INTERCOUNTRY ADOPTION IN AN AFRICAN CONTEXT: A LEGAL PERSPECTIVE BY

Although it may seem ironic that a policy affecting so few children should engage so much political and social attention, the symbolic significance of intercountry adoption far outweighs its practical import. This fact is partly demonstrated by the polarised views on intercountry adoption, and opinions continue to be divided over the necessity and propriety of the practice. At present, there can be few who would quibble with the fact that African children are attracting an increasing attention from prospective adoptive parents living in other parts of the world. Celebrity adoptions (the adoptions of Angelina Jolie and Madonna) have contributed to this increased interest in African children. While intercountry adoption from African countries is still quite modest compared to adoptions from the top four countries of origin, there are concrete reasons to believe that interest in adoption from African countries will continue to increase. Thus, while Africa is “the new frontier ” for intercountry adoption- it is highly questionable if the continent is equipped to provide its children with the necessary safeguards in respect of the practice. A central thesis of this study was to explore how the best interests of the African child can be upheld in intercountry adoption. In connection with this thesis, a number of related research questions were raised, such as: does the African context present any peculiar situations that are relevant to intercountry adoption? Does the African Children’s Charter (ACRWC) add any value t