Independent civic discussion
The Ministry’s announced deadline for official observations is 6 November 2026. Send official submissions to childadopt@govmu.org. A comment here is not automatically sent to the Ministry. Mauritius.name discussion may continue after that deadline.
Government texts are consultation drafts, not enacted law. The independent alternative is a separate proposal by Dave Kissoondoyal LLM, MBA.
Government consultation draft
Child Adoption Bill 2026 - Government Consultation Draft
Domestic and intercountry adoption, the proposed adoption authority, eligibility, matching, monitoring and safeguards.
Download the original Government PDF Comment or propose an amendment
Explanatory memorandum and introductory material
THE CHILD ADOPTION BILL
(No. ….. of 2026)
Explanatory Memorandum
The main object of this Bill is to provide a legal framework for the domestic
adoption and intercountry adoption of children and give effect to the Convention
on Protection of Children and Co-operation, in respect of Intercountry Adoption,
concluded on 29 May 1993, to which the Republic of Mauritius is a signatory.
2. The Bill, inter alia, makes provisions for –
(a) the establishment of the Mauritius Child Adoption Authority which
shall be responsible for matters relating to domestic adoption and
intercountry adoption of children and act as the Central Authority for
the purpose of the Convention on Protection of Children and Co-
operation in respect of Intercountry Adoption;
(b) the principles governing the adoption of children;
(c) monitoring the pre-adoption and post-adoption process and ensuring
the protection of children prior to and after the adoption;
(d) the prospective adoptive parent to possess a certificate of eligibility
and the conditions that they should satisfy for that purpose;
(e) the matching of children with the prospective adoptive parent,
and for matters connected, incidental and related thereto.
M. A. NAVARRE-MARIE
Deputy Prime Minster, Minister of Gender
Equality and Family Welfare
……………………. 2026.
_________________
THE CHILD ADOPTION BILL
(No. ….. of 2026)
ARRANGEMENT OF CLAUSES
Clause
PART I – PRELIMINARY 20. Compliance with Convention
1. Short title 21. Mauritius as receiving State in
2. Interpretation intercountry adoption
3. Application of Act 22. Mauritius as State of origin in
PART II – GENERAL PRINCIPLES intercountry adoption
GOVERNING ADOPTION Sub-Part C – Pre-adoption and Post-
4. Best interests principles adoption Monitoring
5. Other principles applicable in 23. Monitoring of pre-adoption placement
adoption matters 24. Post-adoption monitoring
6. Principle of subsidiarity Sub-Part D – Appeal Committee
PART III – MAURITIUS CHILD 25. Appeal Committee
ADOPTION AUTHORITY 26. Proceedings of Appeal Committee
Sub-Part A – Establishment of PART V – FINANCIAL PROVISIONS
Authority AND ACCOUNTS
7. The Authority 27. General Fund
Sub-Part B – Objects, Functions and 28. Estimates
Powers of Authority 29. Annual report
8. Objects of Authority 30. Audit report
9. Functions of Authority PART VI – MISCELLANEOUS
10. Powers of Authority 31. Access to adoption order or adoption
Sub-Part C – Administration and records
Management of Authority 32. Powers of Minister
11. The Board 33. Protection from liability
12. Meetings and powers of Board 34. Execution of documents
13. Director 35. Exemptions
14. Staff of Authority 36. Donations
PART IV – ADOPTION OF 37. Confidentiality
CHILDREN 38. Offences
Sub-Part A – Procedures and 39. Regulations
Requirements Relating to Adoption 40. Repeal
15. Certificate 41. Consequential amendments
16. Application to Judge in Chambers 42. Transitional provisions and savings
17. List of children who may be adopted 43. Commencement
18. Matching of child with prospective FIRST SCHEDULE
adoptive parent SECOND SCHEDULE
19. Approval of proposed adoption THIRD SCHEDULE
Sub-Part B – Intercountry Adoption FOURTH SCHEDULE
_________________
(No. ….. of 2026)
Explanatory Memorandum
The main object of this Bill is to provide a legal framework for the domestic
adoption and intercountry adoption of children and give effect to the Convention
on Protection of Children and Co-operation, in respect of Intercountry Adoption,
concluded on 29 May 1993, to which the Republic of Mauritius is a signatory.
2. The Bill, inter alia, makes provisions for –
(a) the establishment of the Mauritius Child Adoption Authority which
shall be responsible for matters relating to domestic adoption and
intercountry adoption of children and act as the Central Authority for
the purpose of the Convention on Protection of Children and Co-
operation in respect of Intercountry Adoption;
(b) the principles governing the adoption of children;
(c) monitoring the pre-adoption and post-adoption process and ensuring
the protection of children prior to and after the adoption;
(d) the prospective adoptive parent to possess a certificate of eligibility
and the conditions that they should satisfy for that purpose;
(e) the matching of children with the prospective adoptive parent,
and for matters connected, incidental and related thereto.
M. A. NAVARRE-MARIE
Deputy Prime Minster, Minister of Gender
Equality and Family Welfare
……………………. 2026.
_________________
THE CHILD ADOPTION BILL
(No. ….. of 2026)
ARRANGEMENT OF CLAUSES
Clause
PART I – PRELIMINARY 20. Compliance with Convention
1. Short title 21. Mauritius as receiving State in
2. Interpretation intercountry adoption
3. Application of Act 22. Mauritius as State of origin in
PART II – GENERAL PRINCIPLES intercountry adoption
GOVERNING ADOPTION Sub-Part C – Pre-adoption and Post-
4. Best interests principles adoption Monitoring
5. Other principles applicable in 23. Monitoring of pre-adoption placement
adoption matters 24. Post-adoption monitoring
6. Principle of subsidiarity Sub-Part D – Appeal Committee
PART III – MAURITIUS CHILD 25. Appeal Committee
ADOPTION AUTHORITY 26. Proceedings of Appeal Committee
Sub-Part A – Establishment of PART V – FINANCIAL PROVISIONS
Authority AND ACCOUNTS
7. The Authority 27. General Fund
Sub-Part B – Objects, Functions and 28. Estimates
Powers of Authority 29. Annual report
8. Objects of Authority 30. Audit report
9. Functions of Authority PART VI – MISCELLANEOUS
10. Powers of Authority 31. Access to adoption order or adoption
Sub-Part C – Administration and records
Management of Authority 32. Powers of Minister
11. The Board 33. Protection from liability
12. Meetings and powers of Board 34. Execution of documents
13. Director 35. Exemptions
14. Staff of Authority 36. Donations
PART IV – ADOPTION OF 37. Confidentiality
CHILDREN 38. Offences
Sub-Part A – Procedures and 39. Regulations
Requirements Relating to Adoption 40. Repeal
15. Certificate 41. Consequential amendments
16. Application to Judge in Chambers 42. Transitional provisions and savings
17. List of children who may be adopted 43. Commencement
18. Matching of child with prospective FIRST SCHEDULE
adoptive parent SECOND SCHEDULE
19. Approval of proposed adoption THIRD SCHEDULE
Sub-Part B – Intercountry Adoption FOURTH SCHEDULE
_________________
43 clauses available
Clause 1 - Short title
1. Short title
This Act may be cited as the Child Adoption Act 2026.
This Act may be cited as the Child Adoption Act 2026.
Clause 2 - Interpretation
2. Interpretation
In this Act –
“accredited adoption agency” means an adoption agency which is certified
by the Central Authority of a Contracting State as being an accredited
adoption agency;
“adoptee” means a child who is the subject of an adoption order;
“adoption” means a domestic adoption or an intercountry adoption;
“adoption order” means an order, for the adoption of a child, made by a
the Judge in Chambers or in another Contracting State;
“adoption records” means the records relating to an adoption, which are in
the custody of the Authority;
“adoptive parent” means a person who adopts a child;
“Appeal Committee” means the ad hoc Appeal Committee set up under
section 25;
“authorised officer” –
(a) means an employee of the Authority, designated as such by the
Director; and
(b) includes the Director;
“Authority” means the Mauritius Child Adoption Authority established
under section 7;
“Board” means the Board of the Authority referred to in section 11;
“Central Authority”, for the purposes of the Convention and intercountry
adoption, means –
(a) in the case of Mauritius, the Authority;
(b) in the case of any other Contracting State, the Central Authority
designated as such by that State;
“certificate” means a certificate of eligibility and suitability to adopt a child;
“certificate of conformity” means a certificate issued pursuant to Article
23 of the Convention, certifying that an adoption has been made in
accordance with the Convention;
“child” has the same meaning as in the Children’s Act 2020;
“Contracting State” means a State which has –
(a) ratified the Convention; or
(b) acceded to the Convention, provided Mauritius has not raised an
objection to its accession under Article 44(3) of the Convention;
“Convention” means the Convention on Protection of Children and Co-
operation in respect of Intercountry Adoption, concluded on 29 May 1993;
“Director” means the Director of the Authority under section 13;
“domestic adoption” means the adoption of a Mauritian child resident in
Mauritius, by a person specified in section 18;
“family member”, in relation to a child –
(a) means a grandparent, brother, sister, uncle, aunt or cousin of the
child, and any other biological relative within the fifth degree of
kinship; and
(b) includes the spouse of a biological parent;
“harm” has the same meaning as in the Children’s Act 2020;
“intercountry adoption” means the adoption or proposed adoption of a child
who has resided in a Contracting State for a period of at least one year
prior to the proposed adoption, by an adoptive parent or a prospective
adoptive parent who have resided in another Contracting State for a period
of at least one year prior to the proposed adoption;
“kinship adoption” means the adoption of a child by a family member;
“member” means a member of the Board;
“Minister” means the Minister to whom responsibility for the subject of
welfare of children is assigned;
“Ministry” means the Ministry responsible for the subject of welfare of
children;
“parents”, in relation to a child, means his biological mother and father;
“prospective adoptee” means a child who may be the subject of an
adoption;
“prospective adoptive parent” means any person who wishes to adopt a
child;
“receiving State”, in relation to intercountry adoption, means the State
where an adoptive parent or prospective adoptive parent resides;
“State of origin”, in relation to intercountry adoption, means the State
where a child resided prior to his adoption or resides at the time of his
proposed adoption;
“supervising officer” means the supervising officer of the Ministry.
In this Act –
“accredited adoption agency” means an adoption agency which is certified
by the Central Authority of a Contracting State as being an accredited
adoption agency;
“adoptee” means a child who is the subject of an adoption order;
“adoption” means a domestic adoption or an intercountry adoption;
“adoption order” means an order, for the adoption of a child, made by a
the Judge in Chambers or in another Contracting State;
“adoption records” means the records relating to an adoption, which are in
the custody of the Authority;
“adoptive parent” means a person who adopts a child;
“Appeal Committee” means the ad hoc Appeal Committee set up under
section 25;
“authorised officer” –
(a) means an employee of the Authority, designated as such by the
Director; and
(b) includes the Director;
“Authority” means the Mauritius Child Adoption Authority established
under section 7;
“Board” means the Board of the Authority referred to in section 11;
“Central Authority”, for the purposes of the Convention and intercountry
adoption, means –
(a) in the case of Mauritius, the Authority;
(b) in the case of any other Contracting State, the Central Authority
designated as such by that State;
“certificate” means a certificate of eligibility and suitability to adopt a child;
“certificate of conformity” means a certificate issued pursuant to Article
23 of the Convention, certifying that an adoption has been made in
accordance with the Convention;
“child” has the same meaning as in the Children’s Act 2020;
“Contracting State” means a State which has –
(a) ratified the Convention; or
(b) acceded to the Convention, provided Mauritius has not raised an
objection to its accession under Article 44(3) of the Convention;
“Convention” means the Convention on Protection of Children and Co-
operation in respect of Intercountry Adoption, concluded on 29 May 1993;
“Director” means the Director of the Authority under section 13;
“domestic adoption” means the adoption of a Mauritian child resident in
Mauritius, by a person specified in section 18;
“family member”, in relation to a child –
(a) means a grandparent, brother, sister, uncle, aunt or cousin of the
child, and any other biological relative within the fifth degree of
kinship; and
(b) includes the spouse of a biological parent;
“harm” has the same meaning as in the Children’s Act 2020;
“intercountry adoption” means the adoption or proposed adoption of a child
who has resided in a Contracting State for a period of at least one year
prior to the proposed adoption, by an adoptive parent or a prospective
adoptive parent who have resided in another Contracting State for a period
of at least one year prior to the proposed adoption;
“kinship adoption” means the adoption of a child by a family member;
“member” means a member of the Board;
“Minister” means the Minister to whom responsibility for the subject of
welfare of children is assigned;
“Ministry” means the Ministry responsible for the subject of welfare of
children;
“parents”, in relation to a child, means his biological mother and father;
“prospective adoptee” means a child who may be the subject of an
adoption;
“prospective adoptive parent” means any person who wishes to adopt a
child;
“receiving State”, in relation to intercountry adoption, means the State
where an adoptive parent or prospective adoptive parent resides;
“State of origin”, in relation to intercountry adoption, means the State
where a child resided prior to his adoption or resides at the time of his
proposed adoption;
“supervising officer” means the supervising officer of the Ministry.
