PROCEDURE FOR CHILD ADOPTION IN CAMEROON UNDER CIVIL LAW;
What is adoption in Cameroon?
Adoption is an institution by which a family or filiation link is created between the adoptee, generally a child, and the adoptive parent(s), their new parents who are not their biological parents.
It can be established by a court decision rendered in open court by a common law or a traditional court.
What are the different types of adoption in Cameroon?
Adoption can be simple or full and has various effects depending on the type.
What are the effects of adoption in Cameroon?
Simple adoption leaves a link between the child and their family of origin while creating ties of filiation between the adopter and the adoptee. The judgment relating to this type of adoption is revocable for serious reasons, for example. For lack of care on the part of the adoptive parents or for the manifest ingratitude of the adoptee.
On the other hand, full adoption produces radical effects, such as the final severance of family ties between the adoptee and their family of origin.
Conditions for adoption in Cameroon?
The Civil Code lists two types of conditions necessary to proceed with an adoption:
The first condition relates to the adopter, namely, any person of either sex over the age of 40 (forty). However, it can only be requested by two spouses who have been married for ten years, but they must not be legally separated or divorced, and one must be over 35 years old. In addition, the adopters must also have neither legitimate children nor descendants of the latter on the day of adoption. In addition, a gap of at least 15 years must separate the adopters from the adopted.
The second condition relates to the adoptee, who can be any person without distinction of sex, race, or primogeniture. If they are still alive, the adoptee’s parents must consent to the adoption by notarial deed passed before a notary. On the other hand, if they are separated or divorced, the parent who has custody gives consent. Finally, if the minor no longer has either a mother or a father, consent is given by the family council or the charitable association that took him in.
Adoption can be simple or full and has effects that vary depending on the type.
Simple Adoption:
Simple adoption allows the bond between the child and his family of origin to subsist while creating ties of filiation between the adopter and the adoptee: “the adoptee remains in his family of origin and retains all his rights” (art 351 Civil Code). The adoptee is attached to his two families and acquires the adopter’s name, which is added to the latter’s name. The adopter remains the only person vested with the rights of paternal power regarding the adopted person and the right to consent to the latter’s marriage.
The judgment relating to this type of adoption can be revoked for serious reasons, for example, lack of care on the part of the adoptive parents or manifest ingratitude of the adoptee. It can be requested by the adopter if the adoptee is over 15 years old, if he is an adult or emancipated, or by the parents or a member of the family of origin.
Full adoption or adoptive legitimation:
Full adoption produces more radical effects, namely: the definitive severance of the adoptee’s filial ties with their family of origin, subject to the prohibitions on marriage referred to in Articles 161, 162,163 of the Civil Code; and direct integration of the adoptee into the family of the adopter as if he were a legitimate child. Thus, he has the same rights and obligations as if he had been born of the marriage. The judgment also confers the husband’s name on the child and, at the request of the spouses, may order a modification of his first name. In its article 368 relating to adoptive legitimation, the Cameroonian civil code stipulates that all children likely to be adopted must be “under the age of five (05) years and abandoned by the parents, or whose parents are unknown or deceased”.
When the judgment relating to this type of adoption is rendered, it is irrevocable and can only be admitted if there are just reasons and it has advantages for the child. The administration, the work, or the person raising the child will necessarily be called upon to give their opinion.
Article by CHUO ANGABUA JUNIOR
‘’The content of this article is intended to provide a general guide to the subject matter. We insist specialist advice be sought depending on your specific circumstance’’
TO TALK WITH A SPECIALIST
