilities of prospective adoptive parents.
- The public has until November 6 to submit their observations on the bills.