Clause 3 - Application of Act
3. Application of Act
(1) This Act shall bind the State.
(2) This Act shall apply to the adoption of a child by adoption simple,
adoption plénière or légitimation par adoption in accordance with the Code Civil
Mauricien.
(3) This Act shall be in addition to, and not in derogation from –
(a) articles 342-2 to 370-5 of the Code Civil Mauricien;
(b) the Children’s Act 2020; and
(c) insofar as it relates to a child, the Combating of Trafficking in
Persons Act.
PART II – GENERAL PRINCIPLES GOVERNING ADOPTION
(1) This Act shall bind the State.
(2) This Act shall apply to the adoption of a child by adoption simple,
adoption plénière or légitimation par adoption in accordance with the Code Civil
Mauricien.
(3) This Act shall be in addition to, and not in derogation from –
(a) articles 342-2 to 370-5 of the Code Civil Mauricien;
(b) the Children’s Act 2020; and
(c) insofar as it relates to a child, the Combating of Trafficking in
Persons Act.
PART II – GENERAL PRINCIPLES GOVERNING ADOPTION
Clause 4 - Best interests principles
4. Best interests principles
(1) The best interests of a child shall, in any matter related to the
adoption of a child, be the paramount consideration by any Court, Government
department or person.
(2) Subject to this Act and any other enactment applicable to children,
a Court, Government department or person shall, for the purpose of determining
the best interests of a child, in relation to his adoption, consider –
(a) the health, safety, welfare and emotional well-being of the
child;
(b) the needs of the child and his harmonious development,
including any educational needs or special needs which may
arise due to any disability or any other matter;
(c) the availability of financial and other resources.
(1) The best interests of a child shall, in any matter related to the
adoption of a child, be the paramount consideration by any Court, Government
department or person.
(2) Subject to this Act and any other enactment applicable to children,
a Court, Government department or person shall, for the purpose of determining
the best interests of a child, in relation to his adoption, consider –
(a) the health, safety, welfare and emotional well-being of the
child;
(b) the needs of the child and his harmonious development,
including any educational needs or special needs which may
arise due to any disability or any other matter;
(c) the availability of financial and other resources.
Clause 5 - Other principles applicable in adoption matters
5. Other principles applicable in adoption matters
A Government department or person shall, in any matter related to the
adoption of a child, have due regard to the fundamental rights of the child and, in
particular –
(a) ensure timely access to information which is in its or his possession
and which a party to an adoption or a proposed adoption may
reasonably require;
(b) give the child the opportunity to express his views on any matter
concerning him, including his proposed adoption, having regard to
his age and degree of maturity;
(c) ensure that the child is promptly informed of any matter concerning
him, having regard to his age and degree of maturity;
(d) ensure that the views of the biological parents of the child are taken
into consideration for his best interests;
(e) ensure the placement of siblings together, as far as possible and
provided that it is in the best interests of the child;
(f) ensure that a prospective adoptive parent has access to information
relating to the religion, ethnic origin and linguistic or other cultural
heritage of the child;
(g) promote openness and transparency vis-à-vis an adoptee regarding
the fact that he has been adopted;
(h) provide administrative support to a prospective adoptive parent and
an adoptive parent during and after an adoption.
A Government department or person shall, in any matter related to the
adoption of a child, have due regard to the fundamental rights of the child and, in
particular –
(a) ensure timely access to information which is in its or his possession
and which a party to an adoption or a proposed adoption may
reasonably require;
(b) give the child the opportunity to express his views on any matter
concerning him, including his proposed adoption, having regard to
his age and degree of maturity;
(c) ensure that the child is promptly informed of any matter concerning
him, having regard to his age and degree of maturity;
(d) ensure that the views of the biological parents of the child are taken
into consideration for his best interests;
(e) ensure the placement of siblings together, as far as possible and
provided that it is in the best interests of the child;
(f) ensure that a prospective adoptive parent has access to information
relating to the religion, ethnic origin and linguistic or other cultural
heritage of the child;
(g) promote openness and transparency vis-à-vis an adoptee regarding
the fact that he has been adopted;
(h) provide administrative support to a prospective adoptive parent and
an adoptive parent during and after an adoption.
Clause 6 - Principle of subsidiarity
6. Principle of subsidiarity
(1) A child shall, as far as possible and provided that it is in his best
interests, be raised and remain in the care of his parents or a family member.
(2) Where –
(a) the parents or a family member of a child are or is not able to
raise and take care of the child or are or is not
available; and
(b) the child is adoptable by virtue of the relevant provisions of
article 348 of the Code Civil Mauricien,
the Authority shall take such necessary measures as may be required to find a
suitable family for him in Mauritius.
(3) The Authority may, where it cannot find a suitable family for a child,
consider an intercountry adoption of the child.
PART III – MAURITIUS CHILD ADOPTION AUTHORITY
Sub-Part A – Establishment of Authority
(1) A child shall, as far as possible and provided that it is in his best
interests, be raised and remain in the care of his parents or a family member.
(2) Where –
(a) the parents or a family member of a child are or is not able to
raise and take care of the child or are or is not
available; and
(b) the child is adoptable by virtue of the relevant provisions of
article 348 of the Code Civil Mauricien,
the Authority shall take such necessary measures as may be required to find a
suitable family for him in Mauritius.
(3) The Authority may, where it cannot find a suitable family for a child,
consider an intercountry adoption of the child.
PART III – MAURITIUS CHILD ADOPTION AUTHORITY
Sub-Part A – Establishment of Authority
Clause 7 - The Authority
7. The Authority
(1) There is established, for the purposes of this Act, the Mauritius Child
Adoption Authority.
(2) The Authority shall be a body corporate.
Sub-Part B – Objects, Functions and Powers of Authority
(1) There is established, for the purposes of this Act, the Mauritius Child
Adoption Authority.
(2) The Authority shall be a body corporate.
Sub-Part B – Objects, Functions and Powers of Authority
Clause 8 - Objects of Authority
8. Objects of Authority
The Authority shall –
(a) act as the Central Authority for Mauritius in matters pertaining to the
adoption of a child;
(b) act as a facilitator with respect to domestic adoption and
intercountry adoption;
(c) ensure that an adoption is done in accordance with this Act;
(d) promote general awareness on matters pertaining to adoption;
(e) ensure that no adoption is done for the purpose of pecuniary interest
or any other illegal practice;
(f) promote coordination and collaboration among relevant stakeholders
in relation to matters pertaining to adoption.
The Authority shall –
(a) act as the Central Authority for Mauritius in matters pertaining to the
adoption of a child;
(b) act as a facilitator with respect to domestic adoption and
intercountry adoption;
(c) ensure that an adoption is done in accordance with this Act;
(d) promote general awareness on matters pertaining to adoption;
(e) ensure that no adoption is done for the purpose of pecuniary interest
or any other illegal practice;
(f) promote coordination and collaboration among relevant stakeholders
in relation to matters pertaining to adoption.
Clause 9 - Functions of Authority
9. Functions of Authority
The Authority shall have such functions as are necessary to further its
objects most effectively and efficiently and shall, in particular –
(a) receive and determine applications from a prospective adoptive
parent;
(b) assess and determine the eligibility and suitability of individuals to
adopt and, where appropriate, issue a certificate under section 15;
(c) conduct such enquiries as may be appropriate regarding applications
for adoption;
(d) conduct interviews of such persons as it considers appropriate in
relation to an adoption or proposed adoption;
(e) counsel and prepare prospective adoptees and an adoptive parent
for adoption;
(f) carry out the matching of an adoptable child with a prospective
adoptive parent;
(g) provide, following an order of the Judge in Chambers in respect of
an application, a report of its opinion;
(h) submit to the relevant authorities such reports as they may require
on the placement of a prospective adoptee or adoptee;
(i) be responsible for matters pertaining to intercountry adoptions;
(j) cooperate with the Central Authority of other Contracting States and
exchange information in respect of an intercountry adoption;
(k) do post-adoption follow-up;
(l) do follow-up regarding a prospective adoptee who is placed with a
prospective adoptive parent;
(m) maintain a register for each of the following –
(i) domestic adoption;
(ii) intercountry adoption where Mauritius is the State of
origin; and
(iii) intercountry adoption where Mauritius is the receiving State,
which shall contain such particulars as may be prescribed;
(n) carry out research or participate in research projects and activities
for the enhancement and improvement of services in respect of
matters pertaining to adoption;
(o) compile statistics and other information relating to adoption;
(p) except where required by a Court, keep and cause to be kept, every
matter pertaining to adoption as confidential;
(q) prepare and publish, for relevant stakeholders, a Code of Ethics on
matters pertaining to adoption;
(r) advise the Minister on matters pertaining to adoption;
(s) submit to the Minister quarterly reports on its activities.
The Authority shall have such functions as are necessary to further its
objects most effectively and efficiently and shall, in particular –
(a) receive and determine applications from a prospective adoptive
parent;
(b) assess and determine the eligibility and suitability of individuals to
adopt and, where appropriate, issue a certificate under section 15;
(c) conduct such enquiries as may be appropriate regarding applications
for adoption;
(d) conduct interviews of such persons as it considers appropriate in
relation to an adoption or proposed adoption;
(e) counsel and prepare prospective adoptees and an adoptive parent
for adoption;
(f) carry out the matching of an adoptable child with a prospective
adoptive parent;
(g) provide, following an order of the Judge in Chambers in respect of
an application, a report of its opinion;
(h) submit to the relevant authorities such reports as they may require
on the placement of a prospective adoptee or adoptee;
(i) be responsible for matters pertaining to intercountry adoptions;
(j) cooperate with the Central Authority of other Contracting States and
exchange information in respect of an intercountry adoption;
(k) do post-adoption follow-up;
(l) do follow-up regarding a prospective adoptee who is placed with a
prospective adoptive parent;
(m) maintain a register for each of the following –
(i) domestic adoption;
(ii) intercountry adoption where Mauritius is the State of
origin; and
(iii) intercountry adoption where Mauritius is the receiving State,
which shall contain such particulars as may be prescribed;
(n) carry out research or participate in research projects and activities
for the enhancement and improvement of services in respect of
matters pertaining to adoption;
(o) compile statistics and other information relating to adoption;
(p) except where required by a Court, keep and cause to be kept, every
matter pertaining to adoption as confidential;
(q) prepare and publish, for relevant stakeholders, a Code of Ethics on
matters pertaining to adoption;
(r) advise the Minister on matters pertaining to adoption;
(s) submit to the Minister quarterly reports on its activities.
Clause 10 - Powers of Authority
10. Powers of Authority
The Authority shall have such powers as may be necessary to enable it to
discharge its functions most effectively and efficiently and may, in particular –
(a) raise funds;
(b) receive grants, donations and legacies;
(c) buy or sell any property;
(d) charge such fees as may be prescribed with respect to processing
an application for a certificate, the issue of a certificate and any of
its functions under this Act;
(e) seek, from the Commissioner of Police, such assistance and
information, including criminal records, as may be necessary for the
purposes of an application for adoption;
(f) take such action as may be necessary for the removal of a child from
his prospective adoptive parent where it considers that the
placement of the child is no longer in his best interests.
Sub-Part C – Administration and Management of Authority
The Authority shall have such powers as may be necessary to enable it to
discharge its functions most effectively and efficiently and may, in particular –
(a) raise funds;
(b) receive grants, donations and legacies;
(c) buy or sell any property;
(d) charge such fees as may be prescribed with respect to processing
an application for a certificate, the issue of a certificate and any of
its functions under this Act;
(e) seek, from the Commissioner of Police, such assistance and
information, including criminal records, as may be necessary for the
purposes of an application for adoption;
(f) take such action as may be necessary for the removal of a child from
his prospective adoptive parent where it considers that the
placement of the child is no longer in his best interests.
