Confidentiality runs through the whole of the Adoption of Children Act (Chapter 275), but five provisions carry most of the weight.
Section 14 — supplemental procedure
(1) On the completion of the hearing, the Judge shall —
(a) seal in an envelope all applications, reports and other documents that contain any information as to the identities of the child and of the parents and guardians, and cause the envelope to be delivered to the Director; and
(b) cause to be handed to the applicants an abridged copy of the order, as nearly as possible in the prescribed form.
(2) The Director has the custody of any envelope so delivered, and except by leave of a Judge no person may inspect any application, report or other document contained in it.
(3) Except by leave of a Judge no person may inspect a full copy of an adoption order.
A full adoption order contains, so far as practicable, the names of the child’s natural parents — see section 59(2)(b). Handing that to the adopters would defeat the anonymity the scheme is built on.
So the adopters receive an abridged copy, sufficient to prove the adoption, while the identifying material goes into the sealed envelope in the Director’s custody.
Both subsection (2) and subsection (3) require leave of a Judge before anything sealed, or a full order, may be inspected. That is the only key.
Section 62 — in camera
An application under this Act shall not be heard in open court, and persons who are not parties to the proceedings or their lawyers or representatives shall, except as otherwise permitted by the Court, be excluded during the hearing.
Section 62 is mandatory: shall not be heard in open court. There is no discretion to sit publicly.
Compare section 95(2) of the Lukautim Pikinini Act 2015, under which a Family Court hearing may be held in camera; and section 92 of the Matrimonial Causes Act (Chapter 282), under which a matrimonial cause is heard in open court unless special circumstances justify exclusion.
Adoption is the most closed of the three, because the entire purpose is that the two families never learn each other’s identity.
Section 63 — an offence to let identities slip
A person who —
(a) conducts any arrangement for or relating to the adoption, here or elsewhere, of a child in respect of whom a general consent has been given; or
(b) signs, or files in a court, any document relating to the hearing of an adoption application; or
(c) attests or authenticates a general consent, whether for use here or elsewhere; or
(d) appears before the Court in connection with such a hearing,
and fails to take, so far as is practicable, such steps as are necessary to ensure that the identities of the child and his parents are not revealed to the adopters, and that the identities of the adopters are not revealed to the parents, is guilty of an offence.
Penalty: a fine not exceeding K400.00 or imprisonment for a term not exceeding six months.
Section 63 does not merely prohibit disclosure. It imposes a positive duty to take steps — on the person arranging the adoption, on anyone signing or filing a document, on the witness to a general consent, and on anyone appearing in court.
The protection runs both ways: parents’ identities from adopters, and adopters’ identities from parents.
Note that paragraphs (a) and (c) apply where a general consent has been given — the anonymous kind under section 16(1). Where the consent is under section 16(2) — in favour of a relative — anonymity is neither possible nor intended.
Sections 64 and 65
Except as the Court otherwise orders, a report to the Court under section 9 shall not be made available to any person, including a party to the proceedings.
Except as provided by the regulations, the records of proceedings under this Act shall not be open to inspection.
Ordinarily a party is entitled to see the material a court acts on. Section 64 excludes even a party from the Director’s report — unless the Court otherwise orders.
The report is required by section 9(1) before any adoption order may be made, and it will contain information about the child, the birth family and the applicants. Disclosing it to the parties would defeat section 63.
The Court retains the power to order disclosure where fairness requires it — important where an application is contested and a person has been joined under section 11 to oppose it.
Sections 66 to 69
| Section | Effect |
|---|---|
| 66 | The Director, or a person appointed by the Director, may appear at the hearing, address the Court and call, examine and cross-examine witnesses |
| 67 | The Director may delegate in writing all or any powers and functions, except the power of delegation |
| 68 | The Court may act on any statement, document, information or matter that may assist it, whether or not it would otherwise be admissible in evidence |
| 69 | A document purporting to be the original, or a certified copy or extract, of an order effecting an adoption may be received as evidence of the matters stated in it |
The Court may act on material that would otherwise be inadmissible. That is consistent with the inquiry being about a child’s welfare rather than a contest between parties — and with section 5, which makes the welfare and interest of the child the paramount consideration for all purposes of Part III.
Section 69 is the practical answer to confidentiality: because records are closed, an adopted person proving their status produces the order or a certified copy, and section 59 ensures the Registrar General holds particulars of every adoption order and of every order under sections 13, 33 and 35.
Confidentiality is reinforced by section 45, which makes it an offence to publish the name of an applicant, the child, or a parent or guardian — or any matter reasonably likely to enable any of them to be identified. And section 10(2) begins the protection at the outset: a notice of the application shall not specify the name or names of the applicants or identify them.
Sources
- Adoption of Children Act (Chapter 275) — ss 5, 9–11, 13, 14, 16, 33, 35, 45, 59–69
- Lukautim Pikinini Act 2015 — ss 95, 96
- Matrimonial Causes Act (Chapter 282) — ss 92, 95
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.