COLLEGE OF SOCIAL SCIENCE AND HUMANITY

DEPARTEMENT OF LAW
IMPLEMENTATION OF THE RIGHTS OF ADOPTED CHILDREN IN
BITTA WOREDA COURT

A SENIOR THESIS SUBMITTED TO COLLEGE OF SOCIAL SCIENCE

AND HUMANITY DEPARTEMENT OF LAW AS PART OF THE
REQUIREMENT FOR THE BACHELOR OF LAW DEGREE (LLB),
BONGA UNIVERSITY

PREPARED BY;
1. MULALEM MELAKU
2. SINTAYEHU BOGALE
ADVISOR; MELESE.F (.LLB.LLM.)

AUGUST, 2024

BONGA, ETHIOPIA

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 DECLARATION
We hereby declare that this research paper is original and has never been presented in any
other institution to the best of our knowledge and belief; we also declare that any information
used has been duly acknowledged. While submitting this thesis in the partial fulfillment of
the requirement for the degree of bachelor of law (LLB) to the department of law, Bonga
University.

Acknowledgment

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 Prima face, we are grateful to the God for the good health and well-being that were
necessary to complete this paper.

We wish to express our sincere thanks to our advisor Melese.F (LLB, LLM) for sharing his
advice and encouragement extended to us. We also grateful to our family for their kindness
and passion in our studying life.

We take this opportunity to express gratitude to all Bonga university departments of law
teachers for their help and support until now. We also place on record our sense of gratitude
to all of Bonga University communities.

Table of Contents

Contents
1.1 INTRODUCTION.....................................................................................................................................7
1.1 Back ground of the study......................................................................................................................8

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 1.2 Statement of the problem..............................................................................................................9
1.3. The Basic Research Questions........................................................................................................10
1.4. Objectives of the Study...................................................................................................................11
1.4.1. General Objectives...................................................................................................................11
1.4.2. Specific Objectives...................................................................................................................11
1.5. Significances of the Study...................................................................................................................11
1.6. Scope of the Study..........................................................................................................................12
1.7. Limitations of the Study..................................................................................................................12
1.8. METODOLOGY................................................................................................................................12
1.8.1. Research Design and approach................................................................................................12
1.8.2. Study Participants....................................................................................................................12
1.8.3. Source of Data.........................................................................................................................12
1.9. Organization of the Research.........................................................................................................13
CHAPTER TWO...........................................................................................................................................13
2. LITERATURE REVIEW.............................................................................................................................13
2.1 The Trends of Childcare in Africa.....................................................................................................13
2.2. Legal Framework/ Policy Instruments............................................................................................14
2.3. ALTERNATIVE CHILD CARE SERVICES..............................................................................................15
2.3.1. Family Preservation.................................................................................................................15
2.3.2 Family reunification/reintegration............................................................................................16
2.3.3. Domestic Adoption (DA)..........................................................................................................16
2.3.4. Forster Care / Kinship Care......................................................................................................16
2.3.5. Institutional Care.....................................................................................................................16
2.4. Adoption as Alternative Care for Orphaned and Vulnerable Children............................................17
2.5. Adoption in Ethiopia.......................................................................................................................17
2.5.1. Ethiopian Adoption Profile.......................................................................................................17
2.5.2. Customary Laws Vs. Modern Laws...........................................................................................18
2.6. Legal Frameworks of Adoption in Ethiopia.....................................................................................20
2.6.1. International legal and policy frame works..............................................................................20
2.6.2. National guiding principles for child care in Ethiopia...............................................................22
CHAPTER THREE......................................................................................................................................23
The Right to Know Own Parentage............................................................................................................23

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 3.2. Child Rights Protection in Ethiopia..................................................................................................24
3.2.1. Legislative protection...............................................................................................................24
3.2.2. Executive protection................................................................................................................25
3.2.3. Judicial protection....................................................................................................................26
3.3. The Revised Family Law and Adoption in Ethiopia..........................................................................26
3.4. National guiding principles for child care in Ethiopia......................................................................28
3.5. The Major Actors in Adoption Practices in Ethiopian Context........................................................29
3.5.1. The Court as Actor in Adoption................................................................................................29
3.6. Imposition from the Modern Law of Adoption...........................................................................29
CHAPTER FOUR..........................................................................................................................................30
CONCLUSION AND RECOMMENDATON....................................................................................................30
4.1. CONCLUSION..................................................................................................................................30
4.2. RECOMMENDATION.......................................................................................................................31
BIBLOGRAPHY............................................................................................................................................32

ABBREVIATIONS

ACPF African Child Policy Forum

ACRWC African Charter on the Rights and Welfare of the Child
CRC Convention on the Rights of the Child
FHI Family Health International

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IC Institutional Care
ICA Inter-country Adoption
MOWA Ministry of Women‘s Affairs
MOWCYA Ministry of Women, Children and Youth Affairs
OVC Orphans and Vulnerable Children
RFC Revised Family Code of 2000
WCAO Women and Children Affairs Office
OVC Orphan and Vulnerable Children
UNICEF United Nations Children’s Fun

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Abstract
The study to understand and documents of the of the right Adopted children in bitta woreda
court the country lacked the clear and express laws w/c govern the issues of Adoption of
children.Afew exist About laws of Adoption we talks about the process of Adoption only.In
nutshell, in Ethiopia there is no specific legislation that Adoption in complete and holistic
manner and address the interest of the child there are legislation in the constitution federal
revised family code ,in the civil code in former S.N.N.P R, family code and the other legislation
of the federal and regional government. On other hand some time the conflict may occurred b/n
customary ways of Adoption and the modern laws.in such circumstance, the current practice
show the prevalence of the modern law irrespective of the interest of Adopted child the court
entertain the Case in favor of modern laws.so such dis regarding the interest of the adopted child
may can endanger the fate of that child. According, the scope of the interference of modern
laws was very wide still demanding the interest of the child. Our considering the current,
obstacles w/c hinder the well implementation the right of Adoption child

CHAPTER ONE

1.1 INTRODUCTION
Bitta woreda is specific area to conducting in this study located in south west region kaffa zone
bitta city it’s about 519 k/m away to south east the capital city of Ethiopia most of the people
which leave in this area speak kafinoonoo and afanoromo and Amharic language. Socio
economic condition bita city is manly depending on agriculture activities. Likes maize onion
etc…

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Our research work hold five chapters the first chapter is about statement of the problem, the
object of the research study, significance of the study, the scope of the study, limitation of the
study design and organization of the study under way. Our all sub part of chapter is important
completing the process based their procedure of their arrangement one after the other.

