Adoption

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What is adoption?
Adoption is the process where a person applies in court to become legally accepted as the parent of a child.

Who can adopt a child?

  • A prospective parent must be at least twenty five (25) years of age in order to proceed with the adoption of a child.
  • A husband and his wife jointly.
  • A widower or widow or unmarried or divorced person.
  • A married person who is separated from his or her spouse by judicial decree.
  • A child of sixteen (16) years of age can only be adopted by parents who are at least twenty five (25) years older than that child.
  • A married person whose spouse, as at the time of the adoption, has been suffering from mental illness for a continuous period of more than seven years immediately preceding that time.
  • A person cannot adopt a child twenty five (25) years younger than their own selves unless the child is of the same sex as the adoptive parent.
  • As an exception to the above rules:
  • A widow or widower or unmarried or divorced person may adopt his/her biological child who was previously adopted by any person under the Act, whether or not he or she is under the age of twenty five (25) years or is less than twenty five (25) years older than the child.
  • A married couple may adopt a biological child of one of them even though they are under the age of twenty five (25) years and the child is sixteen (16) years or more. The husband, however, must be at least fifteen (15) years older than the child of his wife and the wife must at be at least ten (10) years older than the child of the husband.

What is the process of adopting a child?

  • The individuals and families interested in adopting children in Botswana must submit a written application to the Civil Registry at the Magistrate’s court.
  • Adoption of a child is ordered by any magistrate court in the district in which the adopted child resides on the application of the adoptive parent(s).
  • The application must be accompanied by a report of a social welfare officer which gives background information on all the affected parents and further confirms that the adoptive parents are qualified to adopt the child. This investigation and report by a social welfare officer can be requested at the Civil Registry at the Magistrate’s Court.
  • At the Magistrate’s Court, applicants can submit their request papers and attach the required documentation (described below).

What documents are required?

  • Potential parents must submit the following documentation at the Magistrate’s court:
  • Certified copy of their National Identity Card (Omang),
  • Certified copy of the birth certificate for the child being adopted,
  • If the adoptive parents are married, a certified copy of the marriage certificate,
  • Proof of income (e.g. current pay slip, contract),
  • Assessment by a social welfare worker of the parents’ capabilities and home environment.

How long will this service take?
The adoption process can vary based on the time taken to complete applications and a social welfare officer visit.

How much does it cost?
A court fee of BWP 60.00 applies to processing adoption applications, whether successful or not.

GLOSSARY

“Adopted Child” means a child adopted under this Act;

“Adoptive Parent” means a person who adopts or has adopted a child under this Act;

“Child” means a person under the age of 18 years;


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THE CLAIMS PROCEDURE

Claims go through a lifecycle to reach a final outcome. Consult your Membership Agreement for detailed information on what your policy covers.

Members will receive progress updates throughout the lifetime of the claim.

STEP 1

VISIT YOUR BRANCH

The Member is first assisted at the Branch and all internal remedies must be exhausted.

Once all internal remedies are exhausted and the matter cannot be settled or resolved by our para-legals or Legal Counsellors (in House Attorneys), the matter is then referred to an Attorney.

STEP 2

REFERRAL TO AN ATTORNEY

The Member signs documents at the referral stage, usually at the Branch. The referral is emailed to the attorney and a copy sent to the Member.

The attorney will contact the Member and consult with the Member and then submit a claim to the LegalWise Claims Department.

STEP 3

CLAIM PROCESSING

The Claims Department will liaise with the Attorney – and Member (if needed). Thereafter, the claim will either be covered or rejected.

If it is covered, the Attorney will continue with the matter subject to terms and conditions and the Claims Department will check on progress of the claim.

CHANGING OF ATTORNEYS

We do not pay Legal Expenses duplicated by changing Lawyers or incurred because the Member does not co-operate with the Lawyer handling a Matter.
In the event of such matters, We shall assess our liability carefully

*Terms and conditions apply


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