Adoption of a minor child in Zimbabwe: Statutory framework, practical scenarios, and safeguards against exploitation

TARIRO MAGAYA AND FUNGAI CHIMWAMUROMBE

Adoption in Zimbabwe is a legally transformative process anchored in a statutory framework designed to protect the rights and welfare of minor children.

This article examines the legislative provisions underpinning adoption, analyzes practical scenarios encountered in domestic and international contexts, and highlights procedural safeguards against exploitation and trafficking.

Drawing on recent jurisprudence and administrative practice, the article offers a comprehensive overview of adoption as both a legal and humanitarian commitment.

The primary legislation regulating adoption is the Children’s Act [Chapter 5:06]. Section 57(1) of the Act mandates that adoption applications be made to the Children’s Court, typically within a Magistrate’s Court. Section 57(2) requires the appointment of a probation officer to act as guardian ad litem, tasked with investigating the applicant’s suitability and ensuring the child’s welfare is protected throughout the process. Once an adoption order is granted, Section 61 confers full parental rights to the adoptive parent(s), while simultaneously terminating the legal relationship between the child and their biological parents.

Complementary provisions are found in the Births and Deaths Registration Act [Chapter 5:02], which allows adoptive parents to amend the child’s birth certificate to reflect their names. This right was affirmed in the landmark case of Masendeke & Others v Registrar General & Others [2024] ZWHHC 382, where the High Court ruled that excluding adoptive surnames from birth certificates was unconstitutional and discriminatory. Additionally, the Guardianship of Minors Act [Chapter 5:08] governs interim custody and guardianship arrangements, particularly relevant in cases involving contested or unclear parental responsibility.

The adoption process begins with a formal application to the Children’s Court. The applicant must undergo vetting by a probation officer, which includes police clearance, home inspections, and medical assessments.

If both biological parents are alive, their written consent is required. However, where one parent is deceased and the other is untraceable or has never assumed parental responsibility, the court may waive consent after conducting due inquiry. Upon approval, the court issues an adoption order, and the adoptive parent may apply for a revised birth certificate reflecting the new legal parentage.

In cases of international adoption, particularly where the adoptive parent is a relative residing abroad, additional safeguards apply. For example, consider a scenario where a nine-year-old girl’s mother has died, and her father has been absent since birth, with his whereabouts unknown. Her maternal cousin, working and living overseas, wishes to adopt her and relocate her overseas. In such cases, the Children’s Court may waive paternal consent after verifying the father’s absence and lack of involvement. The overseas relative must provide supporting documentation from the host country, including home study reports, immigration sponsorship letters, and proof of capacity to care for the child. The Department of Social Welfare and the Ministry of Home Affairs must be engaged to ensure compliance with intercountry adoption protocols.

Once the adoption order is granted, the adoptive parent must apply for a passport for the child through the Registrar General’s Office. This requires submission of the updated birth certificate, certified copies of the adoption order, and clearance from the Department of Social Welfare confirming that the child is legally permitted to travel. Immigration authorities may also require exit consent and verification that the adoption was not conducted under duress or false pretenses.

Practical scenarios illustrate the diversity and complexity of adoption cases in Zimbabwe. In one instance, a six-year-old girl orphaned in a car accident is adopted by her maternal aunt in Harare.

In another, a couple facing financial hardship voluntarily places their child for adoption, with both parents consenting. In yet another, a child with one deceased parent and an absent father is adopted by a relative abroad, requiring international coordination and documentation.

These examples underscore the importance of procedural flexibility and judicial discretion in ensuring that each child’s unique circumstances are addressed with care and legal precision.

Throughout all these processes, due diligence is critical. Zimbabwean authorities must ensure that adoption is not used as a cover for child trafficking or exploitation.

Children must not be enticed into adoption under vague promises of better life opportunities abroad. As a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, Zimbabwe upholds strict standards of transparency, accountability, and child-centered decision-making. Post-adoption monitoring mechanisms should be in place to ensure the child’s welfare and the adoptive parent’s continued accountability.

In conclusion, adoption in Zimbabwe is both a legal and moral commitment. It offers children not just a new home, but a future grounded in dignity, protection, and belonging. Whether domestic or international, the process must be approached with compassion, procedural rigor, and an unwavering commitment to safeguarding the rights and welfare of the child. Legal practitioners, social workers, and judicial officers must continue to uphold these standards with vigilance and empathy, ensuring that every adoption serves the best interests of the child.

Tariro Magaya is a legal intern. Can be contacted on tariro@zenaslegalpractice.com or +263 71 493 9942

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Chimwamurombe Legal Practice and can be contacted through email fungai@zenaslegalpractice.com.