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Principal Judge Advocates for Adopted Children to Inherit Property

Justice Zeija with other presenters at the conference. Image source: URN

UGANDA, Kampala | Real Muloodi News | Principal Judge Flavian Zeija of the High Court emphasised the importance of granting adopted children rights to inherit property, asserting that adoption establishes a legal bond akin to biological parenthood.

Speaking at the Adoption Awareness Conference held at Hotel African in Kampala, Justice Zeija underscored the need for adoptive parents to recognise the inheritance rights of adopted children as integral to their legal status within the family.

The conference, themed “Bringing Hope to a Generation through Adoption,” aimed to promote a supportive adoption ecosystem in Uganda, where statistics reveal that over two million vulnerable children reside, with approximately 50,000 children living outside parental care in childcare institutions.

Justice Zeija addressed common misconceptions surrounding adoption, particularly the confusion between adoption and guardianship.

He emphasised that adoption entails a permanent legal relationship akin to biological parentage, warranting the inclusion of adopted children in property inheritance rights.

Highlighting challenges within the adoption process, conference participants expressed concerns about the lengthy and costly procedures involved in adopting a child in Uganda.

Barbara Nankya Mutagubya, Director of Sanyu Babies Home, which cares for 50 children, raised alarm over incomplete adoption processes by some adoptive parents, leaving children vulnerable in families without legal guardianship.

Don Wamara, Executive Director of Uganda Child Rights NGO Network (UCRNN), echoed these sentiments, citing overwhelming procedures that burden probation officers and cause adoption delays.

Under the Ugandan Children’s Act, prospective adoptive families must foster children for a minimum of one year before initiating adoption proceedings.

Adoption fees, encompassing court and legal professional charges, typically range from below USD 20 for court fees to between USD 2,500 and USD 3,500 for legal professional fees.

In response to these challenges, Justice Zeija acknowledged the court’s control over official filing fees for adoption cases but noted the lack of authority over attorneys’ charges.

He advised legal professionals to consider charging reasonable fees, particularly when assisting in child adoptions, recommending a maximum fee of 2 million Ugandan shillings to ensure accessibility to adoption services.

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