Printing - The Laws of the Republic of Zambia
The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

REPUBLIC OF ZAMBIA

THE ADOPTION ACT

CHAPTER 54 OF THE LAWS OF ZAMBIA

CHAPTER 54 THE ADOPTION ACT

THE ADOPTION ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARYPART I

PRELIMINARY

Section

1. Short title

2. Interpretation

PART II MAKING OF ADOPTION ORDERSPART II

MAKING OF ADOPTION ORDERS

3. Power to make adoption orders

4. Restrictions on making adoption orders

5. Consent to adoption

6. Evidence of consent of parent or guardian

7. Functions of court as to adoption orders

8. Interim orders

9. Adoption orders in respect of children previously adopted

10. Jurisdiction and procedure

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

PART III REGISTRATION OF ADOPTION ORDERSPART III

REGISTRATION OF ADOPTION ORDERS

11. Adopted Children Register

12. Registrations of adoptions

13. Amendment of orders and rectification of Registers

PART IV EFFECT OF ADOPTION ORDERSPART IV

EFFECT OF ADOPTION ORDERS

14. Rights and duties of parents and capacity to marry

15. Intestacies, wills and settlements

16. Industrial insurance, etc.

17. Affiliation orders, etc.

PART V ADOPTION SOCIETIESPART V

ADOPTION SOCIETIES

Section

18. Restriction on making arrangements for adoption

19. Registration of adoption societies

20. Procedure and right of appeal

21. Inspection of books, etc.

22. Arrangements by adoption societies for adoption

PART VI SUPERVISION OF THE COMMISSIONERPART VI

SUPERVISION OF THE COMMISSIONER

23. Application of Part VI

24. Exemptions from Part VI

25. Duration of application of Part VI

26. Notification of taking possession of an infant

27. Notification of change of residence, etc.

28. Summary order for removal of infant

29. Removal of infant in respect of offences

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

PART VII MISCELLANEOUS AND GENERALPART VII

MISCELLANEOUS AND GENERAL

30. Prohibition of certain payments

31. Restriction upon advertisements

32. Restriction on sending infants abroad

33. Licence to send infant abroad for adoption

34. Service of notices

35. Offences by bodies corporate

36. Penalties

37. Regulations

38. Rules

SCHEDULES-Form of entry in Adopted Children Register

CHAPTER 54

ADOPTION

An Act to provide for the making and registration of adoption orders; to provide for
the registration and control of adoption societies; to regulate the making of
arrangements by adoption societies and other persons in connection with the
adoption of children; to provide for the supervision of adopted children by the
Commissioner for Juvenile Welfare in certain cases; to restrict the making and
receipt of payments in connection with the adoption of children; and to
provide for matters incidental to or connected with the foregoing.

[1st August, 1956]

5 of 1956
32 of 1958
13 of 1994
Government Notices
276 of 1964
497 of 1964
Statutory Instrument
53 of 1965

PART I PRELIMINARYPART I

PRELIMINARY

1. This Act may be cited as the Adoption Act. Short title

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

2. (1) In this Act, unless the context otherwise requires-

"abroad" means in any country outside Zambia;

"adoption order" has the meaning assigned to it by section three;

"adoption society" means a body of persons whose functions consist of or include
the making of arrangements for the adoption of children;

"body of persons" means any body of persons, whether incorporated or
unincorporated;

"Commissioner" means the Commissioner for Juvenile Welfare appointed under
the provisions of section five of the Juveniles Act;

"court" means a court having jurisdiction to make adoption orders under the
provisions of section ten;

"custodian" means the person in whose care and possession an infant is or is to be
placed in pursuance of any arrangements made under the provisions of this
Act;

"father", in relation to an illegitimate infant, means the natural father of such infant;

"infant" means a person who has not attained the age of twenty-one years, but
does not include a person who is or has been married;

"interim order" means an order made under the provisions of section eight;

"juveniles inspector" means a person appointed as such under the provisions of
section six of the Juveniles Act;

"place of safety" has the same meaning as in the Juveniles Act;

"registered adoption society" means an adoption society registered under the
provisions of Part V;

"Registrar-General" means the Registrar-General of Births and Deaths appointed
under the provisions of section three of the Births and Deaths Registration
Act;

"relative", in relation to an infant, means a grandparent, brother, sister, uncle or
aunt, whether of the full blood, of the half-blood or by affinity, and includes-

(a) where an adoption order has been made in respect of the infant or
any other person under the provisions of this Act, or of the repealed
Act, any person who would be a relative of the infant within the
meaning of this definition if the adopted person were the child of the
adopter born in lawful wedlock;

(b) where the infant is illegitimate, the father of the infant and any
person who would be a relative of the infant within the meaning of
this definition if the infant were the legitimate child of his mother and
father;

"the repealed Act" means the Adoption of Children Act, Chapter 136 of the 1948
Edition of the Laws;

"subordinate court" means a subordinate court of the first or second class as
defined in the Subordinate Courts Act.

Interpretation
Cap. 53
Cap. 53
Cap. 53
Cap. 51
Cap. 28

(2) For the purposes of this Act, a person shall be deemed to make arrangements
for the adoption of an infant if, not being a parent or guardian of the infant, he enters into
or makes any agreement or arrangement for, or for facilitating, the adoption of the infant
by any other person, whether the adoption is effected, or is intended to be effected, in
pursuance of an adoption order or otherwise, or if he initiates or takes part in any
negotiations of which the purpose or effect is the conclusion of any agreement or the
making of any arrangement therefor, or if he causes another to do so.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

PART II MAKING OF ADOPTION ORDERSPART II

MAKING OF ADOPTION ORDERS

3. (1) Subject to the provisions of this Act, the court may, upon an application made
in the prescribed manner, make an order (in this Act referred to as an adoption order)
authorising the applicant to adopt an infant.

Power to make
adoption orders

(2) An adoption order may be made on the application of two spouses authorising
them jointly to adopt an infant.

(3) An adoption order may be made authorising the adoption of an infant by the
mother or father of the infant, either alone or jointly with her or his spouse.

4. (1) An adoption order shall not be made in respect of an infant unless the
applicant or, in the case of a joint application, one of the applicants-

Restrictions on making
adoption orders

(a) has attained the age of twenty-five years and is at least twenty-one years
older than the infant; or

(b) has attained the age of twenty-one years and is a relative of the infant; or

(c) is the mother or father of the infant.

(2) An adoption order shall not be made in respect of an infant who is a female in
favour of a sole applicant who is a male, unless the court is satisfied that there are special
circumstances which justify as an exceptional measure the making of an adoption order.

(3) Except as provided by subsection (2) of section three, an adoption order shall
not be made authorising more than one person to adopt an infant.

(4) Subject to the provisions of section five, an adoption order shall not be made-

(a) in any case except with the consent of every person or body of persons
who is a parent or guardian of the infant or who is liable by virtue of any
order or agreement to contribute to the maintenance of such infant;

(b) on the application of one of two spouses, except with the consent of the
other spouse.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(5) An adoption order shall not be made in respect of any infant unless-

(a) the applicant and the infant reside in Zambia; and

(b) the infant has been continuously in the care and possession of the
applicant for at least three consecutive months immediately preceding the
date of the order; and

(c) the applicant has, at least three months before the date of the order,
notified the Commissioner of his intention to apply for an adoption order in
respect of the infant.

5. (1) The court may dispense with any consent required by paragraph (a) of
subsection (4) of section four if it is satisfied-

Consent to adoption

(a) in the case of a parent or guardian of the infant, that he has abandoned,
neglected or persistently ill-treated the infant;

(b) in the case of a person liable by virtue of an order or agreement to
contribute to the maintenance of the infant, that he has persistently
neglected or refused so to contribute;

(c) in any case, that the person whose consent is required cannot be found or
is incapable of giving his consent or that his consent is unreasonably
withheld.

(2) The court may dispense with the consent of the spouse of an applicant for an
adoption order if satisfied that the person whose consent is to be dispensed with cannot
be found or is incapable of giving his consent or that the spouses are separated and are
living apart and that the separation is likely to be permanent.

(3) The consent of any person to the making of an adoption order in pursuance of
an application may be given, either unconditionally or subject to conditions with respect to
the religious persuasion in which the infant is to be brought up, without knowing the
identity of the applicant for the order, and where consent so given by any person is
subsequently withdrawn on the ground only that he does not know the identity of the
applicant, his consent shall be deemed for the purposes of this section to be unreasonably
withheld.

(4) While an application for an adoption order in respect of an infant is pending in
any court, any parent or guardian of the infant who has signified his consent to the making
of an adoption order in pursuance of the application shall not be entitled, except with the
leave of the court, to remove the infant from the care and possession of the applicant, and
in considering whether to grant or refuse such leave the court shall have regard to the
welfare of the infant.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

6. (1) Where any person whose consent to the making of an adoption order is
required by paragraph (a) of subsection (4) of section four does not attend in the
proceedings for the purpose of giving such consent, then, subject to the provisions of
subsection (2), a document signifying his consent to the making of such an order shall, if
the person in whose favour the order is to be made is named in the document or, where
the identity of that person is not known to the consenting party, is distinguished therein in
the prescribed manner, be admissible as evidence of such consent, whether executed
before or after the commencement of the proceedings.

Evidence of consent of
parent or guardian

(2) Where any document mentioned in subsection (1) is attested by a magistrate in
the case of a document executed within Zambia, or is attested in accordance with the
provisions of the Authentication of Documents Act in the case of a document executed
outside Zambia, such document shall be admissible as provided in subsection (1) without
further proof of the signature of the person by whom it is executed, and for the purposes
of this subsection, a document purporting to be attested as aforesaid shall be deemed to
be so attested, and to be executed and attested on the date and at the place specified
therein, unless the contrary is proved.

Cap. 75

(3) Any licence issued under the provisions of section 40 of the Adoption Act, 1950,
or section 23 of the Adoption of Children (Northern Ireland) Act, 1950, of the United
Kingdom, authorising the care and possession of an infant to be transferred to any British
subject resident in Zambia shall be admissible as evidence of the consent of the parent or
guardian of the infant to an adoption order being made under the provisions of this Act in
respect of such infant and such British subject.

(4) If the consent of the parent or guardian to an adoption has been dispensed with
by the Licensing Authority under section 40 (2) of the Adoption Act, 1950, or under section
23 (3) of the Adoption of Children (Northern Ireland) Act, 1950, of the United Kingdom,
such consent shall not be required by the court under this Act.

(5) A document signifying the consent of the mother of an infant shall not be
admissible under the provisions of this section unless-

(a) the infant is at least six weeks old on the date of the execution of the
document; and

(b) the document is attested on that date in accordance with the provisions of
subsection (2).

(As amended by No. 32 of 1958)

7. (1) The court before making an adoption order shall be satisfied- Functions of court as
to adoption orders

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(a) that every person whose consent is necessary under the provisions of this
Act, and whose consent is not dispensed with, has consented to and
understands the nature and effect of the adoption order for which
application is made, and in particular in the case of any parent understands
that the effect of such adoption order will be permanently to deprive him or
her of his or her parental rights;

(b) that the adoption order, if made, will be for the welfare of the infant, due
consideration being for this purpose given to the wishes of the infant,
having regard to the age and understanding of the infant.