Sub-Part C – Administration and Management of Authority
Clause 11 - The Board
11. The Board
(1) There shall be a Board which shall be responsible for the
administration and management of the Authority.
(2) The Board shall consist of –
(a) a Chairperson, who shall be a law practitioner of not less than
10 years’ standing, having knowledge of, and proven
experience in, matters pertaining to adoption and the custody
of children, to be appointed by the Minister;
(b) a representative of the Prime Minister’s Office;
(c) a representative of the Ministry;
(d) a representative of the Ministry responsible for the subject of
finance;
(e) a representative of the Ministry responsible for the subject of
foreign affairs;
(f) a representative of the Ministry responsible for the subject of
health;
(g) a representative of the Attorney-General’s Office;
(h) a psychologist having not less than 8 years’ experience; and
(i) 2 persons having knowledge and proven experience in matters
pertaining to adoption and matters relating to children, to be
appointed by the Minister.
(3) Every member shall hold office for a period of 2 years and shall be
eligible for a reappointment for a further period of 2 years.
(4) No person shall be qualified to be a member where he is –
(a) a member of the Assembly or the Rodrigues Regional
Assembly;
(b) a member of a local authority;
(c) an employee or a member of any Board, or shareholder in, any
entity which caters for the welfare of children; or
(d) otherwise actively engaged in politics.
(5) A member, other than an ex-officio member, shall cease to hold
office –
(a) on the completion of his term of office;
(b) on his resignation;
(c) where he becomes a member of the Assembly, the Rodrigues
Regional Assembly or a local authority, or otherwise actively
engages in politics;
(d) where, without sufficient cause, he fails to attend 3
consecutive meetings of the Board.
(6) Every member shall be paid such fees or allowances as the Minister
may determine.
(1) There shall be a Board which shall be responsible for the
administration and management of the Authority.
(2) The Board shall consist of –
(a) a Chairperson, who shall be a law practitioner of not less than
10 years’ standing, having knowledge of, and proven
experience in, matters pertaining to adoption and the custody
of children, to be appointed by the Minister;
(b) a representative of the Prime Minister’s Office;
(c) a representative of the Ministry;
(d) a representative of the Ministry responsible for the subject of
finance;
(e) a representative of the Ministry responsible for the subject of
foreign affairs;
(f) a representative of the Ministry responsible for the subject of
health;
(g) a representative of the Attorney-General’s Office;
(h) a psychologist having not less than 8 years’ experience; and
(i) 2 persons having knowledge and proven experience in matters
pertaining to adoption and matters relating to children, to be
appointed by the Minister.
(3) Every member shall hold office for a period of 2 years and shall be
eligible for a reappointment for a further period of 2 years.
(4) No person shall be qualified to be a member where he is –
(a) a member of the Assembly or the Rodrigues Regional
Assembly;
(b) a member of a local authority;
(c) an employee or a member of any Board, or shareholder in, any
entity which caters for the welfare of children; or
(d) otherwise actively engaged in politics.
(5) A member, other than an ex-officio member, shall cease to hold
office –
(a) on the completion of his term of office;
(b) on his resignation;
(c) where he becomes a member of the Assembly, the Rodrigues
Regional Assembly or a local authority, or otherwise actively
engages in politics;
(d) where, without sufficient cause, he fails to attend 3
consecutive meetings of the Board.
(6) Every member shall be paid such fees or allowances as the Minister
may determine.
Clause 12 - Meetings and powers of Board
12. Meetings and powers of Board
(1) The Board shall meet at such place and time as the Chairperson may
determine.
(2) Where the Chairperson is absent at a meeting of the Board, the
members present shall elect a member to chair the meeting.
(3) At any meeting of the Board, 6 members shall constitute a quorum.
(4) The Board may co-opt such other persons who may be of assistance
in relation to any matter before it and the co-opted member shall –
(a) not have the right to vote at any meeting of the Board; and
(b) be paid such fees or allowances as the Board may determine.
(5) Subject to this section, the Board shall regulate its meetings and
proceedings in such manner as it may determine.
(6) (a) The Board shall designate an employee of the Authority to act
as Secretary to the Board.
(b) The Secretary shall –
(i) prepare and attend meetings of the Board;
(ii) keep minutes of proceedings of any meeting of the
Board; and
(iii) have such other duties as may be conferred upon him
by the Board.
(7) (a) The Board may set up such committees as it may determine
to assist it in the discharge of its functions.
(b) A committee referred to in paragraph (a) shall consist of not
more than 3 members.
(8) The Board shall determine the composition and functions of a
committee.
(9) A committee shall –
(a) meet as often as is necessary and at such time and place as
the Chairperson of the Board may determine;
(b) meet as and when the Board may require;
(c) regulate its meetings and proceedings in such manner as it
may determine.
(10) (a) A committee shall submit its report to the Board within such
time as the Board may determine.
(b) The report referred to in paragraph (a) shall contain the
observations, comments, findings or recommendations, as the case may be, of
the committee, on any matter referred to it.
(11) Where any member or co-opted person, or any person related to him
by blood or marriage, has any interest in relation to any matter before the Board,
the member or co-opted person –
(a) shall disclose the nature of the interest at or before the
meeting convened to discuss the matter; and
(b) shall not take part in any deliberations of the Board relating to
the matter.
(12) The Board may, subject to such instructions as it may give, delegate
to the Director such of the functions and powers of the Authority as may be
necessary for the effective management of the day to day business and activities
of the Authority, other than the power to –
(a) buy or sell any property;
(b) raise funds or borrow money;
(c) enter into a contract;
(d) receive grants, donations and legacies.
(1) The Board shall meet at such place and time as the Chairperson may
determine.
(2) Where the Chairperson is absent at a meeting of the Board, the
members present shall elect a member to chair the meeting.
(3) At any meeting of the Board, 6 members shall constitute a quorum.
(4) The Board may co-opt such other persons who may be of assistance
in relation to any matter before it and the co-opted member shall –
(a) not have the right to vote at any meeting of the Board; and
(b) be paid such fees or allowances as the Board may determine.
(5) Subject to this section, the Board shall regulate its meetings and
proceedings in such manner as it may determine.
(6) (a) The Board shall designate an employee of the Authority to act
as Secretary to the Board.
(b) The Secretary shall –
(i) prepare and attend meetings of the Board;
(ii) keep minutes of proceedings of any meeting of the
Board; and
(iii) have such other duties as may be conferred upon him
by the Board.
(7) (a) The Board may set up such committees as it may determine
to assist it in the discharge of its functions.
(b) A committee referred to in paragraph (a) shall consist of not
more than 3 members.
(8) The Board shall determine the composition and functions of a
committee.
(9) A committee shall –
(a) meet as often as is necessary and at such time and place as
the Chairperson of the Board may determine;
(b) meet as and when the Board may require;
(c) regulate its meetings and proceedings in such manner as it
may determine.
(10) (a) A committee shall submit its report to the Board within such
time as the Board may determine.
(b) The report referred to in paragraph (a) shall contain the
observations, comments, findings or recommendations, as the case may be, of
the committee, on any matter referred to it.
(11) Where any member or co-opted person, or any person related to him
by blood or marriage, has any interest in relation to any matter before the Board,
the member or co-opted person –
(a) shall disclose the nature of the interest at or before the
meeting convened to discuss the matter; and
(b) shall not take part in any deliberations of the Board relating to
the matter.
(12) The Board may, subject to such instructions as it may give, delegate
to the Director such of the functions and powers of the Authority as may be
necessary for the effective management of the day to day business and activities
of the Authority, other than the power to –
(a) buy or sell any property;
(b) raise funds or borrow money;
(c) enter into a contract;
(d) receive grants, donations and legacies.
Clause 13 - Director
13. Director
(1) (a) There shall be a Director of the Authority who shall, with the
approval of the Minister, be appointed by the Board on such terms and conditions
as it may determine.
(b) The Board shall determine the qualifications and experience
required for appointment to the post of Director.
(2) The Director shall be responsible for –
(a) the execution of the policy and decisions of the Board;
(b) the control and management of the day to day business of the
Authority; and
(c) carrying out such duties as may be assigned to him by the
Authority.
(3) (a) The Director shall, in the discharge of his functions, act in
accordance with such directions as he may receive from the Board.
(b) The Director may, with the approval of the Board, delegate his
functions and powers to such employee as he may determine.
(4) The Director shall, unless otherwise directed by the Board, attend
every meeting of the Board and may take part in its deliberations but shall not
have the right to vote on any matter before the Board.
(1) (a) There shall be a Director of the Authority who shall, with the
approval of the Minister, be appointed by the Board on such terms and conditions
as it may determine.
(b) The Board shall determine the qualifications and experience
required for appointment to the post of Director.
(2) The Director shall be responsible for –
(a) the execution of the policy and decisions of the Board;
(b) the control and management of the day to day business of the
Authority; and
(c) carrying out such duties as may be assigned to him by the
Authority.
(3) (a) The Director shall, in the discharge of his functions, act in
accordance with such directions as he may receive from the Board.
(b) The Director may, with the approval of the Board, delegate his
functions and powers to such employee as he may determine.
(4) The Director shall, unless otherwise directed by the Board, attend
every meeting of the Board and may take part in its deliberations but shall not
have the right to vote on any matter before the Board.
Clause 14 - Staff of Authority
14. Staff of Authority
(1) The Board may, on such terms and conditions as it may determine,
appoint such employees as it considers necessary for the proper discharge of the
functions of the Authority under this Act.
(2) Every employee shall be under the administrative control of the
Director.
(3) The Board may make provisions to govern the conditions of service
of the employees and, in particular, to deal with –
(a) the appointment, discipline, suspension, dismissal, pay and
leave of, and the security to be given by, employees;
(b) appeals by employees against dismissal or other disciplinary
measures; and
(c) the establishment and maintenance of provident and pension
fund schemes and the contributions payable to, and the
benefits derived therefrom.
PART IV – ADOPTION OF CHILDREN
Sub-Part A – Procedures and Requirements Relating to Adoption
(1) The Board may, on such terms and conditions as it may determine,
appoint such employees as it considers necessary for the proper discharge of the
functions of the Authority under this Act.
(2) Every employee shall be under the administrative control of the
Director.
(3) The Board may make provisions to govern the conditions of service
of the employees and, in particular, to deal with –
(a) the appointment, discipline, suspension, dismissal, pay and
leave of, and the security to be given by, employees;
(b) appeals by employees against dismissal or other disciplinary
measures; and
(c) the establishment and maintenance of provident and pension
fund schemes and the contributions payable to, and the
benefits derived therefrom.
PART IV – ADOPTION OF CHILDREN
Sub-Part A – Procedures and Requirements Relating to Adoption
Clause 15 - Certificate
15. Certificate
(1) (a) (i) Any citizen or non-citizen who intends to make an
application to the Judge in Chambers for a domestic adoption or intercountry
adoption shall apply to the Authority for a certificate.
(ii) The application shall be made in such form and manner,
and accompanied by such non-refundable fee, as may be prescribed.
(b) A non-citizen referred to in paragraph (a) may apply for a
certificate where he –
(i) is the holder of a permanent residence permit;
(ii) has resided in Mauritius for at least 5 years; and
(iii) submits, together with his application, a letter from the
Ministry responsible for intercountry adoption in, or the
Central Authority of, his native country, certifying that
the Ministry or the Central Authority, as the case may
be, does not have any objection to the application.
(2) The Authority shall, for the purpose of determining an application
made under subsection (1) –
(a) cause a social enquiry to be carried out on the applicant;
(b) cause to be carried out a medical examination of the applicant
by a Government medical practitioner to determine whether
the applicant is medically fit to adopt;
(c) cause to be carried out a psychological assessment of the
applicant by a psychologist of the Authority;
(d) interview the applicant.
(4) The Authority shall, for the purpose of determining an application
made under subsection (1) –
(a) require the applicant to submit the information and documents
specified in the First Schedule;
(b) take into consideration –
(i) the age of the applicant;
(ii) whether the applicant has any criminal record;
(ii) the financial situation of the applicant;
(iii) the family background of the applicant;
(iv) the medical reports of the applicant;
(v) such other relevant factors as it may determine.
(5) Where the Authority determines that an applicant is eligible and
suitable to adopt a child, it shall –
(a) counsel and prepare the applicant for adoption; and
(b) on payment of such fee as may be prescribed, issue to the
applicant a certificate in the form set out in the Second
Schedule.
