The Revised Family Code-CHAPTER TEN ADOPTION

 CHAPTER TEN ADOPTION

Article 180. - Adoptive Filiation. (1) Principle

Adoptive filiation may be created by an agreement between a person and a child.

 

Article 181. -  (2) Effects.

 

    Without prejudice to the provisos of Article 182, an adopted child shall, for all purpose, be deemed to be the child of the adopter.

 

Article 182. - (3) Saving Clauses

 

1)    Adoption shall be of no effects with regard to the ascendants or collaterals of the adopter who have expressly   opposed the adoption.

2)    T he opposition referred to in Sub—Art.(1) of this Article shall be of no effect unless it is registered in a court registry within one year from the approval of the agreement of adoption by the court.

 

Article 183. - Relationship of the Adopted Child with the Family of Origin.

 

(1)    The adopted child shall retain his bonds with the family of origin.

(2)    The same shall 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.

 

Article 184. -  Age of Adopter.

 

(1)    Any person whose age is not less than twenty-five years may adopt.

(2)    Where an adoption is made by two spouses, it is sufficient that one of them be of the full age of twenty-five years.

 

Article 185. -  Age of Adopted Child.

 

Any person who is less than eighteen years of age and under guardianship may be adopted.

 

Article 186.  -  Adoption by Married Person.

 

1)    Where the adopter is married, an agreement of adoption may not be made unless the two spouses conjointly adopt the child.

2)    The provisions of Sub-Art (1) of this Article shall not apply where a person adopts the child of his or her spouse.

3)    Nor shall it apply where one of the spouses is not in a position to manifest his will.

 

Article 187. - Adoption of Child merely Conceived.

 

(1)    A child merely conceived may be adopted.

(2)    Notwithstanding the provisions of Sub-Art.(1) of this Article,  the adoption agreement may be revoked unilaterally at the will of the mother within six month following the birth of the child.

 

Article 188. - Children of adopter.

 

1)    The existence of children of the adopter shall not, constitute an obstacle to adoption .

2)    Notwithstanding the provisions of Sub-Art. (1) of this Article, the court, before approving the adoption, shall take into consideration the effects of the existence children  of the adopter on the well being and interest of the adopted child.

 

Article 189. - Impossibility of Adoption by Several Persons.

 

(1)    No child may be adopted by several persons unless these are two spouses.

(2)    However in the case of death of the adopter, a new adoption is possible .

(3)    Where a child has been adopted by two spouses and one of such spouses dies. The child may be adopted by the new spouse of the survivor.

 

Article 190-Parties to the Agreement.

 

The agreement of adoption shall be made between the adopter and the guardian of the adopted child.

 

Article 191- Consent of Parents of the Adopted Child.

 

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

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

(3)    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.

(4)    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.

 

Article 192. - Government or private Orphanages.

 

(1)    Government or private orphanages may give any child under their custody to adopter.

(2)    The above mentioned orphanages shall, before giving the child for adoption, provide sufficient information to the government organ having  authority to follow up the well being of children as to the identity of the child, how the orphanage received him, and about the personal, social and economic position of the adopter.

 

Article 193- Where the Adopter is a Foreigner

 

(1)    Where the adopter is a foreigner, the court  may not approve the adoption unless an authority empowered to follow the well being of children, after collecting and analyzing relevant information about the personal, social and economic position of the adopter, gives its opinion that the agreement is beneficial to the child.

(2)    Notwithstanding the provisions of Sub-Art. (1) of this Article, where the court  thinks that the agreement is not beneficial to the child, it may disregard the opinion of the authority and reject the agreement.

(3)    Where the court finds that the information provided by the concerned authority is insufficient, it may order the authority to conduct further investigation and submit additional information. It may also order other individuals or organizations to provide any relevant information on their possession or to give testimony.

 

Article 194. - Power of the Court.

 

(1)    An agreement of adoption shall be of no effect unless it is approved by the court.

(2)    Before approving the agreement of adoption, the court  shall decisively verify that the adoption is to the best interest of the child.

(3)    Without prejudice to the provisions of Articles 192,193 and Sub-Art. (2) of this Article, the court, before approving the agreement of adoption, shall take the following into consideration:

(a)    The opinion of the child about the adoption,

(b)    The opinion of the guardian or tutor of the child if he has not previously given his consent:

(c)    The capability of the adopter to raise and take care of the child:

(d)    Where the  adopter is a foreigner, the absence of access  to raise the child in Ethiopia;

(e)    The availability of information which will enable the court to know that the adopter will handle the adopted child as his own child and will not abuse him.

(4)    The court shall take special care in investigating the conditions provide in Sub-Art. (3) (e) of this Article, where the adopter is a foreigner.

 

Article 195. -  Irrevocability by Adoption .

 

(1)    Adoption may not be revoked   for any reason other than that provided in Sub-Art . (2) of this Article.

(2)    Where the adopter,  Instead of looking after the adopted child as his own child, handles him as a slave, or in conditions resembling slavery, or makes him engage in immoral acts for his gain, or handles him in any other manner that is detrimental to his future, the court may revoke the adoption.

 

Article  196. - Petition for Revoking the Adoption.

 

(1)    The adopted child, a government organ authorized to follow up the well being of children, or any other interested person, may petition to the court for revoking the adoption on the basis of the preceding Article.

(2)    When a petition is submitted to it under Sub-Art (1) of this Article, the court shall, before summoning the adopter to appear before it, determine whether the grounds for the petition are real and sufficient to warrant revocation.