(2) The 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 infant such provision, if any, as in the opinion of the court is just and expedient.

8. (1) Subject to the provisions of this section, the court may, upon any application
for an adoption order, postpone the determination of the application and make an interim
order giving the custody of the infant to the applicant for a period not exceeding two years
by way of a probationary period upon such terms as regards provision for the
maintenance and education and supervision of the welfare of the infant and otherwise as
the court may think fit.

Interim orders

(2) All such consents as are required to an adoption order shall be necessary to an
interim order but subject to a like power on the part of the court to dispense with any such
consent.

(3) An interim order shall not be made in any case where the making of an adoption
order would be unlawful by virtue of subsection (5) of section four.

(4) An interim order shall not be deemed to be an adoption order within the meaning
of this Act.

9. An adoption order or an interim order may be made in respect of an infant who
has already been the subject of an adoption order, whether such order was made under
the provisions of this or any other enactment, 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.

Adoption orders in
respect of children
previously adopted

10. (1) The court having jurisdiction to make adoption orders under this Act shall be
the High Court or, at the option of the applicant, but subject to any rules which may be
made in that behalf, any subordinate court of the first class within the jurisdiction of which
either the applicant or the infant resides at the date of the application for the adoption
order.

Jurisdiction and
procedure

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) For the purpose of any application under this Act and subject to any rules which
may be made in that behalf, the court shall appoint some person or body of persons to act
as guardian ad litem of the infant upon the hearing of the application with the duty of
safeguarding the interests of the infant before the court.

PART III REGISTRATION OF ADOPTION ORDERSPART III

REGISTRATION OF ADOPTION ORDERS

11. (1) The Registrar-General shall maintain at the Office of the Registrar-General
a register to be called the Adopted Children Register, in which shall be made such entries
as may be directed to be made therein by adoption orders, but no other entries.

Adopted Children
Register

(2) A certified copy of any entry in the Adopted Children Register, if purporting to be
sealed or stamped with the seal or stamp of the Office of the Registrar-General, shall,
without any further or other proof of that entry, be received as evidence of the adoption to
which it relates and, where the entry contains a record of the date of the birth or the
country of the birth of the adopted person, shall also be received as aforesaid as evidence
of that date or country in all respects as if the copy were a certified copy of an entry in the
Register of Births.

(3) The Registrar-General shall cause an index of the Adopted Children Register to
be made and kept in the Office of the Registrar-General and every person shall be entitled
to search such index and to have a certified copy of any entry in such Register in all
respects upon, and subject to the same terms, conditions and regulations as to payment
of fees or otherwise as are applicable under the provisions of the Births and Deaths
Registration Act in respect of searches in registers kept in the Office of the
Registrar-General, and in respect of the supply from such office of certified copies of
entries in the Registers of Births and Deaths.

Cap. 51

(4) The Registrar-General shall, in addition to the Adopted Children Register and
the index thereof, keep such other registers and books, and make such entries therein, as
may be necessary to record and make traceable the connection between any entry in the
Register of Births which has been marked "Adopted" in pursuance of the provisions of this
Act, and any corresponding entry in the Adopted Children Register, but the registers and
books kept under the provisions of this subsection shall not be, nor shall any index thereof
be, open to public inspection and search, nor, except under an order by the High Court,
shall the Registrar-General furnish any person with any information contained in or with
any copy or extract from such registers or books.

12. (1) Every adoption order shall contain a direction to the Registrar-General to
make in the Adopted Children Register an entry in the form set out in the Schedule, and,
subject to the provisions of subsection (2), shall specify the particulars to be entered
under the headings in columns 2 to 6 of the Schedule.

Registrations of
adoptions

(2) For the purposes of compliance with the requirements of subsection (1)-

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(a) where the precise date of the infant's birth is not proved to the satisfaction
of the court, the court shall determine the probable date of the infant's birth
and the date so determined shall be specified in the order as the date of
birth of the infant;

(b) where the name or surname which the infant is to bear after the adoption
differs from his original name or surname, the new name or surname shall
be specified in the order instead of the original;

and where the country of birth of the infant is not proved to the satisfaction of the court,
the particulars of that country may, notwithstanding anything in subsection (1), be omitted
from the order and from the entry in the Adopted Children Register.

(3) Where upon any application to a court for an adoption order in respect of an
infant, not being an infant who has previously been the subject of an adoption order made
under the provisions of this Act or of the repealed Act, there is proved to the satisfaction of
the court the identity of the infant with a child to whom an entry in the Register of Births
relates, any adoption order made in pursuance of such application shall contain a direction
to the Registrar-General to cause the entry in the Register of Births to be marked with the
word "Adopted".

(4) Where an adoption order is made by a court in respect of an infant who has
previously been the subject of an adoption order made under the provisions of this Act or
of the repealed Act, the order shall contain a direction to the Registrar-General to cause
the previous entry in the Adopted Children Register to be marked with the word
"Re-adopted".

(5) Where an adoption order is made by a court, the prescribed officer of the court
shall cause the order to be communicated in the prescribed manner to the
Registrar-General, and upon receipt of such communication the Registrar-General shall
cause compliance to be made with the directions contained in the order both in regard to
marking any entry in the Register of Births with the word "Adopted" and in regard to
making the appropriate entry in the Adopted Children Register.

13. (1) The court by which an adoption order has been made under this Act or
under the repealed Act may, on the application of the adopter or of the adopted person,
amend the order by the correction of any error in the particulars contained therein, and
where an adoption order is so amended, the prescribed officer of the court shall cause the
amendment to be communicated in the prescribed manner to the Registrar-General and
any necessary correction of or addition to the Adopted Children Register shall be made
accordingly.

Amendment of orders
and rectification of
Registers

(2) Where an adoption order was made before the commencement of this Act, the
power of the court under subsection (1) shall include power to amend the order-

(a) by the insertion of the country of the adopted person's birth;

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(b) where the order does not specify a precise date as the date of the adopted
person's birth, by the insertion of the date which appears to the court to be
the date or probable date of his birth;

and the provisions of subsection (1) shall have effect accordingly.

(3) The court by which an adoption order has been made under the repealed Act
shall, on the application of the adopter or of the adopted person, request the
Registrar-General to provide for the registration of the adoption in accordance with section
twelve, as if this Act had been in force at the time of the said adoption.

(4) Where an adoption order is quashed or an appeal against an adoption order
allowed, the court which made the order shall give directions to the Registrar-General to
cancel any marking of an entry in the Register of Births and any entry in the Adopted
Children Register effected in pursuance of the order.

(5) A copy or extract of an entry in any register, being an entry the marking of which
is cancelled under the provisions of this section, shall be deemed to be an accurate copy
if and only if both the marking and the cancellation are omitted therefrom.

PART IV EFFECT OF ADOPTION ORDERSPART IV

EFFECT OF ADOPTION ORDERS

14. (1) Upon an adoption order being made, all rights, duties, obligations and
liabilities of the parents or guardians of the infant in relation to the future custody,
maintenance and education of the infant, including all rights to appoint a guardian and to
consent or give notice of dissent to marriage, shall be extinguished, and all such rights,
duties, obligations and liabilities shall vest in and be exercisable by and enforceable
against the adopter as if the infant were a child born to the adopter in lawful wedlock, and
in respect of the matters aforesaid the infant shall stand to the adopter exclusively in the
position of a child born to the adopter in lawful wedlock.

Rights and duties of
parents and capacity
to marry

(2) In any case where two spouses are the adopters, the spouses shall, in respect of
the matters mentioned in subsection (1) and for the purpose of the jurisdiction of any court
to make orders as to the custody and maintenance of and right of access to children,
stand to each other and to the infant in the same relation as they would have stood if they
had been the lawful father and mother of the infant and the infant shall stand to them
respectively in the same relation as to a lawful father and mother respectively.

(3) For the purpose of the law relating to marriage, an adopter and the person whom
he has been authorised to adopt under an adoption order shall be deemed to be within the
prohibited degrees of consanguinity, and the provisions of this subsection shall continue to
have effect notwithstanding that some other person other than the adopter is authorised
by a subsequent order to adopt the same infant.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

15. (1) Where, at any time after the making of an adoption order, the adopter or the
adopted person or any other person dies intestate in respect of any real or personal
property other than property subject to an entailed interest under a disposition made
before the date of the adoption order, that property shall devolve in all respects as if the
adopted person were the child of the adopter born in lawful wedlock and were not the child
of any other person.

Intestacies, wills and
settlements

(2) In any disposition of real or personal property made, whether by instrument inter
vivos or by will, including codicil, after the date of an adoption order-

(a) any reference, whether express or implied, to the child or children of the
adopter shall, unless the contrary intention appears, be construed as, or as
including, a reference to the adopted person;

(b) any reference, whether express or implied, to the child or children of the
adopted person's natural parents or either of them shall, unless the contrary
intention appears, be construed as not being, or as not including, a
reference to the adopted person; and

(c) any reference, whether express or implied, to a person related to the
adopted person in any degree shall, unless the contrary intention appears,
be construed as a reference to the person who would be related to him in
that degree if he were the child of the adopter born in lawful wedlock and
were not the child of any other person.

(3) Where under any disposition any real or personal property or any interest in any
such property is limited, whether subject to any preceding limitation or charge or not, in
such a way that it would, apart from this section, devolve as nearly as the law permits,
along with a dignity or title of honour, then, whether or not the disposition contains an
express reference to the dignity or title of honour, and whether or not the property or some
interest in the property may in some event become severed therefrom, nothing in this
section shall operate to sever the property or any interest therein from the dignity or title of
honour, but the property or interest shall devolve in all respects as if this section had not
been enacted.

16. (1) For the purposes of any enactments for the time being in force relating to
friendly societies, collecting societies and industrial insurance companies which enable
such societies and companies to insure money to be paid for funeral expenses and which
restrict the persons to whom money may be paid on the death of a child under the age of
ten, an adopter shall be deemed to be the parent of the infant whom he is authorised to
adopt under an adoption order.

Industrial insurance,
etc.

(2) Where, before the making of an adoption order in respect of an infant, any such
insurance as is mentioned in subsection (1) has been effected by the natural parent of the
infant, the rights and liabilities under the policy shall by virtue of the adoption order be
transferred to the adopter, and the adopter shall, for the purposes of the enactments
mentioned in subsection (1), be treated as the person who took out the policy.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

17. (1) Where an adoption order is made in respect of an infant who is illegitimate,
then, subject to the provisions of this section, any affiliation order in force with respect to
the infant, and any agreement whereby the father of the infant has undertaken to make
payments specifically for the benefit of the infant, shall cease to have effect, but without
prejudice to the recovery of any arrears which are due under the order or agreement at
the date of the adoption order.

Affiliation orders, etc.