(6) The Authority may, where circumstances so warrant, after the issue
of a certificate under subsection (5)(b) and before an adoption order is made,
revoke the certificate and accordingly inform the holder of the certificate and the
Master and Registrar in writing.
(7) Any person whose application for a certificate is rejected or whose
certificate is revoked may, within 21 days from the date he is informed of the
decision of the Authority, appeal to the supervising officer in the form set out in
the Third Schedule and serve a copy of the notice of appeal on the Authority.
(1) (a) (i) Any citizen or non-citizen who intends to make an
application to the Judge in Chambers for a domestic adoption or intercountry
adoption shall apply to the Authority for a certificate.
(ii) The application shall be made in such form and manner,
and accompanied by such non-refundable fee, as may be prescribed.
(b) A non-citizen referred to in paragraph (a) may apply for a
certificate where he –
(i) is the holder of a permanent residence permit;
(ii) has resided in Mauritius for at least 5 years; and
(iii) submits, together with his application, a letter from the
Ministry responsible for intercountry adoption in, or the
Central Authority of, his native country, certifying that
the Ministry or the Central Authority, as the case may
be, does not have any objection to the application.
(2) The Authority shall, for the purpose of determining an application
made under subsection (1) –
(a) cause a social enquiry to be carried out on the applicant;
(b) cause to be carried out a medical examination of the applicant
by a Government medical practitioner to determine whether
the applicant is medically fit to adopt;
(c) cause to be carried out a psychological assessment of the
applicant by a psychologist of the Authority;
(d) interview the applicant.
(4) The Authority shall, for the purpose of determining an application
made under subsection (1) –
(a) require the applicant to submit the information and documents
specified in the First Schedule;
(b) take into consideration –
(i) the age of the applicant;
(ii) whether the applicant has any criminal record;
(ii) the financial situation of the applicant;
(iii) the family background of the applicant;
(iv) the medical reports of the applicant;
(v) such other relevant factors as it may determine.
(5) Where the Authority determines that an applicant is eligible and
suitable to adopt a child, it shall –
(a) counsel and prepare the applicant for adoption; and
(b) on payment of such fee as may be prescribed, issue to the
applicant a certificate in the form set out in the Second
Schedule.
(6) The Authority may, where circumstances so warrant, after the issue
of a certificate under subsection (5)(b) and before an adoption order is made,
revoke the certificate and accordingly inform the holder of the certificate and the
Master and Registrar in writing.
(7) Any person whose application for a certificate is rejected or whose
certificate is revoked may, within 21 days from the date he is informed of the
decision of the Authority, appeal to the supervising officer in the form set out in
the Third Schedule and serve a copy of the notice of appeal on the Authority.
Clause 16 - Application to Judge in Chambers
16. Application to Judge in Chambers
(1) A citizen or non-citizen who intends to make an adoption shall make
an application to the Judge in Chambers.
(2) The application shall be accompanied by –
(a) such documents as may be prescribed; and
(b) a certificate issued by the Authority.
(3) The Judge in Chambers may require the applicant to produce such
additional documents as he considers necessary.
(4) (a) The Judge in Chambers may, after hearing the Ministère
Public, grant or reject the application.
(b) Where the Judge in Chambers grants the application, he shall,
on such conditions as he considers necessary, issue an order for a domestic
adoption or an intercountry adoption, as the case may be.
(c) Where the Judge in Chambers rejects the application, the
applicant may appeal to the Supreme Court.
(1) A citizen or non-citizen who intends to make an adoption shall make
an application to the Judge in Chambers.
(2) The application shall be accompanied by –
(a) such documents as may be prescribed; and
(b) a certificate issued by the Authority.
(3) The Judge in Chambers may require the applicant to produce such
additional documents as he considers necessary.
(4) (a) The Judge in Chambers may, after hearing the Ministère
Public, grant or reject the application.
(b) Where the Judge in Chambers grants the application, he shall,
on such conditions as he considers necessary, issue an order for a domestic
adoption or an intercountry adoption, as the case may be.
(c) Where the Judge in Chambers rejects the application, the
applicant may appeal to the Supreme Court.
Clause 17 - List of children who may be adopted
17. List of children who may be adopted
(1) The Ministry shall, every quarter and on the basis of information in
its possession, provide to the Authority an updated list of children who may be
adopted.
(2) On receipt of the list of children referred to in subsection (1), the
Authority –
(a) may request the Ministry to provide such further information
and documentary evidence as it considers necessary;
(b) shall, counsel the biological parents of a child regarding the
adoption and ascertain whether they consent to the adoption;
(c) shall, where the biological parents of a child give their consent
under paragraph (b), counsel the child regarding the adoption
and record his views and, where the child is aged above 15
years, ascertain whether he consents to his adoption.
(3) For the purpose of subsection (2)(c) and the second alinéa of article
345 of the Code Civil Mauricien, a psychologist of the Authority shall examine
the child, and his biological parents where their whereabouts may be traced and
assess the capacity and maturity of the child to consent to an adoption and submit
a report accordingly.
(1) The Ministry shall, every quarter and on the basis of information in
its possession, provide to the Authority an updated list of children who may be
adopted.
(2) On receipt of the list of children referred to in subsection (1), the
Authority –
(a) may request the Ministry to provide such further information
and documentary evidence as it considers necessary;
(b) shall, counsel the biological parents of a child regarding the
adoption and ascertain whether they consent to the adoption;
(c) shall, where the biological parents of a child give their consent
under paragraph (b), counsel the child regarding the adoption
and record his views and, where the child is aged above 15
years, ascertain whether he consents to his adoption.
(3) For the purpose of subsection (2)(c) and the second alinéa of article
345 of the Code Civil Mauricien, a psychologist of the Authority shall examine
the child, and his biological parents where their whereabouts may be traced and
assess the capacity and maturity of the child to consent to an adoption and submit
a report accordingly.
Clause 18 - Matching of child with prospective adoptive parent
18. Matching of child with prospective adoptive parent
(1) (a) The Authority shall, except for cases where adoption is
proposed to be made by a family member or foster parent, to the extent possible,
identify an adoptable child whom the Authority considers suitable for the person
issued with a certificate and introduce them to each other.
(b) Where the person and an adoptable child referred to in article
345, alinéa 2 of the Code Civil Mauricien –
(i) do not consent to the match, the Authority shall, where
possible, proceed with other matching exercises;
(ii) consent to the match, the Authority shall approve the
proposed adoption.
(c) The Authority shall, where adoption is proposed to be made
by a family member or foster parent, examine all relevant information and
documents and hear the prospective adoptive parent, the biological parents and,
as appropriate pursuant to article 345 of the Code Civil Mauricien, the child, for
the purpose of determining the proposed adoption.
(2) The Director shall, before introducing a prospective adoptive parent
and an adoptable child to each other –
(a) examine all relevant information and documents; and
(b) hear the prospective adoptive parent and where applicable,
the child.
(1) (a) The Authority shall, except for cases where adoption is
proposed to be made by a family member or foster parent, to the extent possible,
identify an adoptable child whom the Authority considers suitable for the person
issued with a certificate and introduce them to each other.
(b) Where the person and an adoptable child referred to in article
345, alinéa 2 of the Code Civil Mauricien –
(i) do not consent to the match, the Authority shall, where
possible, proceed with other matching exercises;
(ii) consent to the match, the Authority shall approve the
proposed adoption.
(c) The Authority shall, where adoption is proposed to be made
by a family member or foster parent, examine all relevant information and
documents and hear the prospective adoptive parent, the biological parents and,
as appropriate pursuant to article 345 of the Code Civil Mauricien, the child, for
the purpose of determining the proposed adoption.
(2) The Director shall, before introducing a prospective adoptive parent
and an adoptable child to each other –
(a) examine all relevant information and documents; and
(b) hear the prospective adoptive parent and where applicable,
the child.
Clause 19 - Approval of proposed adoption
19. Approval of proposed adoption
(1) Where the Authority approves an adoption, it shall submit to the
prospective adoptive parent a report on the proposed adoption, including its
recommendations as to whether a pre-adoption placement is recommended.
(2) A prospective adoptive parent shall, together with his application,
submit the report referred to in subsection (1).
Sub-Part B – Intercountry Adoption
(1) Where the Authority approves an adoption, it shall submit to the
prospective adoptive parent a report on the proposed adoption, including its
recommendations as to whether a pre-adoption placement is recommended.
(2) A prospective adoptive parent shall, together with his application,
submit the report referred to in subsection (1).
Sub-Part B – Intercountry Adoption
Clause 20 - Compliance with Convention
20. Compliance with Convention
The Authority shall, for the purpose of an intercountry adoption, ensure
and ascertain that the provisions of the Convention are complied with.
The Authority shall, for the purpose of an intercountry adoption, ensure
and ascertain that the provisions of the Convention are complied with.
Clause 21 - Mauritius as receiving State in intercountry adoption
21. Mauritius as receiving State in intercountry adoption
(1) (a) Subject to paragraph (c), any citizen habitually residing in
Mauritius, or a non-citizen who is the holder of a permanent residence permit
meets the requirements specified in section 18(1)(b), who wishes to adopt a child
from another Contracting State shall, in such form and manner as may be
prescribed, make an application to the Central Authority.
(b) An application under paragraph (a) shall be dealt with in such
manner as may be prescribed.
(c) Except for kinship adoption, a prospective adoptive parent
may proceed with intercountry adoption where he does not find a suitable
adoptable child within 18 months from the date a certificate is issued under
section 15.
(2) Where the Central Authority determines that an application under
subsection (1) may be proceeded with, it shall inform the applicant accordingly,
submit to the Central Authority of the State of origin the application and process
it in accordance with the Convention.
(3) (a) Where the Central Authority of the State of origin refers a
child for adoption to the Central Authority and –
(i) the Central Authority has no objection regarding the
child and intercountry adoption; and
(ii) the applicants agree to adopt the child,
the Central Authority shall seek the approval of the Minister responsible for home
affairs under article 346 of the Code Civil Mauricien.
(b) Where the Minister responsible for home affairs approves the
application, it shall accordingly inform the Central Authority in writing.
(4) The Central Authority shall, following the approval under subsection
(3), inform the Central Authority of the State of origin accordingly and submit to
it such documents as it may require and in such form and manner as it may
determine.
(5) (a) Where the relevant Court in the State of origin makes an order
for the adoption of the child –
(i) the Central Authority of the State of origin shall inform
the Central Authority accordingly; and
(ii) the Central Authority shall ensure that the child is
issued a passport and a certificate of conformity.
(b) The prospective adoptive parent shall ensure that the
certificate of conformity issued under paragraph (a)(ii) is apostilled prior to their
return in Mauritius.
(6) Where a judgment obtained in the State of origin, ordering that an
adoption –
(a) has the effect of terminating a pre-existing legal parent-child
relationship and the Central authority is provided the apostilled
certificate of conformity referred to in subsection (5)(b), the
adoption shall be deemed to be an adoption plénière;
(b) does not have the effect of terminating a pre-existing legal
parent-child relationship and the Central Authority is provided
the apostilled certificate of conformity referred to in
subsection (5)(b), the adoption shall be deemed to be an
adoption simple and may be converted into an adoption
plénière where the consent is given in accordance with
Article 4(c) and (d) of the Convention;
(c) does not have the effect specified in paragraph (a) or (b), it
shall be deemed to be an adoption simple.
(7) Where the Central Authority or the Ministère Public is of the opinion
that an intercountry adoption is, on the basis of l’ordre public, not in the best
interest of the child, the Central Authority or the Ministère Public, as the case
may be, may make an application to the Judge in Chambers for an order declaring
that the intercountry adoption not be recognised or cease to be recognised in
Mauritius.
(8) The Judge in Chambers may, on hearing an application made under
subsection (7), make an order declaring that the adoption shall not be recognised,
or cease to be recognised, in Mauritius.
(1) (a) Subject to paragraph (c), any citizen habitually residing in
Mauritius, or a non-citizen who is the holder of a permanent residence permit
meets the requirements specified in section 18(1)(b), who wishes to adopt a child
from another Contracting State shall, in such form and manner as may be
prescribed, make an application to the Central Authority.
(b) An application under paragraph (a) shall be dealt with in such
manner as may be prescribed.
(c) Except for kinship adoption, a prospective adoptive parent
may proceed with intercountry adoption where he does not find a suitable
adoptable child within 18 months from the date a certificate is issued under
section 15.
