Adoption is the legal process through which the existing legal relationship between a child and his or her parents is terminated and a new legal relationship is created between the adoptive parent(s) and the adopted child. In our African context it is mostly done within family circles and within communities and therefore requires no documentation since after the parents of the child die, someone is chosen from amongst the family (relatives) to take care of the child or people from the community can assimilate such child into their own family. There is however, a formal legal process for adopting children. This involves complete strangers adopting or assimilating a child who is not related to them into their homes.
Adoption provides a child with a Constitutionally entrenched form of care and protection that ensures securing stability in a child’s life. All rights and liabilities existing between the child and their parents are terminated; they take the surname of the adoptive parents in substitution of the current one. Adoption of a child therefore is not done lightly, as its implications are serious and far-reaching.
The nature of adoption should make parents ponder on a few things. As your children grow, are you willing to make room for the possibility that they could be adopted after your death? If so, have you selected prime parents for that? If you have adopted children of your own during your lifetime, what provisions have you put in place to cater for your children ad their futures after you? All your children must be taken care of through your planning, including leaving the options open to have your children legally adopted after your demise.
Think this through as you look into the future. #MakeAPlan!
ESTATE PLANNING & ADOPTION