(2) Where an infant to whom any such order or agreement as is mentioned in
subsection (1) relates is adopted by his mother, and the mother is a single woman, the
order or agreement shall not cease to have effect by virtue of subsection (1) upon the
making of the adoption order, but shall cease to have effect if she subsequently marries.

(3) Where an adoption order is made in respect of an infant committed to the care of
a fit person by an order in force under the provisions of the Juveniles Act, such
last-mentioned order shall cease to have effect.

Cap. 53

PART V ADOPTION SOCIETIESPART V

ADOPTION SOCIETIES

18. (1) It shall not be lawful for any body of persons to make any arrangements for
the adoption of an infant unless that body is a registered adoption society.

Restriction on making
arrangements for
adoption

(2) If any person takes part in the management or control of a body of persons
which exists wholly or partly for the purpose of making arrangements for the adoption of
infants, and which is not a registered adoption society, he shall be guilty of an offence.

(3) In any proceedings under this section proof of things done or of words written,
spoken or published, whether or not in the presence of any party to the proceedings, by
any person taking part in the management or control of a body of persons or in making
arrangements for the adoption of infants on behalf of that body shall be admissible as
evidence of the purpose for which such body of persons exists.

19. (1) Subject to the following provisions of this Part, where application is made in
the prescribed manner by or on behalf of an adoption society to the Commissioner and
there is furnished therewith the prescribed information relating to the activities of the
society, the Commissioner shall register the society under the provisions of this Part.

Registration of
adoption societies

(2) The Commissioner may refuse to register an adoption society under this Part if it
appears-

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(a) that the activities of the society are not controlled by a committee of
members of the society who are responsible to the members of the society;

(b) that any person proposed to be employed, or employed, by the society for
the purpose of making any arrangements for the adoption of infants on
behalf of the society is not a fit and proper person to be so employed;

(c) that the number of competent persons proposed to be employed, or
employed, by the society for the purpose aforesaid is, in the opinion of the
Commissioner, insufficient having regard to the extent of the activities of the
society in connection with that purpose; or

(d) that any person taking part in the management or control of the society or
any member of the society has been convicted of an offence under the
provisions of this Act or under the provisions of section forty-nine of the
Juveniles Act.

Cap. 53

(3) The Commissioner may at any time cancel the registration of an adoption
society on any grounds which would entitle him to refuse an application for the registration
of the society.

20. (1) Where the Commissioner proposes to refuse an application for registration
made to him by or on behalf of an adoption society or to cancel the registration of an
adoption society, the Commissioner shall give to the society not less than fourteen days'
notice in writing of his intention so to do.

Procedure and right of
appeal

(2) Every notice mentioned in subsection (1) shall state the grounds on which the
Commissioner intends to refuse the application or to cancel the registration, as the case
may be, and shall contain an intimation that, if within fourteen days after the receipt of the
notice the society inform the Commissioner in writing that they desire so to do, the
Commissioner will, before refusing the application or cancelling the registration, as the
case may be, give to the society an opportunity of causing representations to be made to
the Commissioner by or on behalf of the society.

(3) If the Commissioner, after giving to the society an opportunity of causing such
representations as are mentioned in subsection (2) to be made, decides to refuse the
application for registration or to cancel the registration, as the case may be, he shall give
to the society notice in writing of his decision.

(4) Any adoption society aggrieved by the refusal of an application for registration,
or by the cancellation of their registration, by the Commissioner may appeal to the High
Court by a notice of appeal given within twenty-one days after notice in writing of the
decision has been given to the society.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(5) Where the registration of an adoption society is cancelled by the Commissioner,
such society shall, for the purposes of this Part, be deemed to be registered under this
Part during the period within which an appeal against the cancellation may be brought
under the provisions of this section and, if such an appeal is brought, until the
determination or abandonment of such appeal.

21. (1) The Commissioner may at any time give notice to any registered adoption
society or to any officer of such society requiring such society or officer to produce to the
Commissioner or to any person duly nominated by him in that behalf such books,
accounts and other documents relating to the performance by the society of the function
of making arrangements for the adoption of infants as the Commissioner may consider
necessary for the exercise of the powers conferred upon the Commissioner by subsection
(3) of section nineteen.

Inspection of books,
etc.

(2) Any notice given under the provisions of subsection (1) may contain a
requirement that any information to be furnished in accordance with such notice shall be
verified by statutory declaration.

(3) Any person who fails to comply with the requirements of a notice given under the
provisions of this section shall be guilty of an offence and shall be liable to a fine not
exceeding one thousand five hundred penalty units or to imprisonment for a period not
exceeding three months, or to both.

(As amended by Act No. 13 of 1994)

22. (1) It shall not be lawful for a registered adoption society by whom
arrangements are made for the adoption of an infant-

Arrangements by
adoption societies for
adoption

(a) to place the infant in the care and possession of a person resident in
Zambia if an adoption order in respect of the infant could not lawfully be
made in favour of that person;

(b) to place the infant in the care and possession of a person resident abroad
unless the approval of the Minister has been granted in respect of the infant
under the provisions of subsection (2) of section thirty-two.

(2) At any time within three months from the date on which an infant is delivered into
the care and possession of a person resident in Zambia in pursuance of arrangements
made by a registered adoption society for the adoption of such infant by such person-

(a) such person may give notice in writing to the society of his intention not to
adopt the infant; or

(b) the society may cause notice in writing to be given to such person of their
intention not to allow the infant to remain in his care and possession.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(3) If, at the expiration of the period of three months mentioned in subsection (2), no
such notice as is mentioned in subsection (2) has been given, the person into whose care
and possession the infant was delivered shall, within six months after the expiration of
such period, either-

(a) apply to the court for an adoption order in respect of the infant; or

(b) give notice in writing to the society of his intention not to apply for such an
order.

(4) Where any notice is given to a registered adoption society by any person, or by
such a society to any person under the provisions of subsection (2) or (3), or where an
application for an adoption order made by any person pursuant to subsection (3) is
refused by the court, that person shall, within seven days after the date on which the
notice was given or the application refused, as the case may be, cause the infant to be
returned to the society, and the society shall receive the infant accordingly:

Provided that it shall be sufficient compliance with the requirements of this
subsection if the infant is delivered by the said person to, and is received by, a suitable
person nominated for the purpose by the society.

(5) Any person who contravenes the provisions of this section shall be guilty of an
offence and the court by which an offender is convicted may order any infant in respect of
whom the offence is committed to be returned to his parents or guardians or the
registered adoption society.

(As amended by G.N. No. 276 of 1964 and
S.I. No. 53 of 1965)

PART VI SUPERVISION BY THE COMMISSIONERPART VI

SUPERVISION BY THE COMMISSIONER

23. (1) Subject to the provisions of section twenty-four, this Part shall have effect
where-

Application of Part VI

(a) arrangements are made for the placing of an infant who has not attained
the age of sixteen years in the care and possession of a person who is
resident in Zambia and is not the parent or guardian or a relative of the
infant; and

(b) any person, not being the parent or guardian of the infant or the person in
whose care and possession the infant is to be placed, participates in the
making of the arrangements.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(2) For the purposes of this Part, a person shall be deemed to participate in the
making of arrangements for the placing of an infant in the care and possession of another
person-

(a) if he enters into or makes any agreement or arrangement for, or for
facilitating, the placing of the infant in the care and possession of that other
person; or

(b) if he initiates or takes part in any negotiations of which the purpose or effect
is the conclusion of any agreement or the making of any arrangement
therefor;

or if he causes another to do so.

(3) The person in whose care and possession an infant is or is to be placed in
pursuance of such arrangements as are mentioned in this section is in this Part referred to
as the custodian of the infant.

24. The provisions of this Part shall not have effect where possession of an infant
has been, is, or is proposed to be taken-

(a) by any person for a purely temporary purpose;

(b) by a school, hospital, convalescent home or other similar institution;

(c) by an institution to which the infant has been committed under the
provisions of the Mental Disorders Act; or

(d) by any reformatory, approved school, house or home approved under the
provisions of the Juveniles Act for the reception of juveniles.

Exemptions from Part
VI
Cap. 305
Cap. 53

25. Where this Part has taken effect in relation to an infant, it shall cease to have
effect-

(a) if an adoption order or an interim order is made in respect of such infant,
upon the making of such order;

(b) if no such order has been made, on the date on which he attains the age of
eighteen years or ceases to live apart from his parents with the person with
whom he was living when he attained the age of sixteen years, whichever
first occurs.

Duration of application
of Part VI

26. (1) Not less than seven days before possession is taken of an infant pursuant to
any arrangements by virtue of which this Part has effect in relation to the infant, any
person who participates in the arrangements, not being the parent or guardian of the
infant or the custodian of the infant, shall give notice in writing of the arrangements to the
Commissioner.

Notification of taking
possession of an
infant

(2) The notice required by this section shall state the name and sex of the infant, the
date and place of the infant's birth, and the name and address of the custodian of the
infant.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(3) Any person who fails to give any notice required by the provisions of subsection
(1) shall be guilty of an offence.

27. (1) Where the custodian of an infant in relation to whom this Part has effect
changes his residence while the infant is in his care and possession, he shall give to the
Commissioner notice of the change at least seven days before doing so:

Notification of change
of residence, etc.

Provided that, where an immediate change of residence is necessitated by any
sudden emergency, the provisions of this subsection shall be deemed to have been
complied with if any notice required thereunder is given at any time within forty-eight hours
after the change of residence.

(2) If an infant in relation to whom this Part has effect dies while in the care and
possession of his custodian, the custodian shall, within twenty-four hours of the death,
give notice in writing of the death to the Commissioner and to the coroner of the District in
which the body of the infant lies.

(3) Any person who fails to give any notice required by the provisions of this section
shall be guilty of an offence.

28. (1) If an infant in relation to whom this Part has effect- Summary order for
removal of infant

(a) is about to be received or is being kept by any person in any premises
which are overcrowded, insanitary or dangerous, or in an environment
which is detrimental to the infant; or

(b) is in the care and possession of a custodian who, by reason of old age,
infirmity, ill-health, ignorance, negligence, inebriety, immorality or criminal
conduct, or for any other reason, is unfit to have care of the infant;

a subordinate court may, on an application made by or on behalf of the Commissioner,
make an order for the removal of the infant to a place of safety until he can be restored to
his parents or guardian or until other arrangements can be made for him.

(2) Upon proof that there is imminent danger to the health or well-being of the infant
concerned, any magistrate, acting, if he deems it necessary, ex parte, may exercise the
powers conferred upon a subordinate court by subsection (1), upon the application of a
juveniles inspector.

(3) Any order made under the provisions of this section may be enforced by a
juveniles inspector, and any person who refuses to comply with such an order upon its
being produced, or who obstructs a juveniles inspector in the enforcement of such order,
shall be guilty of an offence.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

29. Where any person is convicted of an offence under the provisions of this Part,
the court may order any infant in respect of whom the offence was committed to be
removed to a place of safety until he can be restored to his parents or guardian or until
other arrangements can be made for him.

