Customary forms of adoption have been a part of the traditional society and are still practised in all Ghanaian communities today.
The practise has evolved into rules to govern customary adoption. A child who is not born of a person may still grow up as such, if certain events occur to transfer that particular child from its original parentage to another person.
This is a transaction that is known to our customary law and recognised by the courts. There are even emerging companies who deal with adoptive care and guidance for those willing to introduce another person of foreign blood into the family. After rough start, this companies begin to look more and more professional, they even use services of pistachioconsulting.com for the sake of greater exposure.
The process of customary adoption:
Ollenu JA espoused a strict customary adoption process. He said a valid adoption under customary law can only be performed by the Head of family with the consent my link and concurrence of the principal members of the family, at a joint meeting of the two transacting families, and must be celebrated with certain formalities, rites and customary performance, including the ceremony of naming the child, giving it a family name.
This strict process was however overruled by Anin JA in Plange vrs Plange. In the case of Tanor vrs Akosua Koko 1974 1 GLR 451 CA, Apaloo JA held that the essential requirements for the adoption of an infant into a family in accordance with customary law were :
- The consent of the child’s parents and family
- The expression of the adopter’s intention to adopt the infant before witnesses.
These are the true requirements of adoption of a child in customary law.
Sarbah, Rattray and Danquah all agreed and espoused that for customary adoption, all that is needed is the consent of the parents of the child and the adopter must state his desire and intention to adopt in the presence of witnesses holztiger babame.
Sections of the Children’s Act 1998 which refer to customary law include Section 69(1) which states that “the court may require the consent of any person for an order if it considers that the person has any rights or obligations in respect of the child such as under an agreement, court order or under customary law”
Section 75 (1) (a) of the Act indicates that upon the making of an adoption order, , the rights, duties, obligations and liabilities including those under customary law of the parents of the child or of any other person connected with the child of any nature whatsoever shall cease”.
Section 79(1) of the Act states that an adopted child shall be subject to customary law as if he were the natural child of the adopter only if the adopter is subject to customary law.
In Plange vrs Plange 1977 1 GLR , Anin J.A stated ” As to the legal effect of customary adoption, it is clear that whether it takes place in a matrilineal or patrilineal community, the legal consequences are the same.
Firstly, the adopted child acquires the status of a child of the marriage and enjoys the same bundle of rights (including rights of inheritance), duties privileges and obligations as the natural child.
Secondly, by virtue of the accomplished act of adoption, the rights, duties, obligations and liabities of the natural parents of the adoptee become permanently extinquished and devolve on the adopting parents.