1.1 Back ground of the study

The united nations convention on the right of child (CRC)is the guide lines for the alternative
care of children have already been instrumental in promoting world wide legal and policy
changes in the best interest of child.for instances, African charter on the right and welfare of
child (ACRWC) also encourage the establishment of Alternative care system for children
deprived of their family environment. The law under article 25/3/of (ACRWC) explicitly stated
that considering Alternative family care protect due regars shall be paid to desirability of best
interest of child then also religions, or linguistics back ground "the idea of up bringing a child in
his and her ethnic religious and linguistics back ground provides a strong connection to the
concept of Adoption.The concept of Adoption is , how ever a continuous one that it renders
different meaning and conceptualization across time and displins. Ethiopian is also among
country in w/c adoption is recognized.b/se there are sizable number of children who are with out
family care owing to different Factor .As far as the history of the adopted children his concerned
there are laws and agreement made in different parts of the world to safeguard the portion of
population exposed to such risk. In a wider sense even in Ethiopia. Their a law that reference to
the affair of adopted child namely in the present Ethiopian constitution formulated in 1987
addressed the right f adopt children so as respect their right in terms of well growing which is
stated under article 36. In All action concerning children under taken by public and private
welfare institutions , court of law, administrative authority or legislative bodies, the primary
consideration shall be the best interests of the child.

The Adoptive child, the natural parents and the Adoptive parents, from best interest of child.
Our respect to the Adoptive child and Adoptive parents, the possibility close and permanent
family ties should be created/c all right and duties the Adopted children Natural parents should
be served.

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Anew Adopted family relationship can be created.one of the right to be considered is the right of
Intestate inheritance

Intestate succession, at common law was dependent up on the existence of a blood relation on
ship b/n the deceased and the party claiming the state. How ever with the advent of Adoption
status and the subsequent creation of family until across blood line, this basic common law has
requested adjustment and modification.

1.2 Statement of the problem

The reason why we chose this research proposal title is that life of adopted children in the area ,
know the provisions in the Ethiopian civil code and the revised family code of the FDRE W/c
talks about the Adoption and the consent of parents to the Adoption, the advantage of Adoption
for the Adopted child, condition for the Approval of Adoption by the court in the best interest of
the child,etc,are supportable.the State of Ethiopian adopted a new constitution in December
1995,w/c improved in many ways the legal protection of children. Under article 36, the right of
children, and was drafted taking the provisions of the CRC into account. The constitution can not
able to answer questions such as"what types of right, should the adopted child have ? It's a right
of child to know his/her own parentage.the FDRE constitution is not the exception that recognize
the right of child.

The current constitution that mean ;FDRE constitution guarants to childs to identity on it is
article 36 (1)(C) but there is no legal ground to certify weather the above provisions of FDRE
constitution include adopted child or not.also in the current practice, every child less than 18th
month (irrespective or legismate or Adopted child (can arrest with in their parents by virtue
criminal punishment of their parents here, the innocent child would arrested with their guilty
parent or adopters in the absence of other Extra care for them.the other point is that the case of
conflict b/n customary laws of Adoption and modern laws of Adoption .In the current practice
Ethiopian court favored modern laws irrespective of the fate of the child. Even it danger's the
Adopted child non modern laws based adoption, is going to in validated by the court. " HERE
THECONCEPTBEST INTEREST Of CHILD" Additionally ,it is the right of the Man transfer
his property to his successor after his ________our interview with judge,Meseret Alemayew
judge of civil court in bitta woreda court July 20,2024,at 3:40 am local time bitta Genet city.we
next interview with judge Gizachew Gichilo judge civil court in bitta woreda court, August

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1,2024 at 3:00am local time in bitta Genet.we know next As judge Gizachew Gichilo told
know"say that, ones the child arrested with in their parents or adopters still accoplishment of the
punishment. death through succession.

After the process of liquidation the property of the deceased goes to the heirs of the deceased.
But the heirs of deceased adopted child are limited to his descendants. The adopters has no legal
ground to inherit the adopted child. Also once they gives their child to adoption, original family
of the adopted child has no ground to inherit the adopted child. Here so, where the property of
the child goes if the child has no descendants?

In nutshell, in Ethiopia there is no specific legislation that addresses adoption in complete and
holistic manner, and which addresses the interests of the adopted child. There are legislations in
the constitution, federal revised family code, in the civil code, in the S.N.N.P R, family code and
in the others legislations of the federal and regional government. These legislations merely
provide for adoption but it do not address any concerns or specifically the right of adopted
children to education, food, shuttering from harmful traditional practices. Additionally, there is a
lack of rights of adopted children to know the identity of their biological parents, nor do they lay
down any guidelines about the process of adoption.

1.3. The Basic Research Questions

This research attempts to address the following basic research questions.

• Can the implementation of the rights of adopted child in the Sinana Woreda go in
line with the CRC?

• What is the role of government, original parent and adoptive parents towards
implementation of the right of adopted child?

• Do Adopted Children have the Right to know their Parentage?

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 • What is the status of customary childcare practices (Guddifachaa) in the modern
adoption policies and practices in the study area?

1.4. Objectives of the Study

1.4.1. General Objectives

The overall objective of the study is the implementation of the rights of adopted children in bitta
Woreda Court.

