GULU UNIVERSITY

NAME: AMOLA ARTHUR ISAAC

REG No: 18/U/1802/GBL/PS

COURSE UNIT: FAMILY LAW II

LECTURER: Dr. HOPE AMONG

 ADOPTION AND LEGAL GUARDIANSHIP

EXAMINING THE IMPACT OF CORONAVIRUS ON ADOPTION

AND LEGAL GUARDIANSHP

Table of Contents
CHAPTER ONE.................................................................................................2
1.0 GENERAL INTRODUCTION..................................................................2
1.1 Background on adoption.......................................................................2
1.1.2 Legal Considerations............................................................................2
1.2 STATEMENT OF PROBLEM..................................................................3
1.3 OBJECTIVE OF THE STUDY.................................................................4
1.4 PURPOSE OF STUDY............................................................................4
1.5 LITERATURE REVIEW.......................................................................4
CHAPTER TWO................................................................................................7
INTRODUCTION...............................................................................................7
2.0 LEGAL GUARDIANSHIP...........................................................................7
BIBLIOGRAPHY...............................................................................................9
 CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 Background on adoption.
Adoption is the creation of a relationship by judicial order between two parties
who usually are unrelated1 unifying a bond between the two. Justice Remy
Kasule modifies Adoption in the case of Ayat Joy v Genevieve Obonyo 2 as a
creature of life longing relationship of parenthood between child and adopter
enlightening the desirous parents, chances to become parents and experience
family growth.

Prerequisites of Adoption are illustrated by Lady Justice Percy Night Tuhaise in

the case of Re a M (a minor)3 giving priority to age as a primary concern while
restricting persons below the age of 25years to have the capacity of adopting a
child. Much emphasis restricts male applicants adopting a female child alone
while fostering should’ve lasted more than 36 months as the basic interest of
the child is paramount.

1.1.2 Legal Considerations

Coronavirus is a virus spreading through droplet infections from person to
person through coughing, sneezing, and human contact with contaminated
surface especially in crowded places causing illness. 4 This exposes a sense of
fear and anxieties impacting on the mental health of children affecting social
work practices furthering vulnerabilities of children with euphuism of creating
a parent to child relationship by judicial order. 5
1
Black’s law Dictionary 8th Edition by Bryan A. Garner Editor in Chief page 52
2
Adoption Cause No 52 of 2005
3
Adoption Cause No 12 of 2017
4
www.health.go.ug/covid/about Accessed on 16th November 2020
5
Park , M., Thwaites, R. S., Open Shaw, P. J. M. (2020) ‘COVID-19: Lessons
from SARS and MERS’, European Journal of Immunology 50 (3): 308-11
Accessed on 21st December 2020
Furthermore, Domestic and Inter-country Adoption are sighted as the possible
methods of adoption. Adoption interstate recognizes the adoption of a child
born within the same jurisdiction as the family partaking to adopt child 6
reserving jurisdiction by court to grant custody. 7 However, Inter-country
Adoption also implies to the social and legal process whereby a child in one
country is permanently placed with a family outside the origin of the child. 8 As
a matter of fact, Justice Odoki in the case of Re M (an infant)9 emphasizes
that the adoptive parents must’ve stayed for at least one year discrediting
temporary presence.

1.2 STATEMENT OF PROBLEM

In spite the fact that basic interest of a child is paramount, coronavirus reveals
the loopholes rendered towards adoption. This is quite alarming as
homophobic sentiments cloud our mindsets with argumentative figures being
made against children living with homosexual couples as unstable or subjected
to harassment from their peers.10 Analysis recorded by Nicholas Opio, a
Human Rights Activist advocates for the right of fairness and equality
regardless of their sexuality11 while emphasizing on prohibition against
homosexual acts as an unnatural offense. 12 Nevertheless, this clouds the
guidance of the right to marry as a fundamental initiative to create a family 1314
with preposterous comments made by society.
6
www.adoptionstogether.org/adopting/adopt Accessed on 28th December 2020
7
Section 44 of the Children’s Act
8
https://resourcecentre.savethechildren.net/sites/default/files Accessed on
28th December 2020
9
Civil Appeal No 22 of 1994
10
Globalpressjournal.com/Africa/ug/Ugandan-parents-denied-adoptions-
sexuality/ Accessed on 28th December 2020
11
Article 21 of the 1995 Constitution of Uganda
12
Section 145 of the Penal Code Act
13
Article 31 (4) of the 1995 Constitution of Uganda
1.3 OBJECTIVE OF THE STUDY
To examine the impact of coronavirus on Adoption and legal guardianship.

