The Speak Up Youth Fact Sharing: Children’s Code Act Fact Share

By Maila Pride, Citizen Journalist

The Children’s Code Act, No. 12 of 2022, is a landmark piece of legislation enacted by the Zambian Parliament to consolidate various laws addressing the welfare of children. The Act aims to ensure the protection, respect, and fulfillment of children’s rights. According to the National Prosecution Authority (NPA), its full implementation signifies Zambia’s commitment to creating a society free of injustices against children.

Overview of the Children’s Code Act

This transformative law aligns with international treaties on children’s rights, such as the United Nations Convention on the Rights of the Child, which Zambia has ratified. For instance, it makes Zambia the 64th state globally and the 11th in Africa to prohibit corporal punishment for children. The legislation provides a standard definition of a child as anyone aged 18 years or below and codifies various rights, including access to social protection, education, healthcare, and parental care.

The Act also establishes guidelines for critical child-related matters, such as adoption, guardianship, reformatory center orders, and parental responsibilities. This fact share focuses on adoption, as outlined in Part XIV of the Children’s Code Act.

Adoption Under the Children’s Code Act

Definition

Adoption is the legal process through which a person assumes the care and responsibility of a child who is not their biological offspring. Once adopted, the adoptive parent assumes full parental rights and responsibilities, while the biological parents’ rights are terminated (National Legal Aid Clinic for Women, 2023).

Who Can Be Adopted?

• Any child aged 21 years or below who has never been married.
• Both Zambian and non-Zambian children are eligible for adoption.

Who Can Adopt?

• Individuals aged 25 years and above, provided they do not suffer from mental illness.
• Relatives of the child may adopt from the age of 21 years.
• Biological parents may adopt a child below the age of 21 years.

Requirements for Adoption

1. The applicant must have lived in Zambia for a period of time.
2. The child must have been in the care of the prospective adoptive parent for at least three months before the adoption date.
3. The applicant must notify the Commissioner for Juvenile Welfare before applying to the court.
4. Applications must be made to either the High Court or a subordinate court.

Effects of an Adoption Order

• If granted, the adoptive parent assumes full parental responsibilities as if the child were their biological offspring.
• The biological parents’ rights and responsibilities are permanently terminated.
• If rejected, the child is placed under the care of a guardian ad litem, who will arrange alternative care.

Adoption Trends and Legal Safeguards

Zambia’s stringent adoption regulations aim to prevent child trafficking and other forms of exploitation. A notable example is the arrest of eight Croats at Simon Mwansa Kapwepwe International Airport in Ndola on December 9, 2022. The individuals were charged with attempted child trafficking, underscoring the nation’s commitment to upholding adoption laws and protecting children’s rights.

In Kalomo District, minimal adoption activity has been recorded. The most recent case occurred in 2012 when a German national adopted her Zambian spouse’s two children. Currently, no children are available for adoption through the district’s social welfare department. Instead, children are cared for at facilities such as Namwianga Orphanage, which houses newborns and young children, often placed there via court-issued committal orders.

Gaps in Awareness and Implementation

Despite its potential, the Children’s Code Act faces challenges in implementation. In Kalomo District, many social welfare officers are unaware of the specifics of the new law, as observed during recent sensitization initiatives. This lack of awareness underscores the urgent need for comprehensive training and outreach programs to ensure effective implementation.

Conclusion

The Children’s Code Act, No. 12 of 2022, is a progressive legal framework that upholds the rights and welfare of children in Zambia. Its provisions on adoption provide clear guidelines to prevent exploitation and ensure that every adoption serves the best interests of the child. However, for the Act to reach its full potential, efforts must be made to address gaps in awareness and ensure compliance by all stakeholders.

The Act empowers every Zambian to advocate for children’s rights, ensuring no child is left behind, particularly those in conflict with or in contact with the law.

References:

• National Legal Aid Clinic for Women
• National Prosecution Authority
• United Nations International Children’s Emergency Fund (UNICEF)