1.4.2. Specific Objectives

• To identify the Challenger that the adopted children faced in the community and the way
of implementation of their right.

• To identify the implementation of the right of adopted child in with international and
regional legal instruments such as UDHR, CRC, ICCPR, African Charter on the Rights
and mainly for the child and domestic legal instruments such as Constitution, Civil code,
and Revised family code.

• To explore and examine the existing policy practices and its implementation by child care
institutions or inter-country and domestic adoption in Sinana Woreda Court.

1.5. Significances of the Study

The study will have both academic and applied significances. Academically, this study is
believed to contribute positively to the knowledge in the study of childcare practices in Ethiopia
by comparing and contrasting the two kinds of adoption; inter country and domestic. It is
believed to provide a brief and reliable account on the policy and practice of both adoption types.
It is also believed to serve as a useful for those individuals interested to carry out in-depth studies
on a similar topics.

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In the applied sphere, it can also help governmental and non-governmental organizations which
are working on orphaned and vulnerable children, the policy makers, the administrative bodies,
women, children affairs departments, and other concerned bodies by providing useful
information and analysis. The study will contribute a useful source for other studies and writings
by being references for that matter.

1.6. Scope of the Study

The researcher will conduct on the implementation of the right of adopted children in bitta
Woreda and limited to the implementation of the right of adopted child in line with CRC, UDHR
and domestic law of the country.

1.7. Limitations of the Study

This research has several limitations. Due to its difficulty of listing all the limitations, we will
like to put the most glaring and the most crucial limitation. It is lack of necessary data on
internationally adopted children. The second limitation is time. As We all know, time in the fifth
year is expensive than a gold. The other limitation is lack of internet service. Also the lack
experience to the research is other limitation. So this event makes the study new for us.

1.8. METODOLOGY
1.8.1. Research Design and approach
The study was used descriptive research method, because this type of research use to describe the
status of a given phenomenon, describe what explanation in a clear way and how often it occurs.
Generally descriptive research design use study to get a sense of good description. Also, the
approach adopted to undertake this research is qualitative research approach. The reason behind
using this approach is for it enables to explore attitudes and experiences.

1.8.2. Study Participants

The participants under this study have be responsible body of government official bitta Woreda
elders, judges, human right affair and child and women right bureau.

1.8.3. Source of Data

The researchers would employee 32% primary and the rest more 68% secondary source of data.
The researcher would made interview with purposively selected officials of the child and women

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right bureau. The secondary data collect from books, a kebele offices report, court dead files and
etc. The researcher relies on the relevant and available international human right instruments,
CRC conventions, The 1960 Ethiopian Civil Code, Revised Family Code of federal government,
S.N.N,P,R Regional Family Code and FDRE Constitution.

1.9. Organization of the Research

This paper is organized in four chapters. The first chapter deal with introductory, the second
chapter presents the literature review. Chapter three presents Implementation of the Rights of
Adopted Children in kaffa Zone; Particularly in Bitta Woreda. And the last chapter covers
conclusion and recommendation based on study's objectives and basic research questions.

CHAPTER TWO

2. LITERATURE REVIEW
This section provides relevant review of literature from secondary data sources. In so doing,
the researcher have surveyed different documents that are capable of informing about the overall
issues of the topic as well as other supplementary issues that enrich our understanding of the
subject matter. Thus, based on the research objectives and the research questions, we have
identified various sub topics, that provides relevant information about the study.

2.1 The Trends of Childcare in Africa

Many Anthropologists study the life of aboriginal African families. Among these are Korbin
(1981), Kilbride and Kilbride (1990), and LeVine (1994) studied the pattern of childcare
and the effects of contemporary socio-economic developments on indigenous family support
system in sub-Saharan Africa. They have also discussed that Western legal systems and concept
of human rights was also introduced after colonization and independence of most of the African
countries, which function along with customary law and cultural tradition across the continent.
Stuckenbruck adds, since most of the Sub-Saharan African countries are characterized as
agrarian society, children‘s have played a great role in continuation of the lineage, inheritance of

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land, reproduction, and labor for the family‘s livelihood. Hence, children have played important
role in social reproduction of a given society; there is a variety of childcare systems in African
societies. Families who were unable to bear their own child often adopt or foster their relative‘s
child with motives of harmony and accountability towards the clan, thus the family escape the
natural shame of infertility.

This illustrates that family ties and kinship structures are still central in African societies and
children belonging to a certain community who cannot be raised by their own parents will most
likely be raised within their clan. Kilbride and Kilbride confirm that, community, family, clan,
lineage, or ethnic group has priority over the individual. This is to mean that; parent has children
for their social group. As a result, children are raised as social persons, who will be properly
oriented to the group, its ancestors, and the needs of their own parents.

Similarly, in Ethiopia, traditionally there were different forms of alternative care for orphans and
abandoned children. Through such mechanisms, children were adopted by people who had no
children of their own, by those who wanted to help destitute families, or by those who wanted
to strengthen their relation with other unrelated families. Generally, the act was sacred, and
the adopters considered the adopted child as their own offspring. However, in the recent
years we have seen significant efforts by the international child protection community to
formalize and develop standards and guidelines to promote family-based alternative care for
children deprived of their family environment.

2.2. Legal Framework/ Policy Instruments

There are international instruments regarding international adoption. The main international
instruments that regulate international adoption are three which are the CRC, ACRWC, and
The Hague Convention (1993) on the protection of children and cooperation in respect of
international adoption.

There are three instruments that cover the issue of adoptability, suitability of international
adoption, adoption fraud, improper financial gains and the like. These instruments also
enforce the importance of putting the best interest of the child as the major factor in the
process of adoption. Even if the 1993 Hague Convention is the treaty most directly

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applicable to international adoption it has been given a segment on the CRC and is not
ratified by all that are practicing international adoption which includes Ethiopia.

