International Policy Conference on the African Child (IPC):"Inter-country adoption risks children lives"

“Inter-country adoptions negatively affect adopted children if not properly regulated, a law commissioner has observed.

Law Commissioner Gertrude Hiwa made the observation in Lilongwe on Monday during a consultative workshop for the fifth International Policy Conference on the African Child (IPC) organised by the Malawi Law Commission.

She said inter-country adoptions in some instances are marred by dysfunctional and insufficient regulation which result in serious violations of children’s rights.

She said the very children which the system endeavours to improve their wellbeing may be exposed to even greater risks by the system.

“Such risks may include child trafficking, sale of the children , abduction and abuse, coercion of birth parents especially mothers to relinquish their babies, fraud and also corruption,” Hiwa said.

“Further Africa has not yet carried out a comprehensive situation analysis of inter-country adoption with the result of unavailability of proper information on the issue and therefore a gap on the accurate
status of inter-country adoption in Africa,” she said.

Hiwa further said it is important for Africa to try and address this matter collectively and collaboratively in order to ensure a harmonious approach to defeat unscrupulous actors who take advantage of the countries whose rules and systems are weak and therefore puts vulnerable
children at even greater risk.

In an interview, Executive Director for Youth Net and Counselling Macbain Mkandawire expressed concern over the provision of the Malawi adoption legislation, saying the country’s legislation does not expressly prohibit or regulate inter-country adoption.

“Declaring that inter-country adoption can take place in Malawi is not enough to safeguard the best interests of the child there is more that needs to be done,” he said.

Mkandawire further said the legislation does not provide for regulatory framework for the establishment of systems and procedures aimed at safeguarding and promoting the best interests of the child who is the subject to an inter-country adoption.

The consultation meeting was organised in preparation for the Fifth International Policy Conference on the African Child (IPC) which will be held in Ethiopia in May.”

Inter-country adoption risks children lives [The Daily Times 2/28/12 by Patricia Nkhoma]

On February 8, 2012, US DOS issued a  notice, pasted below:
“Notice: Ongoing Nationwide Judicial Strike Closes Courts in Malawi

Due to a nationwide judicial strike by certain judicial employees in Malawi, the court system halted all functions on January 9, 2012. Since this time, no new or pending cases have been processed. The strike has caused a backlog of pending civil and criminal cases. These cases will have to be processed before new cases, including adoption hearings, can be accepted. We advise prospective adoptive parents against travelling to Malawi for a hearing until the strike has ended and you have received a firm court date.

Prospective adoptive parents are encouraged to remain in contact with their adoption service provider to stay up-to-date on any information pertinent to their individual case. In addition, please continue to monitor www.adoption.state.gov for updates. We also suggest that any families with pending or potential adoption cases contact the U.S. Embassy in Lilongwe, Malawi, at consularlilong@state.gov to make the Embassy aware of your case.”

Malawi is not a Hague country and has placed only a total of 20 children to the US since 2000.

REFORM Puzzle Piece

Countries that do not have the infrastructure for international adoption have high risks of trafficking.