Judiciary issues new rules on handling child adoption cases
What you need to know:
- The latest move in the Judiciary aims at restoring stakeholder confidence after the United States of America pinned Ugandan judges over a corruption-related case that involved unlicensed children being kept in a home in Kampala.
- The Americans further claimed that once the children were removed from their homes, many of them were placed primarily into one unlicensed children’s home in Kampala, and many were made to appear before courts as though they were orphans whereas not.
A day after the United States of America announced financial and visa restrictions against two Ugandan judges, the Judiciary came out with at least seven new guidelines that they think will address concerns surrounding child adoption.
The new guidelines were issued yesterday by the Principal Judge, Justice Flavian Zeija, pursuant to Section 20 of the Judicature Act and in consultation with the acting Chief Justice Alfonse Owiny-Dollo.
“The objective of the circular is to address the numerous concerns raised by key stakeholders on the manner in which some judicial officers have handled inter-country adoption matters,” reads in part the Principal Judge’s circular.”
“Adherence to this guidance will promote uniformity and consistency in the handling of the inter-country adoption matters and thus restore stakeholder confidence,” the statement further read.
Some of the new guidelines state that all inter-country adoption matters shall be handled by the Family Division of the High Court, the head of the Family Court in consultation with the Principal Judge, shall assign two judges at the division with the sole responsibility of handling inter-country adoption applications and all the High Court circuits cease handling inter-country adoption applications and transfer the files to the Family Division.
The guidelines further state that the Family Court shall take into consideration the report of the Alternative Care Panel before granting any adoption order. It also says the Registrar of the Division shall maintain an inventory and archive of all inter-country adoption applications and decisions and the Division shall submit quarterly reports on inter-country adoption to the Principal Judge.
On Monday, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) named judges Wilson Masalu Musene and retired judge Moses Mukiibi for allegedly participating in a scam that saw young children removed from their families and placed into a corrupt adoption network.
The other people cited in the alleged child adoption scam are advocate Dorah Mirembe and her husband Patrick Ecobu.
The Americans further claimed that once the children were removed from their homes, many of them were placed primarily into one unlicensed children’s home in Kampala, and many were made to appear before courts as though they were orphans whereas not.
New child adoption guidelines for courts
1. All inter-country adoption matters shall be handled by the Family Division of the High Court.
2. All High Court circuits shall immediately cease handling inter-country adoption applications and transfer the files to the Family Division of the High Court.
3. The circuit Registrars shall keep a record of the transferred applications to the Family Division.
4. The head of the Family Division in consultation with the Principal Judge shall assign two judges at the Division, with the responsibility of handling inter-country adoption applications.
5. The court shall take into consideration the report of the Alternative Care Panel before granting any adoption order.
6. The Registrar of the Division shall maintain an inventory and archive of all inter-country adoption applications and decisions.
7. The Division shall submit quarterly reports on the inter-country adoption to the Principal Judge.