Removal of infant in
respect of offences

PART VII MISCELLANEOUS AND GENERALPART VII

MISCELLANEOUS AND GENERAL

30. (1) It shall not be lawful for an adopter, or for a parent or guardian of an infant,
to receive, except with the sanction of the court, any payment or other reward in
consideration of the adoption of an infant under the provisions of this Act, or for any
person to make or give or agree to make or give to an adopter, parent or guardian any
payment or reward, the receipt of which is prohibited by this subsection.

Prohibition of certain
payments

(2) Any person who, in connection with arrangements by virtue of which Part VI has
effect in relation to an infant, gives or receives, or agrees to give or receive, any
remuneration or reward whatsoever shall be guilty of an offence.

(3) Subject to the provisions of subsection (4), any person who makes
arrangements for the adoption of an infant and receives or makes, or agrees to receive or
make, any payment or reward whatsoever in connection with the making of the
arrangements shall be guilty of an offence.

(4) The provisions of subsection (3) shall not apply-

(a) to any payments the making or receipt of which is sanctioned by the court
to which an application for an adoption order in respect of an infant is
made;

(b) to any payments the making or receipt of which is authorised by the
Commissioner under the provisions of subsection (3) of section thirty-three;

(c) to any payments made by or on behalf of a registered adoption society in
respect of the maintenance of an infant who has been placed at the
disposition of the society;

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(d) to any payments made to a registered adoption society by the parent or
guardian of an infant or by any person in respect of the maintenance of the
infant so long as the infant is not in the care and possession of a person
who has adopted or proposes to adopt him, whether under an adoption
order or otherwise, being payments made weekly and at a rate not
exceeding such rate as may be prescribed.

31. (1) It shall not be lawful for any advertisement to be published indicating- Restriction upon
advertisements

(a) that the parent or guardian of an infant desires to cause the infant to be
adopted;

(b) that a person desires to adopt an infant; or

(c) that any person, not being a registered adoption society, is willing to make
arrangements for the adoption of an infant.

(2) Any person who causes to be published or who knowingly publishes any
advertisement in contravention of the provisions of subsection (1) shall be guilty of an
offence and shall be liable to a fine not exceeding one thousand five hundred penalty
units.

(As amended by Act No. 13 of 1994)

32. (1) It shall not be lawful for any person in connection with any arrangements
made for the adoption of an infant who is resident in Zambia to permit or procure the care
and possession of the infant to be transferred to any person who is not the guardian or a
relative of the infant and who is resident abroad.

Restriction on sending
infants abroad

(2) It shall not be lawful for any person in connection with any such arrangements as
are mentioned in subsection (1) to permit or procure the care and possession of an infant
as mentioned in subsection (1) to be transferred to a person who is resident abroad, and
who is not the guardian or a relative of the infant, unless the approval of the Minister has
been granted in respect thereof.

(3) Any person who contravenes the provisions of this section shall be guilty of an
offence, and the court by which such person is convicted may order any infant in respect
of whom the offence was committed to be returned to his parents or guardian.

(As amended by G.N. No. 276 of 1964 and S.I. No. 53 of 1965)

33. (1) The Commissioner may grant a licence in the prescribed form, and subject
to such conditions and restrictions as he may think fit, authorising the care and
possession of an infant for whose adoption arrangements have been made to be
transferred to a person resident abroad, but, subject to the provisions of this section, no
such licence shall be granted unless the Commissioner-

Licence to send infant
abroad for adoption

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(a) is satisfied that the application is made by or with the consent of every
person or body of persons who is a parent or guardian of the infant in
question, or who has the actual custody of the infant, or who is liable to
contribute to the support of the infant; and

(b) is satisfied by the report of a Zambian consular officer, or any other person
who appears to the Commissioner to be trustworthy, that the person to
whom the care and possession of the infant is proposed to be transferred is
a suitable person to be trusted therewith, and that the transfer is likely to be
for the welfare of the infant, due consideration being for this purpose given
to the wishes of the infant, having regard to the age and understanding of
the infant.

(2) The Commissioner may dispense with any consent required by paragraph (a) of
subsection (1) if satisfied that the person whose consent is to be dispensed with has
abandoned or deserted the infant or cannot be found or is incapable of giving such
consent, or, being a person liable to contribute to the support of the infant, either has
persistently neglected or refused to contribute to such support or is a person whose
consent ought, in the opinion of the Commissioner and in all the circumstances of the
case, to be dispensed with.

(3) Where the Commissioner grants a licence under the provisions of this section,
he may authorise the making or receipt by any person of any payments in consideration of
the transfer of the care and possession of the infant in respect of whom the licence is
granted.

(As amended by S.I. No. 53 of 1965)

34. Any notice under this Act may be served by registered post, and such service
shall be deemed to be effected by properly addressing, prepaying and posting a letter
containing the notice, and, unless the contrary is proved, to have been effected at the time
at which the letter would be delivered in the ordinary course of post.

Service of notices

35. Where any offence under the provisions of Part V, VI or VII committed by a
body corporate is proved to have been committed with the consent or connivance of, or to
be attributable to any neglect on the part of, any director, manager, member of the
committee, secretary or other officer of the body, he, as well as the body, shall be deemed
to be guilty of such offence and shall be liable to be proceeded against and punished
accordingly.

Offences by bodies
corporate

36. Any person who is guilty of an offence under the provisions of this Act shall,
unless some other penalty is specifically provided therefor, be liable to a fine not
exceeding three thousand penalty units or to imprisonment for a period not exceeding six
months, or to both.

(As amended by Act No. 13 of 1994)

Penalties

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

37. The Minister may, by statutory instrument, make regulations-

(a) prescribing the manner in which application for registration shall be made
by an adoption society;

(b) providing for the conduct of negotiations entered into by or on behalf of any
registered adoption society with persons who, having the care and
possession of infants, are desirous of causing such infants to be adopted;

(c) prescribing the maximum rate at which payments may be made under the
provisions of paragraph (d) of subsection (4) of section thirty;

(d) with respect to the application for and grant of licences under the provisions
of section thirty-three, and prescribing the form of application for such
licences;

(e) prescribing anything to be prescribed under this Act.

(As amended by G.N. No. 276 of 1964)

Regulations

38. The High Court may, by statutory instrument, make rules-

(a) prescribing the manner in which applications shall be made for adoption
orders;

(b) for the purposes of section ten;

(c) prescribing the officers of courts who shall be responsible for
communicating adoption orders to the Registrar-General;

(d) dealing with all matters of court procedure and all matters incidental thereto
arising out of this Act and for carrying this Act into effect, and such rules
may provide for applications for adoption orders being heard and
determined otherwise than in open court and, where applications are made
to a subordinate court of the first class, for the hearing and determination
thereof in a juvenile court as defined in the Juveniles Act.

Rules
Cap. 53

SCHEDULE

(Section 12)

FORM OF ENTRY IN ADOPTED CHILDREN REGISTER

1

No. of
entry

2

Date and
country of

birth of child

3

Name
and
sur-

name
of

child

4

Sex of
child

5

Name and surname,
address and
occupation of

adopter or adopters

6

Date of Adoption
Order and

description of
court by which

made

7

Date
of

entry

8

Signature of
officer deputed by

Registrar-
General to attest

to entry

SUBSIDIARY LEGISLATION

ADOPTION

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

SECTION 37-THE ADOPTION SOCIETIES REGULATIONS

Regulations by the Minister

Government Notice
192 of 1956
Act No.13 of 1994

1. These Regulations may be cited as the Adoption Societies Regulations. Title

2. Every application for the registration of an adoption society under section
nineteen of the Act shall be made in the form, and shall give the particulars, set out in the
First Schedule.

Application for
registration

3. The registration fee to be paid by an adoption society to the Commissioner for
Juvenile Welfare shall be seventy-five fee units.

(As amended by Act No. 13 of 1994)

Registration fee

4. Where the parent or guardian of a child proposes to place an infant at the
disposition of a registered adoption society with a view to the infant's adoption, the
society-

(a) shall furnish the parent or guardian with a memorandum in the form set out
in the Second Schedule; and

(b) shall not accept the infant unless the parent or guardian has signed and
delivered to the society a certificate (which the society shall retain) in the
form set out in the Second Schedule, that he has read and understood the
said memorandum.

Duties of adoption
society prior to
acceptance of infant

5. In the case of every infant proposed to be delivered by or on behalf of a
registered adoption society into the care and possession of an adopter-

(a) the society shall make inquiries and obtain reports on the points set out in
the Third Schedule; and the report obtained on the health of the infant shall
be signed by a duly qualified medical practitioner; and

(b) the case shall be considered by a committee (to be called a "case
committee") appointed by the society for the purpose and consisting of not
less than three persons.

Duties of adoption
society prior to
placement

6. No infant shall be delivered into the care and possession of an adopter by or on
behalf of a registered adoption society until-

(a) the adopter has been interviewed by the case committee or by some
competent person on their behalf;

(b) the case committee has arranged for the inspection of, and received a
report from a competent person upon, any premises in which the adopter
intends that the infant should remain permanently; and

(c) the case committee has considered the reports required by regulation 5.

Duties of case
committee

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

7. Every registered adoption society shall, within twelve months of registration, and
thereafter at least once in every period of twelve months, furnish to the Commissioner for
Juvenile Welfare-

(a) duly audited accounts and balance sheets submitted by a person
dissociated from the society and not in any way related to any member or
officer of the society; and

(b) a report in the form set out in the Fourth Schedule.

Annual reports of
adoption society to be
sent to Commissioner
for Juvenile Welfare

8. (1) Every registered adoption society shall make adequate arrangements for the
care and supervision of infants who have been placed by their parents or guardians in the
care of the society.

Care of infants
accepted by adoption
society

(2) Every infant who is not accommodated in premises under direct control of the
society, or accommodated in any approved home or institution providing for the care and
protection of children, shall, unless and until the infant has been adopted in pursuance of
an adoption order, be visited in the first month and thereafter at least once a month by a
representative of the society who shall report upon the case to the case committee; if the
case committee so recommend, the society shall immediately remove the infant.

FIRST SCHEDULE

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(Regulation 2)
THE ADOPTION ACT

FORM OF APPLICATION FOR REGISTRATION

I/We, the undersigned, being a person/persons duly authorised on behalf of the society called the
.............................................. , hereby apply to the Commissioner for Juvenile Welfare to have the said society registered
as an adoption society under the provisions of section 19 of the Adoption Act.
The following are particulars of the society:
1. Date of establishment ..........................................................................................................................................................
2. Full residential address of the society's administrative centre .............................................................................................
3. Postal address of the society ................................................................................................................................................
4. Objects for which the society exists ......................................................................................................................................

..............................................................................................................................................................................................

..............................................................................................................................................................................................

..............................................................................................................................................................................................

..............................................................................................................................................................................................
(State if the society applies its profits, if any, and other income to promoting these objects.) (A copy of the society's
constitution should be attached to this application.)

5. Full names, addresses and occupations or descriptions of the members of the committee controlling the activities of
the society should be attached as Schedule I to this application.

