Adoption of Children Act
- Commenced on 16 June 1949
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Adoption of Children Act.
2. Power to make adoption orders
3. Restrictions on making adoption orders
4. Matters with respect to which court to be satisfiedThe court before making an adoption order shall be satisfied—
5. Terms and conditions of orderThe court in an adoption order may impose such terms and conditions as the court may think fit and in particular may require the adopter by bond or otherwise to make for the adopted child such provision (if any) as in the opinion of the court is just and expedient.
6. Effect of adoption order
7. Power to make interim orders
8. Power to make subsequent order in respect of infant already subject to an orderAn adoption order or an interim order may be made in respect of an infant who has already been the subject of an adoption order, and, upon any application for such further adoption order, the adopter or adopters under the adoption order last previously made shall, if living, be deemed to be the parent or parents of the infant for all the purposes of this Act.
9. Jurisdiction and procedure
10. Restriction on paymentsIt shall not be lawful for any adopter or for any parent or guardian except with the sanction of the court to receive any payment or other reward in consideration of the adoption of any infant under this Act or for any person to make or give or agree to make or give to any adopter or to any parent or guardian any such payment or reward.
11. Provisions as to existing de facto adoptionsWhere at the date of the commencement of this Act any infant is in the custody of, and being brought up, maintained and educated by any person or two spouses jointly as his, her or their own child under any de facto adoption, and has for a period of not less than two years before such commencement been in such custody, and been so brought up, maintained and educated, the court may, upon the application of such person or spouses, and notwithstanding that the applicant is a male and the infant a female, make an adoption order authorizing him, her or them to adopt the infant without requiring the consent of any parent or guardian of the infant to be obtained, upon being satisfied that in all the circumstances of the case it is just and equitable and for the welfare of the infant that no such consent should be required and that an adoption order should be made.
12. Adopted Children register
13. Revision of particulars in Adopted Children RegisterThe court may, on application being made to it by, or on behalf of, a person in respect of whom an adoption order has been made prior to the coming into operation of the Adoption of Children (Amendment) Ordinance, 1958*, make an order directing that the particulars entered in the Adopted Children Register, and in the index thereto referred to in section 12 (7) relating to that person shall be amended to conform with the particulars which would have been entered therein if the adoption order had been made after the coming into operation of the said Ordinance, and the Registrar General of Births and Deaths shall comply with any such order.
History of this document
16 June 1949