Thursday, June 27, 2013

Final post on DRC Adoption Law (part 5; 2009 Supplement)

If you have not been following along on this series of posts, then please read this post first.  I had the DRC Family Code (as it pertained to adoption) translated from french and have been slowly putting it up on the blog.  I feel like it is extremely important that we know the law ourselves.  This last part is the May 2009 Supplement.  It is short.  I'm going to leave my comments to a minimum.  Please read my referenced post above.  The rest of the links to the first four posts can be found here.  Please, know the law in DRC!

Article 17:

Every child has the right to a family environment, an ideal situation where his/her material, moral and emotional needs are taken care of for his/her thriving.

Article 18:

Every child has the right to be adopted.  Without prejudice to the provisions of Articles 65- to 691 of the Family Code, adoption of a child by a foreigner may only occur if the competent authorities in the country of origin:
       Certify, after having duly examined the dispositions of the child’s placement in his/her country of origin, that the adoption is in the higher interest of the child;

      Are assured that:
     The consent was not obtained through payment or any sort of compensation and that it was not taken back;
    The wishes and opinions of the child are taken into consideration according to his/her age and level of maturity;
    The consent of the child to the adoption, when required, is given freely, in the legally required forms, and that this consent is given or recorded in writing.

Article 19:

Adoption may only be granted if the competent authorities of the host country can state that:
   The future adoptive parents are qualified and fit to adopt
    The child is authorized to enter and to live in the country permanently.

Article 20:
                  Adoption of a child by a homosexual person or couple, a pedophile, or a person suffering from psychiatric troubles is forbidden.

Article 21:
                  Every child has the right to enjoy the best health possible. This right includes healthcare, breast milk as well as a healthy, sufficient, balanced, and varied diet.

I love the last article (#21)--every child has the right to enjoy the best health possible.  The right includes healthcare, breast milk as well as a healthy, sufficient, balanced, and varied diet. I may not agree with every single part of the adoption law (please see previous four posts), but I sure agree 100% with many of them; especially the very last one.  


Katie said...

Being raised in a safe, loving family is the basic human right of every child. It is tragic that the DRC is not able to provide that right now for all its children, but this is why international adoption is so vital. Thanks for posting!

Holly said...

So glad you enjoyed the posts. I loved going through it myself. I loved the emphasis in Congolese law on family support for each other. And Article 17 stating that every has the right to a family environment is so important. Outside of the adoption laws, there are extensive family laws all about how each person is bound to care for one another. It is amazing and humbling to see this and while living there I also saw again and again families taking in "orphans" and caring for them like their own. It was beautiful watching Congolese families care for the orphan and vulnerable children in their midst. Almost every family we knew or were friends with had children in their home they cared for that were not their own "birth" children. Amazing! And I loved the adoption laws, that adoptive families are by law tied to the birth families. Even to the extent that the adoptive family is supposed to help the birth family if they have no one else to help them. Incredible. I was so humbled by going through their laws and their real emphasis and importance of family. That is why I am so very excited to be a part of helping to reunite children with their families in Congo. So glad you enjoyed the posts.