According to the ACPF (African Child Policy Forum), receiving countries have been given a
duty of sending a follow-up report of the adoptee, to the sending countries. However, the
reports with the purpose of showing if the child is protected can only serve during the
early stage of the adoption, therefore it is crucial for the receiving countries to take in
charge of the protection of the child that is adopted.

2.3. ALTERNATIVE CHILD CARE SERVICES

Different literature provides diverging definition for alternative childcare. Hence, according to
CRC, alternative care accords children who are deprived of their family environment, or whose
own best interests prohibit being allowed to remain with their family, the right to alternative
care. Further, alternative childcare services are services that are set by government in order to
address orphan and vulnerable children in the society. Thus, the purpose of alternative care is
to protect and nurture children by providing a safe, healthy environment with positive support,
with the aim of reunifying the child with his/her family or permanent placement depending on
his/her situation and best interests. There are different alternative care services for orphaned and
vulnerable children which I shall discuss each as follows:

2.3.1. Family Preservation

It is a universal truth that family preservation is the first option that is put for birth and extended
families including practitioners that are dealing with a situation where children are faced with
problems. The Child CRC requires government and development agents to also have a
responsibility of developing, adopting and implementing comprehensive national polices on
families and children that can strengthen the family environment whereby family is persevered.
However, when this is found impossible which leads for a child be deprived of a family
environment temporarily or permanently measures need to be taken in order to keep the best
interest of the child.

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2.3.2 Family reunification/reintegration
Family reunification/ reintegration is a process of reuniting family’s that are separated due to
various reasons. Based on the report ACPF the CRC and ACRWC puts family
reunification/reintegration as an obligation in order to secure the best interest of the child.

2.3.3. Domestic Adoption (DA)

Domestic Adoption is considered the best alternative care than fostering, and institutional care
since a child is placed in a family environment in the country of origin. It is considered
successful for countries that have a well-established system of domestic adoption.

2.3.4. Forster Care / Kinship Care

Foster care is where children are placed in a foster family which is advantageous than
institutional care because, a child stays in a family environment rather than in an institution,
where there are family figures where he/she can associate with. Foster parents are usually
trained on how to take care of children in this kind of situation and on how to correspond
and be models for birth families according to ACPF. With foster care if biological parents exists
a contact can be maintained between the foster parents and the biological parents. Foster
parenting is considered to be well coordinated system with an ultimate goal of insuring the
best interest of the child. Kinship care which is considered as fostering is usually done
with a relative that are fully engaged with the life of the child. These relatives can be identified
as the members of the tribe or clan of the child, godparents, stepparents, or any adult with
a kinship bond with the child.

2.3.5. Institutional Care

According to ACPF small residential facilities that are located within the community can serve
the purpose of insuring the best interest of a child if an institutional setting is the only alternative
left to be taken in the situation.

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2.4. Adoption as Alternative Care for Orphaned and Vulnerable Children
In the past, adoption was regarded as the means for preserving family lineage, enabling the
continuation of ancestor worship, creating political alliances, and ensuring care for the adoptive
parents in their old age.

However, as the purpose of adoption changed through time, the norms regulating adoption have
also shifted over time. In many early laws, for instance, person with children of their own,
individuals of reproductive age and women were not allowed to adopt. Unlike in the past,
when adoption was regarded as the means of preserving family lineage and ensuring care
for the adoptive parents in their old age, today adoption is undertaken mainly to provide a
home for children deprived of parental care and to satisfy the needs of individual or couples
to care for a child. Further, ancient laws often did not permit the adoption of minors, clear
evidence that the welfare and best interest of children were not the paramount consideration in
the decisions related to adoption. Nevertheless, ancient legislation is the source of many of the
key features of modern adoption laws, including the acquisition by the adopted person of the
name of the adoptive parents, the right to inheritance from the adoptive family and the
termination of the adoptive parents ‘guardianship rights.

2.5. Adoption in Ethiopia

Ethiopia has long history of culturally caring for children in the community. According to
ISS/IRC (2006), traditionally different forms of alternative care existed in the country for
orphans and abandoned children. Customary ‘adoption’ practice which has the central socio
cultural welfare among Oromo people can be taken as indigenous child problem intervention.
However, Ethiopia is currently practicing two types of adoptions; inter-country and domestic
adoption. In section to follow, I will try to discuss the practices of each type of adoptions one
after the other.

2.5.1. Ethiopian Adoption Profile

Government Policies
Domestic adoption................................................................................... Yes
Intercounty adoption................................................................................Yes
Single male permitted to adopt........................................................................... Yes
Single Type of adoption permitted
female permitted to adopt.........................................................................Yes
Age requirements for adopting parents.................................................. Aged 25 years or older

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 Child's age of consent for adoption................................................................ __lessan 18
years__
Year of ratification of legal instruments on child adoption
Convention on the rights of the child...................................................1991
Hague convention on Intercounty adoption...................................... Not ratified
National legislation governing adoption............................................ Civil code; Family code
Government responsible for adoption approval.......................... Judiciary; Ministry of Labor
and Social Affairs
Adoption Indicators Year Number Percent-age
Total children adopted 2002 – 100
Of which 2003
Domestic Adoption 7
Inter county Adoption 2002 - 93
Of which 2003
Adoption by step-parents or other relatives 2002 - -
Adoptions per 100,000 births 2003
Adoptions per 100,000 children under age 18
Adoptions per 100,000 children under age 5 -
2002 -
2003
2002 -
2003
2002 -
2003
Demographic Indicators Year Value
Female singulate mean age at marriage ( years ) 2000 20.5
Mean age at first birth ( years ) 2000 20.1
Total fertility ( children per woman ) 2000 - 2005 5.9
Percentage of childness women, aged 40 - 44 2000 4.1
Divorce rate ( per woman ) ---- ----
Table 1: Ethiopian Adoption Profile.