(2) Where the Central Authority determines that an application under
subsection (1) may be proceeded with, it shall inform the applicant accordingly,
submit to the Central Authority of the State of origin the application and process
it in accordance with the Convention.
(3) (a) Where the Central Authority of the State of origin refers a
child for adoption to the Central Authority and –
(i) the Central Authority has no objection regarding the
child and intercountry adoption; and
(ii) the applicants agree to adopt the child,
the Central Authority shall seek the approval of the Minister responsible for home
affairs under article 346 of the Code Civil Mauricien.
(b) Where the Minister responsible for home affairs approves the
application, it shall accordingly inform the Central Authority in writing.
(4) The Central Authority shall, following the approval under subsection
(3), inform the Central Authority of the State of origin accordingly and submit to
it such documents as it may require and in such form and manner as it may
determine.
(5) (a) Where the relevant Court in the State of origin makes an order
for the adoption of the child –
(i) the Central Authority of the State of origin shall inform
the Central Authority accordingly; and
(ii) the Central Authority shall ensure that the child is
issued a passport and a certificate of conformity.
(b) The prospective adoptive parent shall ensure that the
certificate of conformity issued under paragraph (a)(ii) is apostilled prior to their
return in Mauritius.
(6) Where a judgment obtained in the State of origin, ordering that an
adoption –
(a) has the effect of terminating a pre-existing legal parent-child
relationship and the Central authority is provided the apostilled
certificate of conformity referred to in subsection (5)(b), the
adoption shall be deemed to be an adoption plénière;
(b) does not have the effect of terminating a pre-existing legal
parent-child relationship and the Central Authority is provided
the apostilled certificate of conformity referred to in
subsection (5)(b), the adoption shall be deemed to be an
adoption simple and may be converted into an adoption
plénière where the consent is given in accordance with
Article 4(c) and (d) of the Convention;
(c) does not have the effect specified in paragraph (a) or (b), it
shall be deemed to be an adoption simple.
(7) Where the Central Authority or the Ministère Public is of the opinion
that an intercountry adoption is, on the basis of l’ordre public, not in the best
interest of the child, the Central Authority or the Ministère Public, as the case
may be, may make an application to the Judge in Chambers for an order declaring
that the intercountry adoption not be recognised or cease to be recognised in
Mauritius.
(8) The Judge in Chambers may, on hearing an application made under
subsection (7), make an order declaring that the adoption shall not be recognised,
or cease to be recognised, in Mauritius.
Clause 22 - Mauritius as State of origin in intercountry adoption
22. Mauritius as State of origin in intercountry adoption
(1) Where the Central Authority receives an application from the Central
Authority of another Contracting State for the adoption of a Mauritian child
residing in Mauritius, it –
(a) shall verify the information and documents communicated to
it;
(b) shall request the Central Authority of the other Contracting
State to submit to it such original, notarised or apostilled
documents as it may determine;
(c) may request such further information and documents as it
may require.
(2) Where the Central Authority approves an application under
subsection (1), it shall –
(a) inform the Central Authority of the other Contracting State
accordingly and submit such documents as may be required;
(b) request the Central Authority of the other Contracting State
to submit –
(i) the written consent of the proposed adopting parents;
(ii) the written undertaking of the proposed adopting
parents regarding the monitoring of –
(A) such pre-adoption placement to be carried out by
the Central Authority of Mauritius in such
manner as the Judge in Chambers may
determine;
(B) such post-adoption monitoring be carried out by
the Central Authority of the receiving State in the
manner specified in section 24.
(3) (a) Where the Central Authority receives the documents referred
to in subsection (1), it shall, after consultation with the Central Authority of the
receiving State, fix a date for the applicants and the child identified pursuant to
section 18(1)(a) to be interviewed by an interviewing panel.
(b) The panel referred to in paragraph (a) shall consist of the
Director and such other employees of the Central Authority as the Director may
determine and who dealt with the application for adoption.
(4) Where the interviewing panel recommends that the application may
be proceeded with, the Central Authority of Mauritius shall, where the Central
Authority of the receiving State confirms that the child will be authorised to enter
and reside permanently in the receiving State, seek the written approval of the
Central Authority in relation to the application.
(5) Where the Authority gives its written approval for the application to
be proceeded with, the Central Authority of Mauritius shall inform the Central
Authority of the receiving State accordingly and seek its approval for the adoption
to proceed.
(6) On receipt of the written approval from the Central Authority of the
receiving State, the applicants shall make an application to the Judge in Chambers
for the adoption of the child in Mauritius.
(7) Where an adoption order is made by a Judge in Chambers, the
Authority shall issue and communicate to the Central Authority of the receiving
State a certificate of conformity in the form set out in the Fourth Schedule.
(8) Where the adoption order referred to in subsection (7) is required by
the receiving State to be declared executory, the Central Authority shall
communicate to the Central Authority of the receiving State a certified copy of
the adoption order.
(9) Following the transfer of the adoptee to the receiving State, the
Central Authority of the receiving State shall promptly notify the Central Authority
of any change of citizenship of the adoptee and communicate to it documentary
evidence of the citizenship.
Sub-Part C – Pre-adoption and Post-adoption Monitoring
(1) Where the Central Authority receives an application from the Central
Authority of another Contracting State for the adoption of a Mauritian child
residing in Mauritius, it –
(a) shall verify the information and documents communicated to
it;
(b) shall request the Central Authority of the other Contracting
State to submit to it such original, notarised or apostilled
documents as it may determine;
(c) may request such further information and documents as it
may require.
(2) Where the Central Authority approves an application under
subsection (1), it shall –
(a) inform the Central Authority of the other Contracting State
accordingly and submit such documents as may be required;
(b) request the Central Authority of the other Contracting State
to submit –
(i) the written consent of the proposed adopting parents;
(ii) the written undertaking of the proposed adopting
parents regarding the monitoring of –
(A) such pre-adoption placement to be carried out by
the Central Authority of Mauritius in such
manner as the Judge in Chambers may
determine;
(B) such post-adoption monitoring be carried out by
the Central Authority of the receiving State in the
manner specified in section 24.
(3) (a) Where the Central Authority receives the documents referred
to in subsection (1), it shall, after consultation with the Central Authority of the
receiving State, fix a date for the applicants and the child identified pursuant to
section 18(1)(a) to be interviewed by an interviewing panel.
(b) The panel referred to in paragraph (a) shall consist of the
Director and such other employees of the Central Authority as the Director may
determine and who dealt with the application for adoption.
(4) Where the interviewing panel recommends that the application may
be proceeded with, the Central Authority of Mauritius shall, where the Central
Authority of the receiving State confirms that the child will be authorised to enter
and reside permanently in the receiving State, seek the written approval of the
Central Authority in relation to the application.
(5) Where the Authority gives its written approval for the application to
be proceeded with, the Central Authority of Mauritius shall inform the Central
Authority of the receiving State accordingly and seek its approval for the adoption
to proceed.
(6) On receipt of the written approval from the Central Authority of the
receiving State, the applicants shall make an application to the Judge in Chambers
for the adoption of the child in Mauritius.
(7) Where an adoption order is made by a Judge in Chambers, the
Authority shall issue and communicate to the Central Authority of the receiving
State a certificate of conformity in the form set out in the Fourth Schedule.
(8) Where the adoption order referred to in subsection (7) is required by
the receiving State to be declared executory, the Central Authority shall
communicate to the Central Authority of the receiving State a certified copy of
the adoption order.
(9) Following the transfer of the adoptee to the receiving State, the
Central Authority of the receiving State shall promptly notify the Central Authority
of any change of citizenship of the adoptee and communicate to it documentary
evidence of the citizenship.
Sub-Part C – Pre-adoption and Post-adoption Monitoring
Clause 23 - Monitoring of pre-adoption placement
23. Monitoring of pre-adoption placement
(1) (a) (i) Where the Judge in Chambers makes an order for the
pre-adoption placement of a child with the proposed adoptive parent, an
authorised officer shall regularly visit the child and home of the prospective
adoptive parent for the purpose of assessing the pre-adoption placement.
(ii) The visit under subparagraph (i) shall be made at such
time as may be convenient to the authorised officer and prospective adoptive
parent.
(b) The Authority shall, on a monthly basis, submit a report to the
Judge in Chambers.
(2) Where an authorised officer has reasonable ground to suspect that
a child referred to in subsection (1) is, or may be, exposed to harm, he shall, in
the best interest of the child, take such measures as may be specified in the
Children’s Act 2020.
(1) (a) (i) Where the Judge in Chambers makes an order for the
pre-adoption placement of a child with the proposed adoptive parent, an
authorised officer shall regularly visit the child and home of the prospective
adoptive parent for the purpose of assessing the pre-adoption placement.
(ii) The visit under subparagraph (i) shall be made at such
time as may be convenient to the authorised officer and prospective adoptive
parent.
(b) The Authority shall, on a monthly basis, submit a report to the
Judge in Chambers.
(2) Where an authorised officer has reasonable ground to suspect that
a child referred to in subsection (1) is, or may be, exposed to harm, he shall, in
the best interest of the child, take such measures as may be specified in the
Children’s Act 2020.
Clause 24 - Post-adoption monitoring
24. Post-adoption monitoring
(1) An authorised officer shall –
(a) every quarter, in the first year;
(b) every 6 months, in the second year;
(c) on a yearly basis, as from the third year,
following an adoption order and until an adoptee attains the age of 18, visit the
adoptee at the residence of the adoptive parent, at such time as the authorised
officer may determine, for the purpose of assessing the condition of the adoptee
and submit a report to the Authority in the case of a domestic adoption or Central
Authority in the case of an intercountry adoption where Mauritius is the receiving
State.
(2) Where an authorised officer has reasonable ground to suspect that
an adoptee is exposed or may be exposed to harm, he shall, in the best interest
of the child, take such measures as may be specified in the Children’s Act 2020.
(3) The Central Authority shall, on receipt of a report under subsection
(1), submit a report on the adoption to the Central Authority of the State of origin.
(4) The Central Authority shall, in respect of the intercountry adoption
of a Mauritian child, request the Central Authority of the receiving State to submit
a report on the adoption at the intervals referred to in subsection (1).
(5) Where, based on post-adoption monitoring, the Authority or Central
Authority considers that the adoption of an adoptee is no longer in his best
interests, the Authority or Central Authority, as the case may be, shall, in the
best interest of the child –
(a) take such measures as may be specified in the Children’s Act
2020;
(b) in the case of the intercountry adoption of a non-citizen –
(i) inform the Central Authority of the State of origin of
the situation of the child;
(ii) in consultation with the Central Authority of the State
of origin, in the best interest of the child, take such
measures as may be specified in Article 21 of the
Convention.
Sub-Part D – Appeal Committee
(1) An authorised officer shall –
(a) every quarter, in the first year;
(b) every 6 months, in the second year;
(c) on a yearly basis, as from the third year,
following an adoption order and until an adoptee attains the age of 18, visit the
adoptee at the residence of the adoptive parent, at such time as the authorised
officer may determine, for the purpose of assessing the condition of the adoptee
and submit a report to the Authority in the case of a domestic adoption or Central
Authority in the case of an intercountry adoption where Mauritius is the receiving
State.
(2) Where an authorised officer has reasonable ground to suspect that
an adoptee is exposed or may be exposed to harm, he shall, in the best interest
of the child, take such measures as may be specified in the Children’s Act 2020.
(3) The Central Authority shall, on receipt of a report under subsection
(1), submit a report on the adoption to the Central Authority of the State of origin.
(4) The Central Authority shall, in respect of the intercountry adoption
of a Mauritian child, request the Central Authority of the receiving State to submit
a report on the adoption at the intervals referred to in subsection (1).
(5) Where, based on post-adoption monitoring, the Authority or Central
Authority considers that the adoption of an adoptee is no longer in his best
interests, the Authority or Central Authority, as the case may be, shall, in the
best interest of the child –
(a) take such measures as may be specified in the Children’s Act
2020;
(b) in the case of the intercountry adoption of a non-citizen –
(i) inform the Central Authority of the State of origin of
the situation of the child;
(ii) in consultation with the Central Authority of the State
of origin, in the best interest of the child, take such
measures as may be specified in Article 21 of the
Convention.
Sub-Part D – Appeal Committee
Clause 25 - Appeal Committee
25. Appeal Committee
(1) There shall be set up an ad hoc Appeal Committee which shall
determine any appeal by a prospective adoptive parent against a decision of the
Authority to reject his application for a certificate or to revoke his certificate.