1.4 PURPOSE OF STUDY

The researcher seeks to examine what impact coronavirus has had on Adoption
and legal guardianship while discussing the motive behind Inter-country
Adoption used as a tool of child trafficking through exchange of children from
poor nations to rich nations in order to meet the demand of those in rich
nations for children.15

1.5 LITERATURE REVIEW

Lockdown restrictions sights an increase in the number of unregistered
homes16 exposing Inter-country Adoption as a business model to finding
children for families rather than families for children. 17 Justice Odoki in his
dictum in the case of Re M (an infant)18 portrays, ‘Temporary presence does
not make one resident neither does temporary absence deprive a person
residence’. Evidence reaching my desk manifests Ugandan Justices as a case
study through absconding into bribes as a scam of seeing young children

14
Monitor.co.ug/Uganda/news/national/we-shall-never-accept-homosexuals-
ntagali-1876980 Accessed on 28th December 2020
15
https://scholar.valpo.edu/cgi/viewcontent.cgi%3Farticle%3D1252 Accessed
on 29th December 2020
16
https://amp.theguardian.com/global-development Accessed on 21st
December 2020
17
Rotabi, K.S., Bromfield, N. F. 2017 from Inter-country Adoption to Global
Surrogacy: A Human Rights History and New Fertility Frontiers. Abingdon:
Routledge
18
Civil Appeal No 22 of 1994
removed from their families and placed into a corrupt network 19 endangering
the basic interest of the child.

International flights having ceased closes borders to non-citizens as children

already matched with prospective parents but still in countries of origin face
delays due to travel restrictions.20 This is illustrated in the case of J v C21
where court notes that the interest of the child is paramount amidst any
circumstance. Justice Owiny Dollo in his dictum contrasts this in the case of
David Twesigye (an infant)22 stating, ‘If it is shown that vesting the child to
adoptive parents is satisfactory, this amounts to interest.’ It should also be
noted that the closure of courtrooms and clinics makes it difficult to transfer a
child between households condemning them to institutions longer than
planned.23 As a result, Mediation and collaborative law are some of the
measures put in place to speed up Adoption through allowing parties to tailor
the process and outcome fitting in their schedule.

The increasing rate of new infections is crippling the Health institution and
foster careers isolating strategies put in place to cub the virus 24 neglects the

19
www.monitor.co.ug/uganda/news/national/ugandan-judges Accessed on
21st December 2020
20
https://travel.stage.gov/content/travel/en/News/Intercountry-Adoption-
News/strongly-recommend-deferral-of-adoption-travel-to-china.html Accessed
on 21st December 2020
21
[1970] AC 668
22
HCMA No 0004 of 2008
23
https://edition.cnn.com/2020/06/14/world/adopted Accessed on 24th
December 2020
24
Shen K., Yang Y., Wang T., Zhao D., Jiang Y., Jin R., Zheng Y., Xu B., Xie Z.,
Lin L., Shang Y., Lu X., Shu S., Bai Y., Deng J., Lu M., Ye L., Wang X., Wang
Y… Diagnosis, Treatment, and Prevention of 2019 Novel Coronavirus Infection
in Children: Experts’ Consensus Statement. World Journal of Pediatrics: WJP;
initiative of fostering children over 36month. 25 This is because Adoption
practitioners are too familiar with anxieties and frustration of prospective
parents and eagerness for a quick problem under normal circumstances 26
relenting the core of basic needs of a child left in demise as much effort is
drawn towards sustainability. The continuous nightmares of trauma evolving
flashbacks escalates fear instilled into the mindsets of social workers with no
possible solution.27

Access of reliable internet in attaining reliable information on adoption 28 is

quite challenging because some providers may’ve disconnected their services
due to the pandemic. This denies many children the opportunity to enter foster
care substantially depriving normalcy 29 to everyday experiences where they
develop interests and skills through meaningful connections. Research has it
that connections with peers and adult mentors 30 promotes successful outcomes
among youth in care reflects hope for a new generation of child living in foster
care.

