Comparative analysis of the legal framework for adoption under African customary law

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Date

2022

Journal Title

Journal ISSN

Volume Title

Publisher

University of the Western Cape

Abstract

While there is a comprehensive legal framework for the adoption of children under statutory law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption. This study explored how the legal framework of these countries provide for customary law adoption. It also examined the extent to which the rights of adopted children are protected, as mandated by international and regional human rights instruments. The study reveals that the legislative framework on adoption in the sampled states does not formally accommodate customary law adoption. Many children in these countries live in rural communities practicing customary law, with the majority of them being born in families that struggle with poverty and gender inequality. The violation of fundamental human rights of children adopted under customary law in some Nigerian communities is treated with contempt.

Description

Magister Legum - LLM

Keywords

African customary law, Comparative law, Adoption, Human rights, Public law

Citation