6. Full names, addresses and occupations or descriptions of the members of case committees should be attached as
Schedule II to this application.

7. Full names, addresses and qualifications of all persons employed by the society, whether voluntary or paid, for the
purpose of making any investigations or reports on behalf of the society should be attached as Schedule III to this
application.

8. Copies of the society's latest annual report and audited statement of accounts should be attached.

I/We hereby declare that the particulars furnished above and in Schedules I, II and III to this application are correct in
every respect.
Signature ......................................................................................................
Office held under the society ........................................................................
Address ........................................................................................................
Signature ......................................................................................................
Office held under the society ........................................................................
Address ........................................................................................................

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

SECOND SCHEDULE

(Regulation 4)

(Form of Memorandum to be given to the parent or guardian and Certificate to be signed by parent or
guardian)

ADOPTION OF CHILDREN: EXPLANATORY MEMORANDUM

1. If the Court makes an adoption order, all your rights and duties with regard to the child will be
transferred permanently to the adopter(s) and in law the child will no longer be yours.
2. The Court cannot make an adoption order without the consent of each parent or guardian of
the child unless it is satisfied-

(a) in the case of a parent or guardian of the child, that he has abandoned, neglected or
persistently ill-treated the child;

(b) in the case of a person liable by virtue of an order or agreement to contribute to the
maintenance of the child, that he has persistently neglected or refused so to contribute;

(c) in any case, that the person whose consent is required cannot be found, or is incapable of
giving his consent, or that his consent is unreasonably withheld.

If the natural father of an illegitimate child contributes towards the child's maintenance under an
affiliation order or a voluntary agreement, the Court will, as a rule, require his consent also.
3. Your consent must be given in writing and must be attested by a Magistrate. If you are the
child's mother, your consent cannot be given until the child is at least six weeks old on the date of the
execution of the document. In giving your consent you may, if you choose, stipulate the religious
persuasion in which you desire the child to be brought up.
4. You are not allowed to receive or pay any money for the adoption unless the Court agrees.
This does not apply to a weekly payment for the maintenance of your child before placement with the
adopter(s), whether paid to an adoption society, nursery or foster mother.
5. An adoption society cannot arrange for your child to be sent abroad for adoption without a
licence from the Commissioner for Juvenile Welfare and here again the licence cannot be granted
without your consent, except for a reason of the same sort as those set out in paragraph 2.
6. If you have taken out an insurance policy against funeral expenses for your child, the insurers
will be able to tell you whether, after the adoption order is granted, the policy can be transferred to the
adopter(s) should they wish to continue it.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

CERTIFICATE
(To be furnished to a registered adoption society by a parent or guardian proposing to place a child at the disposition of the

society with a view to the child being adopted)
I HEREBY CERTIFY that I have received from........................................................................ a Memorandum headed
"Adoption of Children: Explanatory Memorandum", from which I have detached this certificate of acknowledgment, and I
further certify that I have read the Memorandum and understand it.

Signature ................................................................................
Address ..................................................................................
Date........................................................................................

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

THIRD SCHEDULE

(Regulation 5)

(Points on which inquiries must be made and reports obtained in the case of every child proposed to
be delivered by or on behalf of a registered adoption society into the care and possession of an

adopter)

PART A-PARTICULARS RELATING TO THE CHILD

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

1. Name.
2. Address.
3. Date and place of birth.
4. Is the child resident in Zambia?
5. If baptised, state place of baptism and denomination.
6. Full name, address and age of the child's parents. If dead, state date of death.
7. Parents' religion.
8. Has either parent any other children? If so, state their ages and sex.
9. Is there any history of insanity, tuberculosis or other disease in the family of either parent?
10. Why is the child offered for adoption?
11. Has the child any right or interest in property? If so, give full particulars.
12. Has any insurance been effected on the life of the child?

PART B-PARTICULARS RELATING TO THE PARENTS OR GUARDIANS
1. If the mother is alive, does she consent to adoption?
2. If the father is alive-
(a) is he married to the mother or otherwise liable to contribute to the child's maintenance? If so, give particulars. (If

the parents are separated, state whether there is a separation order in force.)
(b) does he consent to the adoption?
3. If the child has guardians, state-
(a) their names and addresses;
(b) how and by whom they were appointed;
(c) whether they consent to adoption.
4. (a) Are any other persons liable to contribute to the support of the child?
(b) If so, do they agree to adoption?
5. If the answer to questions 1, 2 (b), 3 (c) or 4 (b) is in the negative, the reason should be stated.

PART C-PARTICULARS RELATING TO THE ADOPTER
1. Name(s).
2. Address(es).
3. Country of domicile.
4. Date(s) of birth.
5. Religion(s).
6. Occupation(s).
7. Is it intended to apply for an adoption order?
8. Is the adopter married or are the adopters a married couple? If so, give date and place of marriage, and say whether

it is intended to make a joint application for an adoption order.
9. Is there any child of the adopter(s) living at home? If so, give age and sex.
10. Has any child been adopted by the adopter(s) before? If so, give particulars.
11. What is the accommodation and condition of the home?
12. What are the means of the adopter(s)? How far are the earnings of children living at home included?
13. What are the wishes of the adopter(s) as to the age and sex of the child they wish to adopt?
14. Give the names and addresses of two responsible persons who can vouch for the character of the adopter(s).

PART D-VERIFICATION OF PARTICULARS
1. (a) Have the particulars given under Parts A, B and C above been verified so far as possible?
(b) Have the particulars of the birth of the child, and of the death, marriage or separation of the parents, and of the

marriage of the adopter(s) been confirmed by inspection of certificates of birth, death or marriage or the
separation order?

2. Has a representative of the case committee interviewed the adopter(s)?
3. Has the home of the adopter(s) been inspected by a representative of the case committee? Was it found

satisfactory?
4. Are the adopter(s) and the members of their household persons of good character? Have their references been

taken up?
5. Do the adopter(s) and the members of their household appear to be in good health?

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FOURTH SCHEDULE

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

(Regulation 7)
THE ADOPTION ACT

FORM OF ANNUAL REPORT

Report to the Commissioner for Juvenile Welfare from the adoption society called
....................................................................................................................................................................................................
for the year ended ......................................................................................................................................................................
1. Full postal address of the society's administrative centre.
2. Has there been any change in the objects for which the society exists? Does it still apply the whole of its profits, if

any, and other income in promoting those objects?
3. Full names, addresses and occupations or descriptions of all members of the committee controlling the activities of

the society.
4. Full names, addresses, occupations or descriptions and qualifications of members of the case committee.
5. Has any person taking part in the management or control of the society or any member of the society been convicted

of an offence under the Adoption Act, or of a breach of any regulation made thereunder? (If so, give particulars.)
6. Full names, addresses and qualifications of all persons employed by the society, whether voluntary or paid, for the

purpose of making any arrangements for the adoption of children.
7. Cases dealt with by the society during the year ended........................................................................................................

(a) Number of applications from persons wishing to adopt a child.
(b) Number of children offered to the society with a view to adoption.
(c) Number of children taken into hostels under the direct control of the society pending adoption.
(d) Number of children placed by the society pending adoption in foster homes or hostels not under the direct control

of the society.
(e) Number of children placed with a view to adoption.
(f) Number of adoption orders made in respect of children placed by the society.

8. (a) Number of children placed for adoption by the society and awaiting adoption orders at the end of the year.
(b) Number of children in hostels under the direct control of the society at the end of the year.
(c) Number of children at the end of the year in foster homes or in hostels in which they had been placed by the

society but which are not under the society's direct control.
9. A copy of the society's latest annual report should be attached.
I/We hereby declare that the above particulars are correct in every respect.
Signature ............................................................................................
Office held under the society ..............................................................
Address ..............................................................................................
............................................................................................................
Signature ............................................................................................
Office held under the society ..............................................................
Address ..............................................................................................
............................................................................................................
Date....................................................................................................

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

SECTION 37-THE ADOPTION (TRANSFER ABROAD) REGULATIONS

Regulations by the Minister

Government Notice
193 of 1956
Statutory Instrument
53 of 1965

1. These Regulations may be cited as the Adoption (Transfer Abroad) Regulations. Title

2. An application for a licence under section thirty-three of the Act, authorising the
care and possession of an infant for whose adoption arrangements have been made to be
transferred to a person resident abroad, may be made by a parent or guardian of the
infant or by any other person or body concerned in the making of the arrangements for the
adoption of the infant, and, if that body is an adoption society, the application may be
made by any person authorised by the society in that behalf.

(As amended by No. 53 of 1965)

Application for licence
to transfer infant
abroad

3. Notice of the application shall be given in Form 1 in the Schedule to the
Commissioner for Juvenile Welfare, and the notice shall be delivered or sent by registered
post to the Commissioner for Juvenile Welfare.

Notice of application to
be sent to
Commissioner for
Juvenile Welfare

4. The Commissioner for Juvenile Welfare shall cause a copy of the notice to be
sent to a Zambian consular officer, or any other person who appears to the Commissioner
to be a trustworthy person, and shall request the officer or person to report whether the
person to whom the care and possession of the infant is proposed to be transferred is a
suitable person to be entrusted therewith.

(As amended by No. 53 of 1965)

Commissioner for
Juvenile Welfare to
obtain report on
person applying for
care and possession
of infant

5. A copy of the notice referred to in regulation 3 shall be served by the applicant
upon the infant and upon every person or body who is a parent or guardian of the infant,
or who has the actual custody of the infant, or who is liable to contribute to the support of
the infant:

Service of copies of
notice of application:
powers of
Commissioner for
Juvenile Welfare to
dispense with service

Provided that the Commissioner for Juvenile Welfare may dispense with the service
required by this regulation of a copy of the notice-

(i) upon any person other than the infant, if he is satisfied that the person
cannot be found; and

(ii) upon the infant, if he thinks fit having regard to the age and understanding
of the infant.

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

6. The Commissioner for Juvenile Welfare shall obtain, in Form 2 in the Schedule,
the consent of every person or body of persons who is a parent or guardian of the infant in
question, or who has the actual custody of the infant, or who is liable to contribute to the
support of the infant:

Consents to be
obtained or dispensed
with

Provided that the Commissioner for Juvenile Welfare may dispense with any consent
required by this regulation if he is satisfied that the person whose consent is to be
dispensed with has abandoned or deserted the infant or cannot be found or is incapable of
giving such consent, or, being a person liable to contribute to the support of the infant,
either has persistently neglected or refused to contribute to such support or is a person
whose consent ought, in the opinion of the Commissioner for Juvenile Welfare and in all
the circumstances of the case, to be dispensed with.

7. (1) The service of any document under regulations 5 and 6 may be effected by
delivering it to the person to be served or by sending it by registered post to him at his last
known or usual place of abode:

Service of documents

Provided that where the document is to be served upon a body it shall be left at or
sent by registered post to the registered office of that body or, in the absence of any
registered office, the principal place where the body transacts or carries on its business.

(2) The service of any such document as aforesaid may be proved by the
production of a declaration in Form 3 in the Schedule or in a form to the like effect
purporting to be made before a magistrate.