2.5.2. Customary Laws Vs. Modern Laws

The national adoption is a adoption practice within the place of birth for children within either
their community or other communities in the country. The national adoption practice is divided
into two places as the customary laws and the modern law of Ethiopia. The customary law of
adoption is referred to as cultural adoption, which has the rules and ritualistic procedures and not
written in the law. The modern law of adoption bases itself on written documents with rules,

xviii
procedures, proclamations of government, and the policies designed for the welfare of children
in Ethiopia.

Adoption of a child in the kaffa society and under federal adoption law has both similarities and
differences in practices and procedures. In the FDRE family law of proclamations of July 2005,
states various possibilities and impossibilities in adopting a child in Ethiopia (proclamation no
213/2005). Moreover, the S.N.N.P.R regional national state has incorporated adoption
proclamation in the formulation of (S.N.N.P.R family law)” in articles 197-213 in
accordance with the country’s civil code. Both laws has common goals. They are to develop
good performance of adoption by focusing on the best interests of the child.

However, the customary practice of adoption has its unique characters of exercise in the
society understudy where both laws are compulsory to each other.

2.5.2.1. Merit and Demerits of Customary Laws of Adoption

As elders of the study areas told me, most cultural laws of the area are connected with religious.
Inhabitants of the study area gives priority area for their religion. Here, in both religious books
the Holly Bible and the Quran; it is a duty of a man to treat one who seeks his assistance. What
man does below the sun during his lifetime is recorded and his treatment before his God / Allah
is according to that records. So the son of man runs to put good records during his lifetime.
Treating a child in good manners is one of good work which is expected from a man.

Therefore, since the customary ways of treating a child is connected with religious obligations of
the societies, implementation the rights of adopted child can never ever fall under the question.
In such way the rights of adopted children is going to be implemented without the court
intervention. However, the customary laws may suffer pain of enforcement. There is no
recognized structures of enforcement organs of government among customary laws. This is
because the participants of customary laws are bound only by their consciences. There is no
written document which coercive them to do or not to do or to be or not to be. Therefore,
enforcement of what is unwritten is difficult and has no legal ground.

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2.5.2.2. Merit and Demerit of Modern Laws of Adoption
Unlike customary laws, the modern laws are written laws. Written laws are easy to understand
what they are and also easy to implement them. But sometimes, the court fail to recognize the the
adoption which was already made between the adopter and adopted child for the sake of modern
laws. In such case the fate of adopted child may fall under the question since the adoption are
dissolved by the court.

2.6. Legal Frameworks of Adoption in Ethiopia

Now, let us briefly discuss the policies that give legal frame works to adoption in Ethiopia. These
legal frameworks to adoption in Ethiopia are broadly categorized into inter-national and national
guidelines.

2.6.1. International legal and policy frame works

Different factors have contributed to the development of a policy environment in Ethiopia
that is favorable to international child adoption. The increase of HIV/AIDS cases in Ethiopia
has caused thousands more to be abandoned or orphaned due to the death of one or both parents.

In this regard, Ethiopia has undertaken some important steps towards ratification of some
international instruments relevant to children. Among international conventions, the country has
ratified the CRC in the year 1991 and the African Charter on the Rights and Welfare of the
Child. The country is also a signatory to the African Union Social Policy Framework which has
informed the development of a draft National Social Protection Policy, which is currently
approved by the Council of Ministers. The new Social Protection Policy reflects a major
transformation in the way the society of the country cares for its most vulnerable, including
children. The policy‘s aim is to protect and care for those that lack the capacity to protect
their rights before the law, specifically children, women, the elderly, and the disabled.

In an effort to protect and promote the rights of children with disabilities, Ethiopia ratified the
Convention on the Rights of Persons with Disabilities (CRPD). Moreover, Ethiopia signed the
Optional Protocol on the Involvement of Children in Armed Conflict on 28 September 2010.
In similar way, Several Articles of the CRC relate to the importance of the family
environment and the child‘s right to alternative care if he or she is ever, for whatever

xx
reason, deprived of this environment, of which I mainly focus on the two articles
(Article 20 and 21) with regard to my topic. Here, Article 20 of the CRC reads:

A child temporarily or permanently deprived of his or her family environment, or in

whose own best interests cannot be allowed to remain in that environment, shall be
entitled to special protection and assistance provided by the State. States Parties shall that
alternative care for such a child in accordance with their national laws. Such care could
include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary
placement in suitable institutions for the care of children. When considering solutions, due
regard shall be paid to the desirability of continuity in a child's upbringing and to the
child's ethnic, religious, cultural, and linguistic background

Another feature of Article 20 is that it includes adoption among the alternative care options
to be made available to children deprived of their family environment. This distinct feature
of adoption was what led to it being devoted its own Article in the CRC, Article 21 (a)
and (b) states that: "State Parties that recognize and/or permit the system of adoption shall
ensure the best interests of the child shall be the paramount consideration and they shall" :

• Ensure that the adoption of a child is authorized only by competent authorities who
determine, in accordance with applicable law and procedures and on the basis of all
pertinent and reliable information, that the adoption is permissible in view of the
child‘s status concerning parents, relatives, and legal guardians and that, if
required, the persons concerned have given their informed consent to the adoption
on the basis of such counseling as may be necessary;

• Recognize that inter-country adoption may be considered as an alternative means

of care, if the child cannot be placed in a foster or adoptive family or cannot in
any suitable manner be cared for in the child‘s country of origin.

The other is the African Charter on the Rights and Welfare of the Child, which was adopted by
the Organization of African Unity (now African Union, or AU) in 1990, but entered into
force only in 1999. It has been signed and ratified by African nations of which Ethiopia
signed and ratified in 2002. The Charter also recognizes that children separated by internal
and external displacements need to be supported with alternative care options like family tracing

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and reunification. All these characteristics of the Charter indicate that with regard to alternative
care, the African instrument also provides protection for children who have the benefit of
living in countries that have ratified both the CRC and the ACRWC.