(2) The Appeal Committee shall consist of –
(a) a Chairperson, who shall be a retired Judge or a barrister of
not less than 10 years’ standing, with experience in civil law
and matters pertaining to children;
(b) a psychiatrist, psychologist or paediatrician, as appropriate
with not less than 10 years’ experience in the mental health
of children or families;
(c) a social worker, other than an employee of the Authority, with
not less than 10 years’ experience in child protection or child
adoption;
(d) a member of a non-governmental organisation, having
experience in matters pertaining to adoption.
(3) The Chairperson and other members of the Appeal Committee shall
be appointed by the Minister on such terms and conditions as he may determine
and shall be paid such remuneration or allowances as the Minister may determine.
(1) (a) There shall be a Secretary to the Appeal Committee who
shall –
(i) prepare and attend every meeting of the Appeal
Committee;
(ii) keep minutes of proceedings of any meeting of the
Appeal Committee; and
(iii) have such other duties as may be conferred upon him
by the Appeal Committee.
(b) The Secretary to the Appeal Committee shall be a public
officer designated by the supervising officer and shall be paid such remuneration
or allowances as the Minister may determine.
(5) The Appeal Committee shall not, in the exercise of its functions, be
subject to the direction or control of any other person or authority.
(6) Any person who is dissatisfied with a decision of the Appeal
Committee may apply to the Supreme Court for a judicial review.
(1) There shall be set up an ad hoc Appeal Committee which shall
determine any appeal by a prospective adoptive parent against a decision of the
Authority to reject his application for a certificate or to revoke his certificate.
(2) The Appeal Committee shall consist of –
(a) a Chairperson, who shall be a retired Judge or a barrister of
not less than 10 years’ standing, with experience in civil law
and matters pertaining to children;
(b) a psychiatrist, psychologist or paediatrician, as appropriate
with not less than 10 years’ experience in the mental health
of children or families;
(c) a social worker, other than an employee of the Authority, with
not less than 10 years’ experience in child protection or child
adoption;
(d) a member of a non-governmental organisation, having
experience in matters pertaining to adoption.
(3) The Chairperson and other members of the Appeal Committee shall
be appointed by the Minister on such terms and conditions as he may determine
and shall be paid such remuneration or allowances as the Minister may determine.
(1) (a) There shall be a Secretary to the Appeal Committee who
shall –
(i) prepare and attend every meeting of the Appeal
Committee;
(ii) keep minutes of proceedings of any meeting of the
Appeal Committee; and
(iii) have such other duties as may be conferred upon him
by the Appeal Committee.
(b) The Secretary to the Appeal Committee shall be a public
officer designated by the supervising officer and shall be paid such remuneration
or allowances as the Minister may determine.
(5) The Appeal Committee shall not, in the exercise of its functions, be
subject to the direction or control of any other person or authority.
(6) Any person who is dissatisfied with a decision of the Appeal
Committee may apply to the Supreme Court for a judicial review.
Clause 26 - Proceedings of Appeal Committee
26. Proceedings of Appeal Committee
(1) The Appeal Committee shall sit on an ad hoc basis at such place and
time as the Chairperson of the Appeal Committee may determine.
(2) The Appeal Committee shall regulate its proceedings in such manner
as it may determine.
(3) At any meeting of the Appeal Committee, 3 members, including the
Chairperson, shall constitute a quorum.
(4) (a) The Appeal Committee shall determine an appeal not later
than 21 days from the date an appeal is referred to it.
(b) The Appeal Committee may, upon hearing an appeal, affirm,
vary or cancel the decision of the Authority.
(5) The Appeal Committee shall, not later than 21 days from the date
of its determination, communicate to the appellant its findings, in writing, by
registered post, stating briefly the reasons in support thereof.
(6) (a) Where a member of the Appeal Committee has any interest,
direct or indirect, in any matter which is the subject of appeal before the Appeal
Committee, he shall disclose his interest to the Appeal Committee and shall not
take part in the proceedings.
(b) The Minister shall, in relation to the appeal referred to in
paragraph (a), appoint another person to replace the member who disclosed his
interest.
PART V – FINANCIAL PROVISIONS AND ACCOUNTS
(1) The Appeal Committee shall sit on an ad hoc basis at such place and
time as the Chairperson of the Appeal Committee may determine.
(2) The Appeal Committee shall regulate its proceedings in such manner
as it may determine.
(3) At any meeting of the Appeal Committee, 3 members, including the
Chairperson, shall constitute a quorum.
(4) (a) The Appeal Committee shall determine an appeal not later
than 21 days from the date an appeal is referred to it.
(b) The Appeal Committee may, upon hearing an appeal, affirm,
vary or cancel the decision of the Authority.
(5) The Appeal Committee shall, not later than 21 days from the date
of its determination, communicate to the appellant its findings, in writing, by
registered post, stating briefly the reasons in support thereof.
(6) (a) Where a member of the Appeal Committee has any interest,
direct or indirect, in any matter which is the subject of appeal before the Appeal
Committee, he shall disclose his interest to the Appeal Committee and shall not
take part in the proceedings.
(b) The Minister shall, in relation to the appeal referred to in
paragraph (a), appoint another person to replace the member who disclosed his
interest.
PART V – FINANCIAL PROVISIONS AND ACCOUNTS
Clause 27 - General Fund
27. General Fund
(1) There shall be a General Fund for the Authority –
(a) into which all monies received from any source by the
Authority shall be paid; and
(b) out of which all payments required to be made by the
Authority for the purposes of this Act shall be effected.
(2) Subsection (1) shall not prevent the investment of surplus money by
the Authority.
(1) There shall be a General Fund for the Authority –
(a) into which all monies received from any source by the
Authority shall be paid; and
(b) out of which all payments required to be made by the
Authority for the purposes of this Act shall be effected.
(2) Subsection (1) shall not prevent the investment of surplus money by
the Authority.
Clause 28 - Estimates
28. Estimates
(1) The Authority shall submit to the Minister, not later than 31 March
in every year, an estimate of its income and expenditure of the Authority for the
following financial year for his approval.
(2) The Minister may –
(a) give his approval to the estimate of the income and
expenditure under subsection (1); or
(b) approve only part of the estimate and direct the Authority to
amend the estimate.
(1) The Authority shall submit to the Minister, not later than 31 March
in every year, an estimate of its income and expenditure of the Authority for the
following financial year for his approval.
(2) The Minister may –
(a) give his approval to the estimate of the income and
expenditure under subsection (1); or
(b) approve only part of the estimate and direct the Authority to
amend the estimate.
Clause 29 - Annual report
29. Annual report
(1) The Authority shall, in accordance with the Statutory Bodies
(Accounts and Audit) Act, prepare an annual report and submit to the Minister,
together with an audited statement of accounts on its operations, in respect of
every financial year.
(2) The Minister shall, at the earliest available opportunity, lay a copy of
the annual report and the audited statement of accounts of the Authority before
the Assembly.
(1) The Authority shall, in accordance with the Statutory Bodies
(Accounts and Audit) Act, prepare an annual report and submit to the Minister,
together with an audited statement of accounts on its operations, in respect of
every financial year.
(2) The Minister shall, at the earliest available opportunity, lay a copy of
the annual report and the audited statement of accounts of the Authority before
the Assembly.
Clause 30 - Audit report
30. Audit report
(1) The auditor of the Authority shall be the Director of Audit.
(2) For the purpose of this section, the first financial year of the
Authority shall be the period starting on the commencement of this Act and
ending on 30 June of the following year.
(3) Section 7(1) of the Statutory Bodies (Accounts and Audit) Act shall
not apply in relation to the first financial year of the Authority.
PART VI – MISCELLANEOUS
(1) The auditor of the Authority shall be the Director of Audit.
(2) For the purpose of this section, the first financial year of the
Authority shall be the period starting on the commencement of this Act and
ending on 30 June of the following year.
(3) Section 7(1) of the Statutory Bodies (Accounts and Audit) Act shall
not apply in relation to the first financial year of the Authority.
PART VI – MISCELLANEOUS
Clause 31 - Access to adoption order or adoption records
31. Access to adoption order or adoption records
(1) Any adoptee who has attained the age of 18 may apply to –
(a) the Master and Registrar for a copy of his adoption order;
(b) the Authority for a copy of his adoption records.
(2) Where an adoptee, regardless of his age, is diagnosed as having a
life-threatening or other serious illness or health condition which is or may be, or
which his treating doctor has reasonable ground to believe may be, genetic, the
adoptee or adoptive parent, as the case may be, may apply to the Judge in
Chambers for an order authorising the treating doctor to have access to the
medical records of the biological parents of the adoptee.
(1) Any adoptee who has attained the age of 18 may apply to –
(a) the Master and Registrar for a copy of his adoption order;
(b) the Authority for a copy of his adoption records.
(2) Where an adoptee, regardless of his age, is diagnosed as having a
life-threatening or other serious illness or health condition which is or may be, or
which his treating doctor has reasonable ground to believe may be, genetic, the
adoptee or adoptive parent, as the case may be, may apply to the Judge in
Chambers for an order authorising the treating doctor to have access to the
medical records of the biological parents of the adoptee.
Clause 32 - Powers of Minister
32. Powers of Minister
The Minister may give such written directions of a general character to the
Authority, not inconsistent with this Act, as he considers necessary in the best
interest of the child, and the Authority shall comply with the directions.
The Minister may give such written directions of a general character to the
Authority, not inconsistent with this Act, as he considers necessary in the best
interest of the child, and the Authority shall comply with the directions.
Clause 33 - Protection from liability
33. Protection from liability
No liability, civil or criminal, shall attach to the Authority, a member or an
employee of the Authority in respect of any act done or omitted to be done in
good faith in the discharge of its or his functions under this Act.
No liability, civil or criminal, shall attach to the Authority, a member or an
employee of the Authority in respect of any act done or omitted to be done in
good faith in the discharge of its or his functions under this Act.
Clause 34 - Execution of documents
34. Execution of documents
No deed, document, instrument, contract or cheque shall be executed by,
or on behalf of, the Authority unless it is signed by –
(a) the Chairperson or, in his absence, a member designated by the
Board; and
(b) the Director or, in his absence, such employee of the Authority as
the Board may determine.
No deed, document, instrument, contract or cheque shall be executed by,
or on behalf of, the Authority unless it is signed by –
(a) the Chairperson or, in his absence, a member designated by the
Board; and
(b) the Director or, in his absence, such employee of the Authority as
the Board may determine.
Clause 35 - Exemptions
35. Exemptions
(1) Notwithstanding any other enactment, the Authority shall be exempt
from the payment of any duty, levy, rate, charge, fee or tax.
(2) No registration fee shall be payable in respect of any document
signed or executed by the Authority or under which the Authority is the sole
beneficiary.
(1) Notwithstanding any other enactment, the Authority shall be exempt
from the payment of any duty, levy, rate, charge, fee or tax.
(2) No registration fee shall be payable in respect of any document
signed or executed by the Authority or under which the Authority is the sole
beneficiary.
Clause 36 - Donations
36. Donations
Article 910 of the Code Civil Mauricien shall not apply to the Authority.
Article 910 of the Code Civil Mauricien shall not apply to the Authority.
Clause 37 - Confidentiality
37. Confidentiality
No person shall, during or after the tenure of his office, directly or indirectly,
use or disclose any matter or confidential information which came to his
knowledge in the performance of his duties and functions under this Act,
except –
(a) for the purposes of this Act; or
(b) where he is required to do so by a Court or under any enactment.
No person shall, during or after the tenure of his office, directly or indirectly,
use or disclose any matter or confidential information which came to his
knowledge in the performance of his duties and functions under this Act,
except –
(a) for the purposes of this Act; or
(b) where he is required to do so by a Court or under any enactment.
Clause 38 - Offences
38. Offences
(1) Any person who receives, or agrees to receive, any benefit, in cash
or in kind, for the purpose of –
(a) giving his consent to the adoption of a child;
(b) adopting a child,
shall commit an offence.
(2) Any person who gives, or agrees to give, to another person any
benefit, in cash or in kind, for the purpose of –
(a) the adoption of a child or obtaining the consent of another
person for the adoption of a child;
(b) obtaining the custody of the child for the purpose of adoption,
shall commit an offence.
(3) Any person who gives, or agrees to give, to a child any benefit, in
cash or in kind, for the purpose of obtaining his consent for adoption shall commit
an offence.