8. The Commissioner for Juvenile Welfare, for the purpose of satisfying himself
upon any matter relating to an application for a licence under the provisions of these
Regulations, may require any person or body, by a person authorised on its behalf, to
appear before him.

Powers of
Commissioner for
Juvenile Welfare

9. Any licence granted under section thirty-three of the Act shall be in Form 4 in the
Schedule.

Form of licence

SCHEDULE

PRESCRIBED FORMS

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 1
(Regulation 3)

FORM OF NOTICE OF AN APPLICATION FOR A LICENCE
To: The Commissioner for Juvenile Welfare.
I hereby give notice that I intend to apply for a licence under section 33 of the Adoption Act in respect of a male/female
infant named...................................................................................................................................................aged..........years,
born on the..................................day of................................, 19..........
The infant is the subject of arrangements for his/her adoption as follows:
(*(1))............................................................................................................................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................

(i) The father (**(2)) of the infant is................................................................................................................................
of......................................................................................, a....................................subject, aged................years.

(ii) The mother (**(3)) of the infant is..............................................................................................................................
of......................................................................................, a....................................subject, aged................years.

(iii) The guardian of the infant is......................................................................................................................................
of......................................................................................., a....................................subject, aged................years.

(iv) The infant is at present in the custody of..................................................................................................................
of......................................

The following persons are liable to contribute to the support of the infant ‡(4):
(1) .......................................................... of ..............................................................................................................
(2) .......................................................... of ..............................................................................................................
The person to whom it is proposed to transfer the care and possession of the infant
is..................................................................................................................................................................................................
resident at....................................................................................................................................................................................
The following financial arrangements have been made/are contemplated in consideration of the transfer of the care and
possession of the infant (*(5)) or (§(6)):
....................................................................................................................................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................
My full name, address and nationality are-
Name ........................................................................................................
Address ....................................................................................................
Nationality ................................................................................................
and I am making this application as (||(7)) ..........................................................................
Date ................................................................................ ................................................................................

Signature of the Applicant
(*) Here set out the arrangements.
(†) If the father or mother is dead this fact should be stated.
(‡) Delete if inapplicable.
(§) If there are no financial arrangements write "none".
(||) Insert capacity, i.e. parent, guardian or person concerned in making the arrangements for the adoption.

(As amended by No. 53 of 1965)
_________

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 2
(Regulation 6)

FORM OF CONSENT TO THE MAKING OF AN APPLICATION FOR A LICENCE
I............................................................................................................................................................................................of
being the *(8)............................................ of the infant named............................................................................................with
respect to whom application is to be made to the Commissioner for Juvenile Welfare by ......................................... for the
grant of a licence under section 33 of the Adoption Act authorising the care and possession of the said infant for whose
adoption arrangements have been made to be transferred to ..................................................................................................,
resident abroad at ......................................................................................................................................................................,
do hereby declare that I consent to the making of the said application.
* Here insert the appropriate words, i.e. father, mother, guardian, person having the actual custody, a person liable to
contribute to the support, etc.
In witness whereof I have signed this consent on the ...............................................day of ...............................................,
19.........

................................................................
Signature

Declared and signed before me.
....................................................................................................................................................................................................
....................................................................................................................................................................................Magistrate
* Here insert the appropriate words, i.e. father, mother, guardian, person having the actual custody, a person liable to
contribute to the support, etc.

(As amended by No. 53 of 1965)
_________

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 3
(Regulation 7)

FORM OF DECLARATION OF SERVICE
I................................................................................................................................................................................................
of ................................................................................................................................................................................................
hereby declare that I did on the ......................... day of ..................., 19........, serve ................................................................
of .................................................................................................... with a copy of the notice of application to be made to the
Commissioner for Juvenile Welfare for a licence under section 33 of the Adoption Act in respect of an infant named
........................................ by*(9):

(i) delivering the said document personally;

(ii) sending the said document by registered post to ....................................................................................................
being his/her last known or usual place of abode;

(iii) leaving the said document at .................................................................................................................. being the
registered office of ................................................................................................................................. (principal
place where .................................................................................................. transacts or carries on its business);

(iv) sending the said document by registered post to ....................................................................................................
being the registered office of ....................................................................................................................(principal
place where .................................................................................................. transacts or carries on its business).

..........................................................................
Signature

Declared and signed before me the ..................................................................................day of ............................., 19.......
..........................................................................

Magistrate
*Delete whichever is inapplicable.

_________

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 4
(Regulation 9)

LICENCE GRANTED BY COMMISSIONER FOR JUVENILE WELFARE
WHEREAS application has been made by ............................................................................................................................
of ................................................................................................................................................................................................
for a licence under section 33 of the Adoption Act for authority to transfer the care and possession
of..................................................................................................................................................................................................
an infant aged ................................................................................................, having been born as far as can be ascertained
on the ........................................................................................................ day of .................................................., 19 ..........,
to ................................................................................................................................................................................................
resident at ......................................................;
AND WHEREAS I, the undersigned, am satisfied that all the consents required by section 33 (1) (a) of the said Act have
been given or dispensed with, and am further satisfied by the report of ....................................................................................
that the aforesaid ........................................................................................ is a suitable person to be entrusted with the care
and possession of the said infant, and that the transfer is likely to be for the welfare of the said infant;
AND WHEREAS I am further satisfied that the aforesaid application is made in connection with arrangements which
have been made for the adoption of the said infant by ..............................................................................................................
of ................................................................................................................................................................................................;
NOW THEREFORE I, the undersigned, do hereby grant (subject to the conditions and restrictions set out below) this
licence authorising the care and possession of the said ............................................................................................................
to be transferred to the said ................................ (and I do hereby authorise the making and receipt of payments as follows:
....................................................................................................................................................................................................)
....................................................................................................................................................................................................
........................................................................................ ................................................................................................

Commissioner for Juvenile Welfare

CONDITIONS AND RESTRICTIONS
1. ................................................................................................................................................................................................
2. ................................................................................................................................................................................................

(As amended by No. 53 of 1965)

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

SECTION 37-THE ADOPTION (FORMS) REGULATIONS Government Notice
248 of 1956

Regulations by the Minister

1. These Regulations may be cited as the Adoption (Forms) Regulations. Title

2. Form 1 in the Schedule is hereby prescribed as the form of notice to be given to
the Commissioner for the purpose of paragraph (c) of subsection (5) of section four of the
Act.

Form of notice to
Commissioner under
section 4 (5) (c) of the
Act

3. Form 2 in the Schedule is hereby prescribed as the form of notice to be given to
the Commissioner for the purposes of section twenty-six of the Act.

Form of notice to
Commissioner under
section 26 of the Act

4. The forms hereby prescribed may be used with such variations as the
circumstances of the case may require.

Forms may be varied

SCHEDULE

PRESCRIBED FORMS

FORM 1
(Regulation 2)

THE ADOPTION ACT
THE ADOPTION (FORMS) REGULATIONS

FORM OF NOTICE TO BE SENT TO THE COMMISSIONER FOR JUVENILE WELFARE PURSUANT TO SECTION 4 (5)
(C) OF THE ACT

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

To: The Commissioner for Juvenile Welfare,
Lusaka.
TAKE NOTICE that I, (1) ........................................................................................................................................................
......................................................................................................................................of (2) .....................................................
.............................................................................................................................................. (P.O. Box No. ............................)
a .......................................................................................................................................................... by occupation, intend to
apply for an adoption order in respect of the infant whose particulars are stated below:
Infant's names ............................................................................................................................................................................
Date of birth .............................................................................................................................................. Sex ..........................
Place of birth ..............................................................................................................................................................................
Infant was received into my care on ................................................................................................................................... froM
(3) ................................................................................................................................................................................................

AND FURTHER TAKE NOTICE that I, (1) ..............................................................................................................................
..........................................................................................................................................*(10)propose to make an application
(*(11)have instructed Messrs ......................................................................................................................................................
of ................................................................................................................................................ to make an application) in the
prescribed manner to the *(12)High Court at ..............................................................................................................................
/*Subordinate Court of the ..........................................................................................................................................................
at ................................................................................................................................................................................................
Date.................................................................................. ........................................................................................

Signature
NOTES-

(1) Insert full names in block capitals.
(2) Insert full residential address.
(3) Insert full name of person or agency from whom infant was received and the residential address of such person

or agency.
(4) Insert name and address of solicitors (if any).

_________

*Delete
require

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 2
(Regulation 3)

THE ADOPTION ACT
THE ADOPTION (FORMS) REGULATIONS

FORM OF NOTICE TO BE SENT TO THE COMMISSIONER FOR JUVENILE WELFARE PURSUANT TO SECTION 26
OF THE ACT

To: The Commissioner for Juvenile Welfare, Lusaka.
TAKE NOTICE that I, (1) ........................................................................................................................................................
......................................................................................................................................of (2) .....................................................
....................................................................................................................................................(P.O. Box No. .........................)
a .......................................................................................................................................................... by occupation, not being
the parent, guardian or custodian of (3) ......................................................................................................................................
an infant of the .......................................................................................................... sex, born on the .....................................
day of ............................................................, 19........, at ..........................................................................................................
propose to make arrangements for the said infant to be placed in the care and possession of (4)............................................
whose address is (2)......................................................................................................(P.O. Box No. ...................................)
with effect from the .............................................................................................. day of ............................................., 19........
AND the said (4) ........................................................................................................................................................................
*(13)has/have been informed of *(14)his/her/their responsibility to inform you of any change of residence whilst the said
infant is in *(15)his/her/their care and possession.
Date............................................................................ ............................................................................................

Signature
NOTES-

(1) Insert full names in block capitals.
(2) Insert full residential address.
(3) Insert infant's name in full.
(4) Insert names of both husband and wife if infant is placed with married couple.

*Delete
require

THE ADOPTION RULES

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

ARRANGEMENT OF RULES

Rule

1. Title

2. Interpretation

3. Application

4. Previous application to subordinate court

5. Previous application to High Court

6. Serial number

7. Safeguarding identity of applicant

8. Who are to be served

9. Consents in writing

10. Mode of service

11. Verification by affidavit

12. Guardian ad litem

13. Notice of hearing

14. Secrecy

15. Restriction as to service of orders

16. Duties of guardian ad litem

17. Information to be confidential

18. Presence of parties

19. Cases more fit for the High Court

20. Supervision of infant

21. Notice of further hearing

22. Prescribed officer

23. Costs

24. Safe custody of documents

25. Procedure governing applications

26. Fees, costs and allowances

27. Adoption and interim orders

28. Forms may be varied

FIRST SCHEDULE-Prescribed forms

SECOND SCHEDULE-Additional matters subject to investigation and report by guardian
ad litem

SECTION 38-THE ADOPTION RULES

Rules by the High Court

Government Notices
236 of 1956
497 of 1964

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

1. These Rules may be cited as the Adoption Rules. Title

2. In these Rules, unless the context otherwise requires- Interpretation

"the Court" means the High Court or, as the case may be, a subordinate court of
the first class sitting as a juvenile court, and having jurisdiction under
section ten of the Act;

"the infant" means the child proposed for adoption;

"the petitioner" means the person or persons applying for the adoption.

