• Uganda Update

    Please see below the latest update from the State Department concerning the new regulations from Uganda (found here- http://www.mglsd.go.ug/laws/ The%20Children%20Amendment% 20Act%202016.pdf (start page 32) and here http://www.mglsd.go.ug/laws/children%20act%20Chapter_59.pdf (start page 22)

    These new regulations went into effect on June 2nd. The Laws were signed in May, but it had previously not been clear as to when it would go into effect, so some had hope that cases this summer would not be impacted. It seems now that this means any referrals made after June 2nd will need to abide by these new laws. IAN will keep its license in Uganda should a family want to adopt under these new regulations, however it seems that as things stand, it would be very difficult for any families living in the US to meet these standards. Here is a run down of the main things you need to know:

    ​A person who is not a citizen of Uganda may in exceptional

    circumstances adopt a Ugandan child, if he or she—

    (a) has stayed in Uganda for at least one

    (b) has fostered the child for at least one year under the

    supervision of a probation and social welfare officer;

    (c) does not have a criminal record;

    (d) has a recommendation concerning his or her suitability to adopt

    a child from his or her country’s probation and welfare office or

    other competent authority; and

    (e) has satisfied the court that his or her country of origin will

    respect and recognise the adoption order.

    45. Restrictions and conditions.

    (1) An adoption order may be granted to a sole applicant or jointly

    to spouses where—

    (a) the applicant or at least one of the joint applicants has attained

    the age of twenty-five years and is at least twenty-one years older

    than the child;

    (b) in the case of an application by one of the spouses, the other has

    consented to the adoption.

    (2) The court may dispense with the consent required under

    subsection (1)(b) if the spouse whose consent is required cannot be found or

    is incapable of giving consent, or the spouses are separated and living apart

    and the separation is likely to be permanent.

    (3) An adoption order shall not be made in favour of a sole male

    applicant in respect of a female child, or in favour of a sole female applicant

    in respect of a male child, unless the court is satisfied that there are special

    circumstances that justify, as an exceptional measure, the making of an

    adoption order.

    (4) The application shall not be considered unless the applicant has

    fostered the child for a period of not less than thirty-six months under the

    supervision of a probation and social welfare officer.

    (5) The probation and social welfare officer shall be required to

    submit a report to assist the court in considering the application; and the

    court may, in addition, require some other person or the local authority to

    make a report in respect of the adoption application.

    (6) Except where the application is by spouses jointly, an adoption

    order shall not be made authorising more than one person to adopt a child at

    the same time.

    The main thing is that these requirements used to be able to be waived by going through guardianship decrees and then finalizing the adoption in the US. However guardianship is no longer an option if you are not a Ugandan citizen under the new amendments, so these residency rules now apply to all international cases. Obviously we understand that most families can not move to Uganda for an extended time. The state department is updating its Uganda adoption information page, and as soon as we have any more information about how this is playing out, we will be sure to let you know.

    ———- Forwarded message ———-
    From: Adoption < Adoption@state.gov >
    Date: Thu, Jul 7, 2016 at 7:48 AM
    Subject: Notice: Uganda Announces Effective Date of June 2 for Amendments to the Children Act
    To:

    Adoption Notice: Uganda

    July 6, 2016

    Notice: Uganda Announces Effective Date of June 2 for Amendments to the Children Act

    As reported in the Department of State’s June 2 Adoption Alert , on May 20, 2016, the Ugandan president signed into law amendments to the Children Act. The full text of the amendments can be found on the Ministry of Gender, Labour, and Social Development’s website . Ugandan officials have informed us that these amendments went into effect on June 2.

    If you have questions about your guardianship or adoption case, please write to adoption@state.gov . We also encourage you to work closely with your adoption service provider.