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| Title: | Appraisal of Swaziland's Adoption of Children Act, 1952 |
| Author: | Bhalla, R.S. |
| Year: | 1992 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472) |
| Volume: | 8 |
| Issue: | 1 |
| Pages: | 133-143 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Swaziland - Eswatini Southern Africa |
| Subjects: | customary law family law adoption law Swaziland. Adoption of Children Act (1952) children |
| Abstract: | Swaziland's adoption law is contained in the Adoption of Children Act, 1952. Adoption is also practised under Swazi customary law. The Act recognizes the Swazi customary law of adoption but it has not tried to integrate it. In fact Swazi customary law of adoption is simply concerned with the custody of a child, without affecting status. The child remains the child of its natural parents. Under the Adoption of Children Act, by contrast, a new legal relationship is created and the adoptee is deemed in law to be the legitimate child of the adoptive parent. The author reviews the substantive law of adoption in Swaziland, examining the qualifications of persons who can adopt and who can be adopted and the effects of adoption. He notes the absence of a provision on the question of ascertaining the welfare of the child to be given in adoption, which he considers a serious omission, and discusses the implications of the fact that a properly instituted adoption cannot be terminated. He further notes that since the Adoption of Children Act, 1952 was enacted, he has not come across a single case of adoption. It appears that the traditional system of adoption under Swazi customary law is at present working well and serving a useful purpose. Notes, ref. |