2020. Global Pediatric Pulmonology Alliance; page 1-9 Accessed on 22 nd

December 2020
25
Section 45 (4) of Children’s Act Cap. 59
26
Quartly, M., Swain, S., Cuthbert, D. (2013) the Market in Babies: Stories of
Australian Adoption. Clayton: Monash University Publishing Accessed on 21 st
December 2020
27
www.adopt.org/content/thoughtd-impact-covid-19-child Accessed on 23rd
December 2020
28
www.nichq.org/insight/supporting-childrens-health-during-covid-19-
pandemic Accessed on 11th January 2021
29
https://bettercarenetwork.org/sites/default/files/PromotingNormalcyforChil
drenandYouthinFosterCare_0.pdf Accessed on 11th January 2021
30
Taketalks.web.unc.edu/files/2016-CYSR-NMSR.pdf Accessed on 11th
January 2021
 CHAPTER TWO

INTRODUCTION
2.0 LEGAL GUARDIANSHIP

Guardianship refers to a person with loco parentis regarding care and welfare
of a child.31 This is also illustrated in the case of In the matter of Maria
Nalugya an infant32 to mean a process by which court grants an order
appointing a person to be responsible for an infant. Furthermore, a guardian is
expected to take any action which may be desirable on behalf of a minor. 33 The
welfare principle is considered by courts while granting guardianship
restricting only parents with the capacity.34

Income insecurity resulting from lockdown paralyzes the certainty by legal

guardians or next of kin to take parental responsibility of the child affects their
livelihoods.35 This is because the directives did not exonerate small enterprise
businesses leading to timidity with an estimate of about 23% urban guardians
losing 100% of their daily income during lockdown. 36 Lady Justice Percy Night
Tuhaise manifests her decision in the case of In the matter of Namubiru
Jackeline37 that parents owe a duty of care of taking parental responsibility of
children. In as much as some guardians are homeless while others live in
rented and crowded conditions without access to water or proper hygiene

31
Section 1 (k) of the Children’s Act Cap 59
32
HC Miscellaneous Appeal No 775 of 1997
33
In the matter of Nabyama Moses alias Nabyama Abasa Family Cause No 76 of
2011
34
Deborah Joyce Alitubeera & Richard Masaba Civil Appeal No 70 of 2011
35
Article 3 (1) of the International Convention on the Rights
36
https://fsduganda.or.ug/assessing-economic-resilience-of-ugandan-
households-before-Covid/ Accessed on 30th December 2020
37
Family court 203 of 2013
adhering to public measures of social distancing, the basic interest of the child
remains a radar to legal guardianship. 38

Furthermore, domestic violence and abuse of children resulting from lockdown

denies the mobility of love and parental responsibility is quite alarming. 39
Evidence reaching my desk is that an estimate of 80% exposes parents using
violence to refrain children from straying too far from home reveals the
uncertainty and prolonged periods of confinement to homes. 40
This however
falls short of the basic interest of the child. 41 To sum up my endorsed research,
coronavirus exposes loopholes within the Adoption system and legal
guardianship while denying the beauty to see beneath the basic interest of the
child.