3. An application to the High Court or to a subordinate court for an adoption order
shall be made by a petition in Forms 1 and 2 respectively in the First Schedule.

Application

4. If in the case of an application to a subordinate court it appears that the
petitioner has previously made an application for an adoption order in respect of the same
infant to any court other than a subordinate court, the Court shall not entertain the appeal;
and if it appears that the petitioner has previously made an application for such an order
to a subordinate court, the Court shall not entertain the application unless it is satisfied
that there has been a substantial change in the circumstances since the previous
application.

Previous application to
subordinate court

5. If it appears to the High Court that the petitioner has previously made an
application for an adoption order in respect of the same infant to the High Court, the
application shall not be proceeded with unless the Judge is satisfied that there has been a
substantial change in the circumstances since the previous application.

Previous application to
High Court

6. If any person proposing to apply to the High Court or subordinate court for an
adoption order desires that his identity should be kept confidential he may, before filing a
petition, apply to the Registrar of the High Court or clerk of the court, as the case may be,
for a serial number to be assigned to him for the purposes of the proposed petition, and
the Registrar or clerk of the court shall assign such a number to him accordingly.

Serial number

7. Unless it appears from the petition or is otherwise shown to the satisfaction of
the Court, that the petitioner does not desire that his identity should be kept confidential,
the proceedings shall be conducted with a view to securing that he is not seen by or made
known to any individual being a respondent to the proceedings (other than the infant or
the spouse of the petitioner); and in particular the Court shall direct that the petitioner
(unless his attendance is dispensed with under rule 18) shall attend and be heard and
examined separately and apart from any such respondent.

Safe-guarding identity
of applicant

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

8. The petition shall be served on-

(a) the parent or parents of the infant;

(b) the guardian or guardians of the infant;

(c) the person or persons having the actual custody of the infant; and

(d) the person or persons liable to contribute to the support of the infant;

but the Court may in its discretion dispense with service on any of those persons, and may
in its discretion order the petition to be served on any other person.

Who are to be served

9. Every consent required under section four of the Act shall be in writing and shall
be in accordance with the form of consent as set out in Form 3 in the First Schedule and
shall be attested by a magistrate.

Consents in writing

10. Every petition, notice or other document required to be served by these Rules
shall be served by being posted in a prepaid registered envelope addressed to the person
to be served, unless the Court otherwise directs, and shall, at the expiration of such period
of time as may to the Court seem proper from the time of posting, be deemed to have
been served, unless the contrary appears. The service of every petition, notice or other
document not served by the Court shall be verified by affidavit, unless the Court otherwise
directs.

Mode of service

11. The petition shall, as to all its paragraphs, be verified by affidavit and there
shall be annexed to the affidavit all certificates, consents and other documents necessary
for proving the averments in the petition.

Verification by affidavit

12. The infant shall be a respondent to the petition and, as soon as practicable
after the filing of the petition, the Court shall appoint a guardian ad litem to the infant and
the Court shall thereupon cause the petition and all documents annexed thereto to be
served on the guardian ad litem.

Guardian ad litem

13. When a guardian ad litem has been appointed, the Court shall appoint a day
for the hearing of the petition and shall give notice to all parties, including the guardian ad
litem, of the day so appointed. The notice shall be served not less than seven clear days
before the day appointed for the hearing and shall be in accordance with Form 4 in the
First Schedule.

Notice of hearing

14. All documents filed in the Court shall be confidential and shall be kept secret
by the Court. Every petition and every application shall be heard and determined in
camera.

Secrecy

15. No copy or duplicate of any order or any extract therefrom made by the Court
shall be given to or served upon any person other than the petitioner and the
Registrar-General, unless the Court otherwise directs.

Restriction as to
service of orders

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

16. (1) It shall be the duty of the guardian ad litem to investigate as fully as possible
all the circumstances of the infant and the petitioner and all other matters relevant to the
proposed adoption with a view to safeguarding the interests of the infant, and in particular
it shall be his duty to include in his investigation the following questions:

Duties of guardian ad
litem

(a) whether the statements in the petition are true;

(b) whether any payment or other award in consideration of the adoption has
been received or agreed upon, and whether it is consistent with the welfare
of the infant;

(c) whether the means and status of the petitioner are such as to enable him to
maintain and bring up the infant suitably, and what right to or interest in
property the infant has;

(d) what insurance, if any, has been effected on the life of the infant;

(e) whether it is desirable for the welfare of the infant that the Court should be
asked to make an interim order or to impose, in making an adoption order,
any particular terms or conditions or to require the petitioner to make any
particular provision for the infant.

(2) The guardian ad litem shall make inquiries as to all matters alleged in the
petition and as to the Additional Matters specified in the Second Schedule and report to
the Court upon them. It shall also be his duty to attend the Court whenever required for
the purpose and on the hearing of the petition.

17. The guardian ad litem, and, where a body of persons is appointed guardian ad
litem, any officer or agent of that body, shall regard all information obtained in the course
of the investigation or otherwise in relation to the matter as confidential and shall not
divulge any part of it to any person save as may be necessary for the proper execution of
his duty.

Information to be
confidential

18. The Court may refuse to make an adoption order or an interim order unless all
parties, including the infant, attend before the Court, but it shall have power in its
discretion to dispense with the attendance of any party, including the infant; and the Court
may direct that any of the parties shall attend separately and apart from the others, or that
any party, including the infant, shall be interviewed privately by the Court or its officers.

Presence of parties

19. If, owing to special circumstances, an application appears to a subordinate
court to be more fit to be dealt with by the High Court, it may on that ground expressly
refuse to make an order, and shall transmit the petition together with all other documents
relating to the application to the High Court, and the High Court may proceed to hear and
determine the application as if the application had been commenced before the High
Court.

Cases more fit for the
High Court

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

20. An interim order may provide for the supervision of the infant by the guardian
ad litem or otherwise as the Court may think fit.

Supervision of infant

21. Where the determination of an application is postponed and an interim order
made, the petitioner shall, at least thirty days before the expiration of the date specified in
the interim order, apply for the final determination of the application. The Court shall
thereupon fix a time for the further hearing of the application and issue to every
respondent a notice in Form 7 in the First Schedule.

Notice of further
hearing

22. The Registrar of the High Court or a clerk of the court of a subordinate court
shall be the prescribed officer for the purpose of subsection (5) of section twelve of the
Act, and, upon the making of an adoption order, the prescribed officer shall forward a
sealed copy thereof together with a copy of the petition to the Registrar-General in a
registered, postal envelope marked "confidential".

Prescribed officer

23. The Court may make such orders as to costs as it shall think fit and may direct
the costs to be taxed according to such one of the scale of costs applicable to actions in
the High Court or subordinate court, as the case may be, as the Judge or magistrate shall
determine. The Court may direct that all the costs of an application under the Act shall be
borne and paid by the petitioner.

Costs

24. The Court shall keep in a place of special security all documents whatsoever
relating to any application or order made under the Act.

Safe custody of
documents

25. Subject to these Rules, the High Court Rules and the Subordinate Courts (Civil
Jurisdiction) Rules respectively shall apply to proceedings under the Act so far as they are
applicable.

Procedure governing
applications.
Cap. 27
Cap. 28

26. Subject to these Rules, the fees to be taken and charged in respect of
proceedings under the Act, and the costs, witnesses' expenses and travelling allowances
to be allowed in such proceedings shall be, so far as may be applicable, the same as
those prescribed for the time being by the High Court Rules and the Subordinate Courts
(Civil Jurisdiction) Rules respectively.

Fees, costs and
allowances
Cap. 27
Cap. 28

27. Forms 5 and 6 respectively in the First Schedule shall be used in making an
adoption order and an interim order respectively.

Adoption and interim
orders

28. The forms in the First Schedule shall be used with such variations as the
circumstances may require.

Forms may be varied

FIRST SCHEDULE

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

PRESCRIBED FORMS

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 1
(Rule 3)

THE ADOPTION RULES
PETITION

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

In the High Court for Zambia.
In the matter of A.B. ............................................................... an Infant

and
In the matter of the Adoption Act.
To: A Judge of the High Court.
The Petition of C.D. ...................................................... of ................................................ (and E.D. .................................
(born) .................................... his wife of the same address)
SHOWETH.-
1. Your Petitioner(s) is (are) desirous of adopting the said A.B. ............................. ................................... under the
provisions of the Adoption Act.
2. Your Petitioner(s) is (are) resident at ..........................................................................................................................
..............................................................................................................................................................................................
3. Your Petitioner C.D. .............................................................................. is unmarried (was married to your Petitioner
E.D. ..................................................................................... at ........................................ on the ................................ day of
............................, 19........).
4. Your Petitioner is by occupation a ..............................................................................................................................
...............................................................................................................................................................................................
5. Your Petitioner C.D. ................................................. is .................................... years of age and your Petitioner E.D.
.............................................................................................. is ................................... years of age.
6. Your Petitioner(s) has (have) resident with him (them) the following persons,
namely ..................................................................................................................................................................................
7. Your Petitioner C.D. ........................................ (E.D. ............................................) is related to the said A.B.
...................................................................................... as follows .....................................................................................
(or, Your Petitioner(s) is not (are not nor is either of them) related to the said A.B. ..................................................).
8. The said A.B. is-

(a) of the .................................................. sex;
(b) unmarried;
(c) a child of ................................................... and .......................................... both of ...........................................
(d) resident in Zambia;
(e) .................................. years of age, having been born on the ........................ day of........................... 19.........,

at......................................................
(f) resident at .................................................................................................................
(g) now in the actual custody of .......................................................... of ...............................................................
(h) under the guardianship of ...................................................... of .........................................................................
(i) is entitled to the following property, namely............................................................................................................

9. ................................................................................ of ..........................................................................................
(and .......................................................... of ........................................................) is (are) liable to contribute to the support
of the said A.B. ..................................................
10. The said A.B. ................................................................... has not been the subject of an adoption order or of an
application or petition for an adoption order save that (state order and application or petition, if any).
11. Your Petitioner(s) undertakes (undertake) if an order is made on this Petition, to make for the said A.B.
............................................................... the following provision, namely .............................................................................
.............................................................................................................................................................................................
Your Petitioner(s) will, if required, secure the above provision by bond or otherwise as the Court may require.
12. Consents to the making of an adoption order have been obtained from the following persons and are annexed
hereto, namely:

(a) (Parents)
(b) (Guardian)
(c) (Actual custodian of Infant)
(d) (Person or persons liable to contribute to support of Infant)
(e) (Spouse of Petitioner)

13. Your Petitioner(s) has not (have not has either of them) received agreed to receive, and no person has made or
given or agreed to make or give to the Petitioner(s) (or either of them) any payment or reward in consideration of the
adoption of the said A.B. ..................................... (except as follows, viz)...................................................................................
....................................................................................................................................................................................................
....................................................................................................................................................................................................
14. It is proposed that the costs of this Petition shall be provided for as follows, namely: ..................................................
....................................................................................................................................................................................................