(4) No prospective adoptive parent shall, except where the adoption is
proposed to be made by a family member, from the moment he consents to a
match under section 18(1)(b)(ii), until any application for adoption of the child is
determined, contact the biological parents of the child or person whose opinion
is required under article 350 of the Code Civil Mauricien.
(5) Where a child consents to a match under section 18(1)(b)(ii), the
child, the biological parents of the child or person whose opinion is required under
article 350 of the Code Civil Mauricien shall not, in any case other than kinship
adoption, contact the prospective adoptive parent until any application for
adoption of the child is determined.
(6) A prospective adoptive parent referred to in section 18(1)(b)(ii) shall
not, except where the adoption is proposed to be made by a family member,
contact the biological parents of a child referred to in section 18(1)(b)(ii) until any
application for adoption of the child is determined.
(7) A prospective adoptive parent shall not –
(a) in the case of an intercountry adoption, except where the
adoption is proposed to be made by a family member or the
adoption of a child already known to the prospective adoptive
parent, contact the biological parents of the child, or person
who has the custody of the child, proposed to be adopted until
an adoption order is made in the State of origin;
(b) except for costs and expenses payable for the purpose of the
adoption of a child, make any other payment, donation or
contribution to, or undertake any kind of project with, the
Central Authority or accredited adoption agency handling the
adoption of the child.
(8) The Central Authority shall not, except for costs and expenses
payable for the purpose of the adoption of a child, solicit or accept from a
prospective adoptive parent any other payment, donation or contribution, or
undertake any kind of project with him.
(9) Any person who, directly or indirectly, in any manner whatsoever
influences or attempts to influence any member, employee of the Authority or
authorised officer in the performance of his duties under this Act shall commit an
offence.
(10) Any person who publishes or causes to be published any information
or material –
(a) containing his wish or intention to adopt a child;
(b) to the effect that a child is being offered for adoption,
shall commit an offence.
(11) Any person who knowingly makes a statement, submits any
document or provides any information under this Act, which is false or misleading
in a material particular, shall commit an offence.
(12) Any person who, for the purpose of, or in connection with, an
application under this Act, misrepresents himself, shall commit an offence.
(13) Any person who, for the purpose of, or in connection with, an
application for adoption, submits any document containing a signature which he
knows is forged or has been obtained by fraud, duress or by any other illicit means
shall commit an offence.
(14) Any person who –
(a) commits an offence under this Act; or
(b) otherwise contravenes this Act shall commit an offence and,
shall, on conviction, be liable to a fine not exceeding one million rupees and to
imprisonment for a term not exceeding 10 years.
(1) Any person who receives, or agrees to receive, any benefit, in cash
or in kind, for the purpose of –
(a) giving his consent to the adoption of a child;
(b) adopting a child,
shall commit an offence.
(2) Any person who gives, or agrees to give, to another person any
benefit, in cash or in kind, for the purpose of –
(a) the adoption of a child or obtaining the consent of another
person for the adoption of a child;
(b) obtaining the custody of the child for the purpose of adoption,
shall commit an offence.
(3) Any person who gives, or agrees to give, to a child any benefit, in
cash or in kind, for the purpose of obtaining his consent for adoption shall commit
an offence.
(4) No prospective adoptive parent shall, except where the adoption is
proposed to be made by a family member, from the moment he consents to a
match under section 18(1)(b)(ii), until any application for adoption of the child is
determined, contact the biological parents of the child or person whose opinion
is required under article 350 of the Code Civil Mauricien.
(5) Where a child consents to a match under section 18(1)(b)(ii), the
child, the biological parents of the child or person whose opinion is required under
article 350 of the Code Civil Mauricien shall not, in any case other than kinship
adoption, contact the prospective adoptive parent until any application for
adoption of the child is determined.
(6) A prospective adoptive parent referred to in section 18(1)(b)(ii) shall
not, except where the adoption is proposed to be made by a family member,
contact the biological parents of a child referred to in section 18(1)(b)(ii) until any
application for adoption of the child is determined.
(7) A prospective adoptive parent shall not –
(a) in the case of an intercountry adoption, except where the
adoption is proposed to be made by a family member or the
adoption of a child already known to the prospective adoptive
parent, contact the biological parents of the child, or person
who has the custody of the child, proposed to be adopted until
an adoption order is made in the State of origin;
(b) except for costs and expenses payable for the purpose of the
adoption of a child, make any other payment, donation or
contribution to, or undertake any kind of project with, the
Central Authority or accredited adoption agency handling the
adoption of the child.
(8) The Central Authority shall not, except for costs and expenses
payable for the purpose of the adoption of a child, solicit or accept from a
prospective adoptive parent any other payment, donation or contribution, or
undertake any kind of project with him.
(9) Any person who, directly or indirectly, in any manner whatsoever
influences or attempts to influence any member, employee of the Authority or
authorised officer in the performance of his duties under this Act shall commit an
offence.
(10) Any person who publishes or causes to be published any information
or material –
(a) containing his wish or intention to adopt a child;
(b) to the effect that a child is being offered for adoption,
shall commit an offence.
(11) Any person who knowingly makes a statement, submits any
document or provides any information under this Act, which is false or misleading
in a material particular, shall commit an offence.
(12) Any person who, for the purpose of, or in connection with, an
application under this Act, misrepresents himself, shall commit an offence.
(13) Any person who, for the purpose of, or in connection with, an
application for adoption, submits any document containing a signature which he
knows is forged or has been obtained by fraud, duress or by any other illicit means
shall commit an offence.
(14) Any person who –
(a) commits an offence under this Act; or
(b) otherwise contravenes this Act shall commit an offence and,
shall, on conviction, be liable to a fine not exceeding one million rupees and to
imprisonment for a term not exceeding 10 years.
Clause 39 - Regulations
39. Regulations
(1) The Minister may make such regulations as he thinks fit for the
purposes of this Act.
(2) Without prejudice to the generality of subsection (1), any regulations
made under subsection (1) may provide –
(a) for the procedure with respect to the lodging, processing and
hearing of an appeal made under this Act;
(b) for the payment of fees;
(c) for the amendment of the Schedules;
(d) for any matter necessary for, or consequential to, the
application of this Act;
(e) that any person who contravenes them shall commit an
offence and shall, on conviction, be liable to a fine not
exceeding one million rupees and to imprisonment for a term
not exceeding 10 years.
(1) The Minister may make such regulations as he thinks fit for the
purposes of this Act.
(2) Without prejudice to the generality of subsection (1), any regulations
made under subsection (1) may provide –
(a) for the procedure with respect to the lodging, processing and
hearing of an appeal made under this Act;
(b) for the payment of fees;
(c) for the amendment of the Schedules;
(d) for any matter necessary for, or consequential to, the
application of this Act;
(e) that any person who contravenes them shall commit an
offence and shall, on conviction, be liable to a fine not
exceeding one million rupees and to imprisonment for a term
not exceeding 10 years.
Clause 40 - Repeal
40. Repeal
The National Adoption Council Act is repealed.
The National Adoption Council Act is repealed.
Clause 41 - Consequential amendments
41. Consequential amendments
(1) The Children’s Act 2020 is amended by inserting, after section 15,
the following new section –
15A. Sale of child
(1) No person shall sell a child or allow a child to be sold.
(2) Any person who contravenes subsection (1) shall
commit an offence and shall, on conviction, be liable to a fine not
exceeding one million rupees and to imprisonment for a term not
exceeding 10 years.
(3) In this section –
“sell” includes transfer a child, permanently or temporarily, to
another person against payment in cash or any other kind of
consideration.
(2) The Civil Status Act is amended –
(a) in section 2, by inserting, in the appropriate alphabetical order,
the following new definition –
“intercountry adoption” has the same meaning as in the Child
Adoption Act 2026;
(b) in section 5, in subsection (1), in paragraph (b)(vii)(A), by
inserting, after the words “births,”, the words “adoption
orders made,”;
(c) by inserting, after section 5, the following new section –
5A. Registers of intercountry adoption
(1) The Registrar of Civil Status shall, for the
purpose of recording an intercountry adoption in accordance
with the Child Adoption Act 2026, keep and maintain such
register as may be required.
(2) The Registrar of Civil Status shall, in the register
kept under subsection (1), record the details of the judgment
obtained in the State of origin ordering the adoption of a child.
(3) The register shall be available for inspection upon
an order of a Judge in Chambers upon good cause shown for
such inspection.
(3) The Mauritius Citizenship Act is amended –
(a) in section 2, in subsection (1), by inserting, in the appropriate
alphabetical order, the following new definition –
“Contracting State” has the same meaning as in the Child
Adoption Act 2026;
(b) in section 3 –
(i) by inserting, after the words “adoption order is made”,
the words “by the Judge in Chambers”;
(ii) by deleting the words “the male adoptor” and replacing
them by the words “any of the adoptors”;
(c) by inserting, after section 3, the following new section –
3A. Citizenship following intercountry adoption under the
Child Adoption Act 2026
Where an adoption order is made by a Court in a
Contracting State and is in accordance with the Child
Adoption Act 2026, in respect of a minor who is not a citizen
of Mauritius, and the adoptor, or, in the case of a joint
adoption, one of the adopters, is a citizen of Mauritius,
otherwise than by virtue of section 23 of the Constitution, the
minor shall become a citizen of Mauritius as from the date of
the order of the Court of the Contracting State.
(1) The Children’s Act 2020 is amended by inserting, after section 15,
the following new section –
15A. Sale of child
(1) No person shall sell a child or allow a child to be sold.
(2) Any person who contravenes subsection (1) shall
commit an offence and shall, on conviction, be liable to a fine not
exceeding one million rupees and to imprisonment for a term not
exceeding 10 years.
(3) In this section –
“sell” includes transfer a child, permanently or temporarily, to
another person against payment in cash or any other kind of
consideration.
(2) The Civil Status Act is amended –
(a) in section 2, by inserting, in the appropriate alphabetical order,
the following new definition –
“intercountry adoption” has the same meaning as in the Child
Adoption Act 2026;
(b) in section 5, in subsection (1), in paragraph (b)(vii)(A), by
inserting, after the words “births,”, the words “adoption
orders made,”;
(c) by inserting, after section 5, the following new section –
5A. Registers of intercountry adoption
(1) The Registrar of Civil Status shall, for the
purpose of recording an intercountry adoption in accordance
with the Child Adoption Act 2026, keep and maintain such
register as may be required.
(2) The Registrar of Civil Status shall, in the register
kept under subsection (1), record the details of the judgment
obtained in the State of origin ordering the adoption of a child.
(3) The register shall be available for inspection upon
an order of a Judge in Chambers upon good cause shown for
such inspection.
(3) The Mauritius Citizenship Act is amended –
(a) in section 2, in subsection (1), by inserting, in the appropriate
alphabetical order, the following new definition –
“Contracting State” has the same meaning as in the Child
Adoption Act 2026;
(b) in section 3 –
(i) by inserting, after the words “adoption order is made”,
the words “by the Judge in Chambers”;
(ii) by deleting the words “the male adoptor” and replacing
them by the words “any of the adoptors”;
(c) by inserting, after section 3, the following new section –
3A. Citizenship following intercountry adoption under the
Child Adoption Act 2026
Where an adoption order is made by a Court in a
Contracting State and is in accordance with the Child
Adoption Act 2026, in respect of a minor who is not a citizen
of Mauritius, and the adoptor, or, in the case of a joint
adoption, one of the adopters, is a citizen of Mauritius,
otherwise than by virtue of section 23 of the Constitution, the
minor shall become a citizen of Mauritius as from the date of
the order of the Court of the Contracting State.
Clause 42 - Transitional provisions and savings
42. Transitional provisions and savings
(1) Any application for the adoption of a minor or application for the
exequatur of a judgment relating to the adoption of a minor which has already
been lodged before the Judge in Chambers at the commencement of this Act shall
be dealt with as if this Act had not come into operation.
(2) The assets and liabilities of the National Adoption Council shall, on
the commencement of this Act, be vested in the Authority, to the extent that they
relate to the transfer of the functions of the National Adoption Council.
(3) Except where otherwise provided, all rights, obligations and liabilities
subsisting in favour of or against the National Adoption Council shall, on the
commencement of this Act, continue to exist under the same terms and conditions
in favour of or against the Authority.
(4) Where this Act does not make provision for any transition, the
Minister may make such regulations as may be necessary for such transition.
(5) In this section –
“National Adoption Council” means the National Adoption Council
established under the repealed Act;
“repealed Act” means the National Adoption Council Act.