BIBLIOGRAPHY
Ayat Joy v Genevieve Obonyo Adoption Cause No 52 of 2005

Re A M (a minor) Adoption Cause No 12 of 2017

Re M (an infant) Civil Appeal No 22 of 1994

J v C 1970 AC 668

David Twesigye (an infant) HCMA No 0004 of 2008

38
H.H.P. Kluge, Z. Jakabi, J. Bartovic, V. D’Anna, S. Severoni, ‘Refugee and
migrant health in the COVID-19 response’, Lancet, 6736 (20) (2020), pp1237
Accessed on 30th December 2020
39
https://amp.theguardian.com/society/2020mar/28/lockdowns Accessed on
20th January 2021
40
https://uganda.savethechildren.net/news/risks Accessed on 30th December
2020
41
In the matter of Re Lawrence Ikeda & Beatrice Ikeda Miscellaneous
Application No 299 of 1993
In the matter of Maria Nalugya an infant HC Miscellaneous Appeal No 775 of
1997

In the matter of Nabyama Moses alia Nabyama Abasa Family Cause No 76 of

2011

Deborah Joyce Alitubeera & Richard Masaba Civil Appeal No 70 of 2011

In the matter of Namubiru Jackeline Family court 203 of 2013

In the matter of Re Lawrence Ikeda & Beatrice Ikeda Miscellaneous Application

No 299 of 1993

1995 Constitution of Uganda Article 21

1995 Constitution of Uganda Article 31 (4)

International Convention of the Rights Article 3 (1)

Children’s Act Cap 59 Section 44

Children’s Act Cap 59 Section 45 (4)

Children’s Act Cap 59 Section 1 (k)

Penal Code Act Section 145

Bryan A. Garner Editor in Chief, Black’s law Dictionary 8th Edition page 52

Park, M., Thwaites, R. S., Open Shaw, P. J. M. (2020) ‘COVID-19: Lessons from
SARS and MERS’, European Journal of Immunology 50 (3): 308-11 Accessed
on 21st December 2020
Rotabi, K.S., Bromfield, N. F. 2017 from Inter-country Adoption to Global
Surrogacy: A Human Rights History and New Fertility Frontiers. Abingdon:
Routledge

Shen K., Yang Y., Wang T., Zhao D., Jiang Y., Jin R., Zheng Y., Xu B., Xie Z.,
Lin L., Shang Y., Lu X., Shu S., Bai Y., Deng J., Lu M., Ye L., Wang X., Wang
Y… Diagnosis, Treatment, and Prevention of 2019 Novel Coronavirus Infection
in Children: Experts’ Consensus Statement. World Journal of Pediatrics: WJP;
2020. Global Pediatric Pulmonology Alliance; page 1-9 Accessed on 22 nd
December 2020

Quartly, M., Swain, S., Cuthbert, D. (2013) the Market in Babies: Stories of
Australian Adoption. Clayton: Monash University Publishing Accessed on 21 st
December 2020

www.health.go.ug/covid/about Accessed on 16th November 2020

www.adoptionstogether.org/adopting/adopt Accessed on 28th December 2020

https://resourcecentre.savethechildren.net/sites/default/files Accessed on
28th December 2020

https://scholar.valpo.edu/cgi/viewcontent.cgi%3Farticle%3D1252 Accessed
on 29th December 2020

https://amp.theguardian.com/global-development Accessed on 21st December

2020

https://travel.stage.gov/content/travel/en/News/Intercountry-Adoption-
News/strongly-recommend-deferral-of-adoption-travel-to-china.html Accessed
on 21st December 2020

www.adopt.org/content/thoughtd-impact-covid-19-child Accessed on 23rd

December 2020
www.nichq.org/insight/supporting-childrens-health-during-covid-19-pandemic
Accessed on 11th January 2021

https://bettercarenetwork.org/sites/default/files/PromotingNormalcyforChildr
enandYouthinFosterCare_0.pdf Accessed on 11th January 2021

Taketalks.web.unc.edu/files/2016-CYSR-NMSR.pdf Accessed on 11th January

2021

https://fsduganda.or.ug/assessing-economic-resilience-of-ugandan-
households-before-Covid/ Accessed on 30th December 2020

https://uganda.savethechildren.net/news/risks Accessed on 30th December

2020

www.monitor.co.ug/uganda/news/national/ugandan-judges Accessed on 21st

December 2020

https://edition.cnn.com/2020/06/14/world/adopted Accessed on 24th

December 2020