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 2
(Rule 3)

THE ADOPTION RULES
PETITION

In the Subordinate Court of the First Class
Holden at .........................................
In the matter of A.B ..................................................................................................................................................an Infant

and
In the matter of the Adoption Act.
To: The Magistrate of the said Court.

(the same as in Form 1)
_________

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 3
(Rule 6)

THE ADOPTION RULES
CONSENT TO ADOPTION ORDER

In the matter of a Petition by ..................................................................................................................................................
of .................................................................................................................................................................... to the High Court
(or to the Subordinate Court of the First Class at ....................................................................................................................)
for an order for the adoption of an Infant named ........................................................................................................................
I, the undersigned, ................................................................................................................................................................
of ...................................................................................... being-

(a) the father of the Infant;

(b) the mother of the Infant;

(c) the guardian of the Infant;

(d) a person liable to contribute to the maintenance of the Infant;
(e) the person (acting on behalf of a body) having parental rights in respect of the Infant or liable to contribute to the

maintenance of the Infant; or
(f) the spouse of the Petitioner;

hereby state as follows:
(1) I understand that the effect of an adoption order is to deprive a parent or guardian of all rights in respect of the

maintenance and upbringing of the Infant:
(2) I understand that when the Petition for an adoption order in respect of the said

A.B. ............................................................................................................................ is heard by the Judge (or
Magistrate) this document may be used as evidence of my consent to the making of the order unless I have
notified the Court that I no longer consent:

(3) I hereby consent to the making of an adoption order in pursuance of the said Petition (on condition that the
religious persuasion in which the infant is brought up is ...............................................................................):

..........................................................................................
Signature

Signed at ......................................................... on the ..............................................................................................................
by the said .................................................................................................................................................... [who satisfied me
that she fully understands the nature of the foregoing statement and was prepared to surrender her child for adoption].*(16)

Before me (signature) ............................................
(Address) ..............................................................
..............................................................................

Magistrate
* Delete words in square brackets except where the consenting party is the mother of the infant.

_________

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 4
(Rule 13)

THE ADOPTION RULES
FORM OF NOTICE OF DAY APPOINTED FOR HEARING

(Heading as in Petition)
To .................................................................................. of ........................................................................................................
TAKE NOTICE that a Petition has been presented in the above matter praying that an order may be made for the
adoption of the above-named ...................................................................................................................................................
by ........................................................................................ of ......................................... and that ..........................................
of ................................................................................................................................................ has been appointed guardian
ad litem to the said Infant, and that the said Petition will be heard at a Court to be held at......................................................
on the ................................ day of ................................................., 19........,at........................ o'clock in the .................. noon.
.................

..................................................................
Registrar of the High Court

or
Magistrate

_________

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 5
(Rule 27)

THE ADOPTION RULES
ADOPTION ORDER IN RESPECT OF AN INFANT NAMED A.B.

(Hearing as in Petition)
UPON reading the Petition of ................................................................................................................................................
of (full address) .........................................................................................................................................................................
(and of ........................................................................................................ (born) ...................................................... his wife)
(hereinafter called the Petitioner(s)) for an Order under the Adoption Act authorising him/her/them to adopt
A.B. ............................................................................................................................................................................................
an Infant the child/adopted child of .............................................................................................................................................
AND the said A.B. .............................................................................................................................................. (hereinafter
called the Infant) being of the .......................................................................................... sex and never having been married:
AND the Petitioner/one of Petitioners ....................................................................................................................................
having attained the age of twenty-five years and being at least twenty-one years older than the Infant/having attained the
age of twenty-one years and being a relative of the Infant within the meaning of the said Act/being the mother/father of the
Infant:
[AND the names by which the Infant is to be known being ....................................................................................................
....................................................................................................................................................................................................]

[AND it having been proved to the satisfaction of the Court that the Infant is identical with
A.B. ............................................................................................................................................................................................
to whom the entry numbered ..........................................................................................................................and made on the
.................................................... day of ................................................................, 19........, in the Register of Births relates]:
AND the (probable) date of the birth of the Infant appearing to be the ..................................................................................
day of ............................................, 19........., born at .........................................
[AND the infant having been previously the subject of an adoption order dated the ..............................................................
day of ............................................., 19........, of which particulars are entered in the Adopted Children Register]:
AND all the Consents required by the said Act being obtained or dispensed with:
IT IS ORDERED that the Petitioner/Petitioners be authorised to adopt the Infant:
(And the following payment or reward is sanctioned:..............................................................................................................
..................................................................................................................................................................................................):
(And as regards costs it is ordered that ..................................................................................................................................
..................................................................................................................................................................................................):
AND it is directed that the Registrar-General shall make in the Adopted Children Register an entry recording the
adoption:
(And it is further directed that the Registrar-General shall cause the said entry in the Register of Births to be marked with
the word "Adopted"):
(And it is further directed that the Registrar-General shall cause the previous entry in the Adopted Children Register
relating to the Infant to be marked with the word "Re-adopted").
Dated this ...................................................................................................... day of ..............................................., 19........

..............................................................
Registrar of the High Court

or
Magistrate

________

FORM 6
(Rule 27)

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

THE ADOPTION RULES
INTERIM ORDER IN RESPECT OF AN INFANT NAMED A.B.

(Heading as in Petition)
UPON reading the Petition of, etc. (As in the Adoption Order, Form 5, down to and including the paragraph "And all the
Consents required by the said Act being obtained or dispensed with").
IT IS ORDERED that the determination of the Application be postponed, and the custody of the Infant be given to the
Petitioner(s) for a period ending on the ..................................... day of ............................................., 19........, by way of a
probationary period, upon the following terms, namely: .......................................................................................................
................................................................................................................................................ and that the Petitioner(s) shall
at least thirty days before that date, apply for the final determination of the Petition.
As regards costs it is ordered that...........................................................................................................................................
....................................................................................................................................................................................................

..............................................................................
Registrar of the High Court

or
Magistrate

________

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

FORM 7
(Rule 21)

THE ADOPTION RULES
NOTICE OF FURTHER HEARING OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF AN INFANT

NAMED A.B.
Whereas a Petition for an order under the Adoption Act, authorising the adoption of A.B. ......................................................
an Infant of the ................................ sex born on the ..................................................... day of ................................, 19.......,
was made by .............................................................................:
AND WHEREAS ....................................................................................................................................................................
of .............................................................................................................. was appointed guardian ad litem of the said Infant:
AND WHEREAS the determination of the said Petition was postponed and an interim order was made by the
..............................................................................................................................Court holden at ........................................on
the ....................................... day of ...................................., 19.......:
TAKE NOTICE that the said Petition will be further heard before the ....................................................................................
Court holden at ................................................................................ on the ........................... day of ........................., 19.......,
at the hour of .......................................................................................... o'clock in the ....................... noon, and that you may
appear to show cause why the adoption order should not be made.
Dated the ....................................... day of ........................................, 19.........

........................................................................
Registrar of the High Court

or
Magistrate

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

SECOND SCHEDULE

THE ADOPTION RULES
(Rule 16)

ADDITIONAL MATTERS SUBJECT TO INVESTIGATION AND REPORT BY GUARDIAN AD LITEM

PART I

The Petitioner
1. In the case of a joint application, how long the persons concerned have been married.
2. In the case of an application by one only of two spouses-
(a) whether the other spouse consents to the application; and
(b) why he or she does not join in the application.
3. What other children (including adopted children) such persons have.
4. What is the age and sex of all children living in the home of those persons, and what is their relationship to them.
5. What number of living-rooms and bedrooms are contained in the said home, and what is the condition of the home.
6. What are the means of such persons.
7. Whether either of them suffers or has suffered from any serious illness, and whether there is any history of

tuberculosis, epilepsy or mental illness in their families.
8. Whether any person specified in the notice of application as a person to whom reference may be made is a

responsible person and recommends them without reservation.
9. Whether such persons understand that an adoption order is irrevocable and that the order if made will render them

responsible for the maintenance and upbringing of the infant.

PART II

The Infant
10. Whether the infant has any right to or interest in any property.
11. Whether the infant (if of an age to understand the effect of an adoption order) wishes the order to

be made.
12. Whether an order committing the infant to the care of a local authority as a fit person under the

Children and Yong Persons Act, 1933, of the United Kingdom, or a resolution for the assumption
by a local authority of parental rights, is in force in respect of the infant.

PART III

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Parents
13. Whether the mother consents to the adoption and identifies the birth certificate (if any) attached

to the notice of application as the birth certificate of the infant.
14. Whether the father consents to the adoption.
15. If the infant is illegitimate, whether an affiliation order has been made against any person

adjusted to be the putative father of the infant, or an agreement to contribute to the maintenance
of the infant has been made by a person acknowledging himself to be the father of the infant,
and in either case whether that person consents to the adoption.

16. When did the parent or parents part with the infant, and to whom?
17. What are the reasons of the parent or parents for consenting to the adoption order which is

irrevocable, and that the order if made will deprive him or her of all rights in respect of the
maintenance and upbringing of the infant?

19. Where the statement of application requests the Court to dispense with the consent of the
parent, or either of the parents, on the ground that he or she cannot be found, what steps have
been taken to trace him or her.

SECTION 37-THE ADOPTION (FEES) REGULATIONS

Regulations by the Minister

Statutory Instrument
58 of 1994
102 of 1996

1. These Regulations may be cited as the Adoption (Fees) Regulations. Title

2. A person who intends to adopt a child under the Adoption Act shall, before doing
so, pay to the Court a fee as set out in the Schedule.

Fee
Cap. 218

SCHEDULE

(Regulation 2)

PRESCRIBED FEES

Fee Units
Adoption certificate 556
Search fee 14
Alteration of register 9
Affidavit in support of application for Registrar's certificate 14

(As amended by S.I. No. 102 of 1996)

The Laws of Zambia

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

Endnotes
1 (Popup - Popup)
Here set out the arrangements.
2 (Popup - Popup)
If the father or mother is dead this fact should be stated.
3 (Popup - Popup)
If the father or mother is dead this fact should be stated.
4 (Popup - Popup)
Delete if inapplicable.
5 (Popup - Popup)
Here set out the arrangements.
6 (Popup - Popup)
If there are no financial arrangements write "none".
7 (Popup - Popup)
Insert capacity, i.e. parent, guardian or person concerned in making the arrangements for the
adoption.
8 (Popup - Popup)
Here insert the appropriate words, i.e. father, mother, guardian, person having the actual custody, a
person liable to contribute to the support, etc.
9 (Popup - Popup)
Delete whichever is inapplicable.
10 (Popup - Popup)
Delete as required
11 (Popup - Popup)
Delete as required
12 (Popup - Popup)
Delete as required
13 (Popup - Popup)
Delete as required

14 (Popup - Popup)
Delete as required

15 (Popup - Popup)
Delete as required

16 (Popup - Popup)
Delete words in square brackets except where the consenting party is the mother of the infant.