Another important point worth, while observing is Article 24 of the Charter, which is
entitled with Adoption and is very similar to CRC Article 21 and ACRWC Article 24
(a) and (b): states that: State Parties, which recognize the system of adoption, shall
ensure that the best interests of the child shall be the paramount consideration and they
shall:

• Establish competent authorities to determine matters of adoption and ensure that

the adoption is carried out in conformity with applicable laws and procedures and
on the basis of all relevant and reliable information, that the adoption is permissible in
view of the child's status concerning parents, relatives and guardians and that, if
necessary, the appropriate persons concerned have given their informed consent to
the adoption on the basis of appropriate counseling;

• Recognize that inter-country adoption in those States who have ratified or adhered
to the international Convention on the Rights of the Child or this Charter, may, as
the last resort, be considered as an alternative means of a child's care, if the child
cannot be placed in a foster or an adoptive family or cannot in any suitable
manner be cared for in the child's country of origin.

This clearly indicates that, African Charter on Right and Welfare of Children and UNCRC
give due consideration to place orphan and vulnerable in alternative cares, like adoption and
this helps Ethiopia, as signatory state develop her own guiding principles on alternative
childcare, specially of adoption which is in order.

2.6.2. National guiding principles for child care in Ethiopia

It can be argued that the FDRE Constitution accords a pride of place to human rights.
All the human rights provisions are equally applicable to children. In a way that resonates
well with the OVC, the Constitution in sub article five states, ‘’The State shall accord
special protection to orphans and shall encourage the establishment of institutions, which

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ensure and promote their adoption and advance their welfare, and education. Apparently,
under the Constitution, orphan children have been given special emphasis. The
government has the constitutional responsibility of encouraging the establishment of
institutions that cater to the rights of children and adoption facilities for those children
who lost one or both of their parents. Concordantly, chapter ten, articles (180-196) of the
federal revised family code; deals with adoption in general. Article 191 of the revised
family code also highlights the lines of family relationship that are responsible to provide
care and support to children who have lost their parents. Where the parents of the child
are not in a position to take care of their children, the responsibility to take care of an
orphan befalls the grandparents. Where a child is left without any relative that could be
guardians, the government, or private orphanages can give the child to adopters.

CHAPTER THREE
THE IMPLEMENTATION OF RIGHTS OF ADOPTED CHILD IN KAFFA ZONE:
PARTICULARLY IN BITTA WOREDA.

In this chapter discussion will be made referring to the literatures reviewed and some
new concepts that have emerged which are not indicated in the literature review and the
findings of the study. The researcher looked at the Implementation of the Rights of Adopted
Children in Bitta Woreda.

The Right to Know Own Parentage

Children who seek information of the identity of their biological parents, articulate this need as a
right to know their origins. The right to know one’s origins means the right to know one’s
parentage, i.e. one’s biological family and ascendance and one’s conditions of birth.
Internationally, this right is widely perceived as the Right to Know – and is considered
as an integral part of one’s Right to Life and Right to Privacy. It protects each
individual’s interest to identify where she came from. The right to know one’s identity
has also been guaranteed in the 1989 Convention on the Rights of the Child, the 1993
Convention on the Protection of Children and Cooperation in respect of Inter-country
Adoption and recent case law of the European Court of Human Rights.

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In Ethiopia, there is no legislation that addresses adoption in a complete and holistic
manner, and which addresses the interests of the adopted child. There are legislations that
merely provide for adoption but these legislations do not address any concerns or the
rights of adopted children to know the identity of their biological parents, nor do they
lay down any guidelines about the process of adoption.

3.2. Child Rights Protection in Ethiopia

3.2.1. Legislative protection
Ethiopian constitution Article 55 (1) states that the House of Peoples’ Representatives have
the power of legislation with the main task of making laws. Thus, after the executive
signed (concluded) the CRC in 1991 the legislature in Ethiopia has been enacting
subsequent legislations that protect the rights of children (has been taking measures in
order to implement the CRC and protect the rights of children in the domestic legal
order). Accordingly, since 1995 the legislature has given Constitutional protection to the
rights of children under Article 25, 36(2), 14 & 29.

In line with the four core principles of the Convention, namely the principle of the non-
discrimination, the best interest of child, the right to life, survival and development and
also the right to participation that are stated under Article 2, 3, 6, & 12 of the Convention
respectively. Beside, as stated under Article 13 since the fundamental rights and freedoms
in the Constitution are interpreted in light of the ratified international instruments, the
researcher would like argue that, it is more fruitful if the Constitution can give recognition to
the prevalence of the Convention when there is conflict with domestic legislation.

In order to enhance the implementation of the CRC in the domestic legal order the
legislature has also revised other prominent legislations that deal with the rights of
children in conformity with the provisions of the Convention and enacted these
legislations namely, the Family law of 2000, Labor proclamation of 2003 and Criminal
code of 2004. For instance, unlike the old family law (Civil code of 1960) where the
marriageable age of a girl’s was fifteen but that of boy’s was eighteen, in conformity
with the CRC the Revised Family Code has made the marriageable age of both boy’s
and girl’s eighteen. Another important development in the revised family code is
determination of paternity for children born out of wedlock. In the old family law the

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grounds for determination of paternity are very limited and a number of children born
out of wed lock left without father where as in the revised family code the grounds for
determination of paternity became wider and for the determination of paternity marriage
is not necessarily required.

Similarly the 2004 criminal Code added different provisions in conformity with the
provisions of CRC i.e. it adds one full chapter in order to criminalize harmful traditional
practices.

The legislature continuation of the revision of laws as well as the legislative enactment
of Proclamation 545/2005 has improved the implementation of the Convention. However,
the researcher like to argue that, though the legislature enactment of proclamation 545 has
enhanced the implementation of some provisions of the CRC to somehow, in order to
facilitate the implementation of the whole provisions of the convention to the grass root
level, especially to the lower tier of judiciary the legislature should enact domestic
legislation or proclamation that entail the mechanism, procedures and remedies while
implementing the Convention.

3.2.2. Executive protection

As per proclamation No.691/2010 in Ethiopia the main executive body that is mandated
with child rights in general as well as the implementation of the CRC in particular is
MOWCYA (Proclamation No.691/2010, Article: 9(20) & 32). Accordingly, Ministry is
working in order to protect the rights of children independently and also in cooperation
with other state and non-state actors.

In practice the implementation of the CRC and the subsequent laws in order to protect
child rights is progressive (promising) for those officials who are responsible for the
implementation of laws like policies, public prosecutors and judges are getting appropriate
training that broadly incorporated the text of the CRC by the Ministry as well as other
state actors.

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3.2.3. Judicial protection
A state may witness progress in terms of concluding (signing) international human rights
standards like CRC and also adopting these provisions in national legislations in order to
protect the rights of children. However, what matters most is the effective
implementation of these standards in domestic courts. Thus, since the judiciary is also
one branch of state that ensures protection for the rights of children as guaranteed by the
CRC, it is supposed to be effective while implementing CRC for it enables children to
enjoy their rights as they are entitled by the Convention. Accordingly, in practice in
Ethiopia the judiciary i.e. higher tires of the judiciary have started to implement the
CRC.

3.3. The Revised Family Law and Adoption in Ethiopia

In 2000 the government of Ethiopia revised the family law in order to make it more
gender sensitive in nature, using some vital documents as a referral, such as the Kibre
Negest which contains a lot of statements which treated men and women in a different
and unjust way and the 1960 civil code that was gender neutral. Therefore, the
proclamation was revised and made available for public use on July 4, 2000. One of the
issues raised in the proclamation is the issue of adoption, which entails detailed procedures
that are applicable both for international and domestic adoption. On the proclamation
chapter ten the revised family law has stipulated different issues that are correlated with
the subject of adoption which are: how the case of adoption should be handled, parental
consent, roles and obligation of government and private orphanages, adoption by foreigners,
irrevocability of adoption and petition for revoking the adoption.

In its Article 180 the proclamation puts that adoption can be created with an agreement
that is made between a person and a child, furthermore it states that an adopted child shall
for all purposes be considered to be the child of the adopter in its Article 182, as a
saving clauses the article states that adoption cannot happen if the ascendant or collaterals
of the adopter expressly opposed the adoption and in addition has to be registered in a
court registry within one year from the approval of the agreement of adoption by court. In
regards to the relationship of the adopted child with the family of origin article 183 states
that 1) the adopted child shall retain his bonds with the family of origin. 2) The same shall

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apply to the spouse and the descendants of the adopted child.3) wherever a choice has to
be made between the family of adoption and the family of origin, the family of adoption
shall prevail. It is also stated in the proclamation that a child merely conceived may be
adopted on the Article 187 of the proclamation (The revised family proclamation
no.213/2000).

Article 191 of the proclamation state that the condition for parental consent in adoption of a
child which is pointed out as follows:

• Both the father and the mother of the adopted child must give their consent to the
adoption where they are alive and known.

• Where one of them is dead, absent, unknown or incapable to manifest his will,
the other parent shall give his consent.

• Notwithstanding the provisions of Sub-Art. (1) Of this Article, where one of the
parents is not willing to give his consent and the child is ten and above years of
age, the court may approve the adoption upon hearing the opinion of the other
parent and of the child.

• Where the child has no ascendant capable of giving his consent, the court may
approve the adoption agreement taking into account the interest of the child.

On Article 192 of the proclamation it is stated about the obligation of government and
private orphanages which makes them eligible to give any child under their custody to the
adopter. However, before giving the child for the adoption they are obligated to provide
adequate information to the government authorized body describing how the orphanage
received the child and about the personal, social and economical condition of the adaptor.

Regarding foreigner adaptor on Article 193 it is stated that the court will approve adoption
if an authorized body which is the Women and Youth ministry that collects and analyzes
the vital information about the personal social and economic condition of the adaptor and
forward its opinion in showing agreement that the adoption is beneficial to the child.
However, if the court assumes the agreement is not beneficial to the child the court can
dissolve the agreement according to the proclamation. To this effect, if the court finds the

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information collected by the authorized personal insufficient it may order for further
investigations.

The proclamation clearly states on its article 194 that without the approval of the court no
adoption can occur. In doing so the court is responsible to verify if the adoption
agreement is to the best interest of the child. In addition, the court is required to consider
issues such as: the opinion of the child guardian or tutor, capacity of the adopter, when
the adopter is a foreigner the absence of access to raise the child in Ethiopia and the
availability of information which shows the court that the adopter will handle the child as
one of his/her own and the child will not be abused.

On Article 194 and 196 the proclamation states the irrevocability of adoption and how
petition for revoking the adoption is handled. As stated on the article 194.1 of this
proclamation, adoption can only be revoked if the adopter doesn’t consider the adopted
child as of his/her own rather treat the child as a slave, or similar ways, or make the
child engage in immoral acts for the adopters own interest or handles the child in any
other manner that is damaging the future of the child. The proclamation further states on
article 196, that the court is responsible to examine the ground for petition before
warranting revocation.

3.4. National guiding principles for child care in Ethiopia

It can be argued that the FDRE Constitution accords a pride of place to human rights.
All the human rights provisions are equally applicable to children. Art 36 provides
special rights of children. In a way that resonates well with the OVC, the Constitution in
sub article five states, "The State shall accord special protection to orphans and shall
encourage the establishment of institutions, which ensure and promote their adoption and
advance their welfare, and education.’’ Apparently, under the Constitution, orphan children
have been given special emphasis. The government has the constitutional responsibility of
encouraging the establishment of institutions that cater to the rights of children and adoption
facilities for those children who lost one or both of their parents.

Concordantly, chapter ten, articles (180-196) of the federal revised family code; deals with
adoption in general. Article 191 of the revised family code also highlights the lines of family

xxviii
relationship that are responsible to provide care and support to children who have lost their
parents. Where the parents of the child are not in a position to take care of their children,
the responsibility to take care of an orphan befalls the grandparents. According to article
192 of the revised family code, where a child is left without any relative that could be
guardians, the government, or private orphanages can give the child to adopters. Under
this article sub, article 2, the orphanage is responsible in providing necessary information
to the concerned government office about the child, how the child admitted to the
orphanages, background of the child and socio-economic status of adoptive families.

3.5. The Major Actors in Adoption Practices in Ethiopian Context

There are major actors in adoption practices in Ethiopian context that play significant role in one
way or another. These include Ministry of Women, Children and Youth Affairs (MOWCYA),
Court, Childcare institutions, Child Right Committee, and Adoption Agency providers. Among
those I will only discuss the roles and responsibilities of courts.

3.5.1. The Court as Actor in Adoption

The court is prominent actor in issues related to adoption. Hence, kebele social court, woreda,
zonal and federal first instant court have vital role in the adoption process in Ethiopia. The first
three branches of courts facilitate domestic adoption, while the Federal Instant Court makes
decision on inter-country adoption. However, the absence of procedural rules for adoption within
the judiciary has been a challenge for many years. Judges usually appoint a guardian and request
a case report from the office of Women and Children Affairs. According to the Family Code of
Ethiopia, an agreement of adoption shall become effective only when approved by the court and
once a contract of adoption is signed it is irrevocable. It is stated that “Before approving the
agreement of adoption, the court shall decisively verify that the adoption is to the best interest of
the child.’’

3.6. Imposition from the Modern Law of Adoption

The modern legal system and the several actors in the modern childcare system in the country
create problem/challenges to the customary adoption as they miss the very rationale behind why
the people practice adoption. For them adoption is a mechanical legal system as they do not

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understand the social, kinship, and rituals involved in establishing bond between the child and
the adoptive family. Therefore, they consider modern legal based childcare institution as a
replacement for adoption. Thus, several actors created and struggle with a burden of dealing with
the legal procedure to recognize the adoption.

The restrictions that came from an imposition of the formal laws on present adoption practices in
the study area. Now, the imposition from the legal system is threefold: first, it disregards the
society‘s very aim of adoption only by putting best interest of the child. However, in kaffa
culture, the primary concern of adoption was the interests of the childless adoptive parents.
Second, the modern law is found to be a replacement for customary practice, without offering the
existing cultural options as other alternatives. Third, it adds a burden of facilitating the
legalization procedures.

Here, the current formal adoption practices fail to focus on the fate of the child and the future
problem expect the child. Once the child separated from the former adopter do to the pressure of
modern laws, where the child can able to go? What is the concept of best interest of the child in
the above case? These are other parts of the issues of the study.

CHAPTER FOUR

CONCLUSION AND RECOMMENDATON

4.1. CONCLUSION
Ethiopia is one among countries in which adoption is recognized. The current trends of Ethiopia
shows the existence of two types of adoption. These are domestic adoption and inter-country
adoption.

The country governs issue of adoption by several laws and regulations. Among those the 1960 of
Ethiopian Civil Code, the 1995 Constitution of Federal Democratic Republic of Ethiopia, the
Federal revised family code, SNNPR family code and the other family laws of regional states are
the leading one which governs the matters relating to adoption.

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Beside the modern laws of adoption there is customary laws of adoption. Sometimes the conflict
may occurs between these laws (modern and customary laws of adoption). In such situation the
practices of the study area shows prevalence of modern laws by disregarding the interests of the
child.

In the country of Ethiopia, still there is a lack of implementation of the rights of adopted children
due to absence of sufficient substantive laws which mention a lists of the rights given to adopted
child. Accordingly, the Current Ethiopian adopted child faces a various problem. Among those:-
Question of Identity,Questions of Succession ,Issue of ReligionQuestion of Language and
Nationality,The Right to transfer the property of deceased adopted child, Imprisonment of minor
innocent within their parents,Lack of legally recognized substantive laws,Pressure of modern
laws are the famous one.

4.2. RECOMMENDATION
• Ethiopia shall ratify Hague convention and other convention which focus on the right of
child in general and adopted child in particular.

• The FDRE constitution grants’ children rights. To this effect the legislature has to come
up with a legislation which expressly provide independent lists of rights of adopted child.

• By using its constitutionally guaranteed right, the HPR has to enact more civil laws
which may cover issue of adopted child.

• Laws of adoption has to be treated as independent laws. It needs one independent laws
rather falling under the matter of family.

• During conflict raised between customary laws of adoption and modern laws of adoption,
the law which allow the alternative has to exist by depending on the best interests of the
child.

• Ethiopian human right commission has to add issue the rights of adopted child on their
agenda.

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 • The religious leaders have to teach the society about the ways of equally treatment of all
child without distinction.

BIBLOGRAPHY
1. Benyam Mezmur. (2010) The sins of the “Saviours’”: Child Trafficking in the context of
Intercountry Adoption. Information Document No. 2 for the attention of the Special Commission
of June 2010 on the practical operation of the Hague Convention of 29 May 1993 on Protection
of Children and Co-operation in Respect of Intercountry Adoption, retrieved on 05/4/2012

2 .Federal Negarit Gazetta of the Federal Democratic Republic of Ethiopia: The Revised Family
Code, Proclamation of 2000. Federal Gazetta Extraordinary issue No. 1/2000 Addis Ababa

3. International Social Service (ISS) / International Reference Centre for the Rights of Children
Deprived of their Family (IRC). 2006. Ethiopia: ‗Protection of the Child Deprived of, or at Risk
of being Deprived of, the Family of Origin, Country Situation‘. Geneva, Switzerland.

4. United Nations Economic and Social Affairs (2009). Child Adoption: Trends and Policies.
New York: United Nations Publications.

5 .Universal Declaration of Human Right

6. Convention on the Right of Child

7.The 1960 Ethiopian Civil code

8. The Federal Revised Family Code of 2000

9. SNNPR Family Code

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10. The 1995 Constitution of Federal Democratic Republic of Ethiopia.

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