(1) Any application for the adoption of a minor or application for the
exequatur of a judgment relating to the adoption of a minor which has already
been lodged before the Judge in Chambers at the commencement of this Act shall
be dealt with as if this Act had not come into operation.
(2) The assets and liabilities of the National Adoption Council shall, on
the commencement of this Act, be vested in the Authority, to the extent that they
relate to the transfer of the functions of the National Adoption Council.
(3) Except where otherwise provided, all rights, obligations and liabilities
subsisting in favour of or against the National Adoption Council shall, on the
commencement of this Act, continue to exist under the same terms and conditions
in favour of or against the Authority.
(4) Where this Act does not make provision for any transition, the
Minister may make such regulations as may be necessary for such transition.
(5) In this section –
“National Adoption Council” means the National Adoption Council
established under the repealed Act;
“repealed Act” means the National Adoption Council Act.
Clause 43 - Commencement
43. Commencement
(1) Subject to subsection (2), this Act shall come into operation on a
date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of
different sections of this Act.
_______________
(1) Subject to subsection (2), this Act shall come into operation on a
date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of
different sections of this Act.
_______________
Schedules and prescribed forms
FIRST SCHEDULE
[Section 15(4)(a)]
INFORMATION AND DOCUMENTS
1. Birth certificate of applicant and spouse, if any
2. Marriage certificate and rule of permanent decree of divorce, where
applicable
3. Letter of consent from child aged above 15 years, of the applicant,
consenting to any proposed adoption
4. National Identity Card of applicant and spouse
5. Medical certificate from a general practitioner certifying that the
prospective adoptive parent do not suffer from any chronic, contagious or life-
threatening disease
6. Documentary evidence of financial means of applicant and spouse
(payslip/BRN in case of a self-employed, and tax return for the last financial year)
7. Certificate of character of applicant and spouse
8. Photocopy of passport of applicant and spouse, in case of intercountry
adoption
9. Utility bill for the last 3 months to determine proof of residence
10. In the case of a single prospective adoptive parent, a letter from a relative
of his undergoing to take the responsibility of the child where the prospective
adoptive parent is, for any reason, unable to do so, together with –
(a) a photocopy of his National Identity Card in the case of a citizen; or
(b) 2 coloured photocopies of his passport in the case of a non-citizen
11. Letter of reference from 2 referees and coloured photocopy of their National
Identity Card
12. Letter of undertaking from the applicant and spouse, in 2 originals, allowing
home visits to be conducted for post-adoption follow-up
13. Information on and documentary evidence of any other nationality of
applicant or spouse, if any
10. Permanent residence permit of applicant and spouse where they are non-
citizens
11. Certificate of citizenship of applicant, where applicable
12. A photograph of the couple together, printed in 2 originals
13. In the case of an intercountry adoption, 2 sets of 5 photographs of house
and its compound of applicants
14. Where a citizen is holder of an Overseas Citizen of India card, a copy thereof
_______________
SECOND SCHEDULE
[Section 15(5)(b)]
CERTIFICATE OF ELIGIBILITY AND SUITABILITY TO ADOPT A CHILD
(issued under section 15 of the Child Adoption Act 2026)
Certificate no. ……………
On an application made on ……….. by ……………………….………………………
(citizen residing in Mauritius/non-citizen holder of a permanent residence permit*),
I, on behalf of the Mauritius Child Adoption Authority, hereby certify that Mr
………………………………… and/or Mrs …………………………………* has/have*
been found eligible and suitable to adopt a child.
………………………………………… ………………………………………
Name Signature
……………………………………… ………………………………………
Designation Date
……………………………………………..
Seal of the Mauritius Child Adoption Authority
* Please delete as appropriate
_______________
THIRD SCHEDULE
[Section 15(7)]
NOTICE OF APPEAL
TO THE APPEAL COMMITTEE
[under section 15(7) of the Child Adoption Act 2026]
This form must be completed and filed with the supervising officer of the Ministry
responsible for the welfare of children within 21 days from receipt of written
notification of the decision of the Authority.
Pursuant to section 15(7) of the Child Adoption Act 2026, I, …………………………
……………………………………………………………………………. (name), holder of
National Identity Card number ……………………………………. and residing at
………………………………………………………………, hereby appeal against the
decision of the Authority to reject my application for a certificate/revoke my
certificate* on the following grounds –
(a) ………………………………………………………………………………………….;
(b) ………………………………………………………………………………………….;
(c) ………………………………………………………………………………………….;
(d) …………………………………………………………………………………………..
Are you being represented by a barrister? Yes/No**
Details of person representing appellant
Name ……………………………………….………………………………………………….
Office address ………………………………………………………………………………..
…………………………………………………………………………………………………..
Telephone no. ………………………… Mobile no. ………………………..
Email address …………………………… Fax no. …………………………….
DECLARATION
I, the undersigned, declare that all information given is true.
……………………………….. ………………………………..
Signature of appellant Date
Telephone no. ………………………… Mobile no. ………………………..
Email address …………………………… Fax no. …………………………….
* Please delete as appropriate
For inquiries, please call the Ministry.
______________
FOURTH SCHEDULE
[Section 22(7)]
MAURITIUS CHILD ADOPTION AUTHORITY
CERTIFICATE OF CONFORMITY
[issued under section 23(6) of the Child Adoption Act 2026]
The Mauritius Child Adoption Authority, Central Authority for Mauritius,
hereby certifies that ………………………………………………………………. (name
of child), of male/female* gender, born on ………………………… (date) at …………
(time), and residing at ……………………………………………………………………….
…………………………….. (address), was, by virtue of an adoption order made by
the Judge in Chambers, adopted by way of adoption simple/plénière* on
………………………………………… by the following person(s) –
(a) details of adoptive parent 1 –
Name …………………………………………………………………………..
…………………………………………………………………………………..
Date of birth ………………………………………………………………….
Place of birth …………………………………………………………………
Profession …………………………………………………………………….
Habitual residence at the time of the adoption …………………………
…………………………………………………………………………………..
(b) details of adoptive parent 1 –
Name …………………………………………………………………………..
………………………………………………………………………………….
Date of birth …………………………………………………………………
Place of birth …………………………………………………………………
Profession …………………………………………………………………….
Habitual residence at the time of the adoption …………………………
…………………………………………………………………………………..
2. The adoption order was, in accordance with the agreements under Article
17(c) of the Convention on Protection of Children and Co-operation in respect of
Intercountry Adoption made by –
(a) Name and address of the Central Authority of the State of origin
…………………………………………………………………………………..
…………………………………………………………………………………..
Date of the agreement ……………………………………………………..
(b) Name and address of the Central Authority2 of the receiving State
…………………………………………………………………………………..
…………………………………………………………………………………..
Date of the agreement ……………………………………………………..
3. The adoption has the effect of terminating the pre-existing legal parent-
child relationship/The adoption does not have the effect of terminating the pre-
existing legal parent-child relationship*.
4. The adopted child, by virtue of the adoption order, henceforth bears the
following name –
(a) surname/family name ………………………………………………………
(b) name(s) ……………………………………………………………………….
………………………………………………………………………………….
………………………………….. …………………………………
Name Designation
………………………………… …………………………………
Signature Date
…………………………………………..
Seal of the Mauritius Child Adoption Authority
(Central Authority for Mauritius)
* Please delete as appropriate
_______________
Your voice matters
Choose a category and identify the clause or Civil Code article where relevant. Please do not include children’s names, identifying family details or confidential case material.
Approved public contributions
Dave Kissoondoyal, LLM, MBA - Former President, Save the Children Mauritius · 28.10.2026
Comment on this Bill
As former President of Save the Children Mauritius (1994 and 1995), I welcome the initiative to modernise adoption law. I submit these observations in my personal capacity, drawing on my longstanding commitment to children’s welfare. I do not speak on behalf of the organisation today.
The Bill contains important advances: the paramountcy of children’s best interests, a dedicated authority, judicial adoption orders, attention to siblings, monitoring and prohibitions on buying consent. These foundations deserve support. They also require stronger safeguards before enactment.
First, clauses 3–6 should expressly reflect the African Charter on the Rights and Welfare of the Child, particularly Article 24, alongside the UN Convention and the Hague Adoption Convention. Poverty, disability or temporary placement in care must never, by themselves, establish abandonment or justify adoption. Family support and safe reunification must be genuine obligations. Intercountry adoption must satisfy the applicable last-resort safeguards in the child’s country of origin.
Second, clauses 5 and 17–19 must guarantee the child an accessible hearing, independent representation where interests conflict, and protection against pressure. A child’s participation must not depend on whether the biological parents first consent. Administrative listing and matching must never substitute for a lawful determination of adoptability and valid consent.
Third, clause 2 must use the Hague Convention’s habitual-residence and cross-border movement framework rather than an arbitrary one-year residence test. Clauses 15 and 21 must distinguish local applicants from applicants abroad, reconcile residence requirements and remove ambiguous references. The 18-month waiting rule for Mauritian applicants seeking adoption abroad needs a clear child-welfare justification and a reasoned review mechanism.
Fourth, the First Schedule’s demand for certification that an applicant has no chronic, contagious or life-threatening disease is excessively broad. Suitability should depend on an individual assessment of parenting capacity, actual risks and available support. The relative’s undertaking required from a single applicant must not be treated as automatically appointing a future guardian. Consultation with an applicant’s existing children should be distinguished from a statutory veto.
Fifth, clauses 11–14, 25–26 and 32 should strengthen professional independence, transparent appointments, conflicts rules and effective appeals. Clause 11(4)(c) is broad enough to exclude experienced employees and board members of child-welfare organisations. Genuine conflicts should be managed without unnecessarily excluding their expertise. General ministerial directions must not determine an individual child’s placement or adoption.
Sixth, clause 24 must distinguish support and protection after a final adoption from measures applicable before adoption. Hague Article 21 addresses a placement where adoption will occur after transfer; it is not a general power to undo an adoption already completed. Family status and citizenship require clear judicial safeguards. Clause 21 must also preserve Convention recognition rules and the narrow public-policy exception.
Seventh, clause 38 needs urgent redrafting. Its wording can reach a child’s contact with prospective adopters, attempts to “influence” an official, and publication of a wish to adopt. Those provisions must target coercion, trafficking and unlawful solicitation, while protecting lawful advice, complaints and public-interest discussion. The general maximum of Rs 1 million and ten years’ imprisonment must be differentiated according to the offence. Clause 39 should not leave penalties of comparable severity to broadly framed regulations.
Finally, clauses 10, 27–31 and 33–43 need transparent fees and donations, funded post-adoption support, secure lifelong records, appropriate access to origins, proportionate confidentiality rules and meaningful accountability. Existing proceedings, child protection, registration and citizenship must remain secure during transition. Numbering and cross-reference errors must be corrected throughout both reform texts.
I support reform that provides safe and lasting family relationships for children. I therefore recommend substantive amendments before enactment, supported by a published response to consultation submissions and meaningful participation by adoptees, families, child-protection professionals and civil society.
Dave Kissoondoyal LLM, MBA
Former President, Save the Children Mauritius (1994 and 1995)
As former President of Save the Children Mauritius (1994 and 1995), I welcome the initiative to modernise adoption law. I submit these observations in my personal capacity, drawing on my longstanding commitment to children’s welfare. I do not speak on behalf of the organisation today.
The Bill contains important advances: the paramountcy of children’s best interests, a dedicated authority, judicial adoption orders, attention to siblings, monitoring and prohibitions on buying consent. These foundations deserve support. They also require stronger safeguards before enactment.
First, clauses 3–6 should expressly reflect the African Charter on the Rights and Welfare of the Child, particularly Article 24, alongside the UN Convention and the Hague Adoption Convention. Poverty, disability or temporary placement in care must never, by themselves, establish abandonment or justify adoption. Family support and safe reunification must be genuine obligations. Intercountry adoption must satisfy the applicable last-resort safeguards in the child’s country of origin.
Second, clauses 5 and 17–19 must guarantee the child an accessible hearing, independent representation where interests conflict, and protection against pressure. A child’s participation must not depend on whether the biological parents first consent. Administrative listing and matching must never substitute for a lawful determination of adoptability and valid consent.
Third, clause 2 must use the Hague Convention’s habitual-residence and cross-border movement framework rather than an arbitrary one-year residence test. Clauses 15 and 21 must distinguish local applicants from applicants abroad, reconcile residence requirements and remove ambiguous references. The 18-month waiting rule for Mauritian applicants seeking adoption abroad needs a clear child-welfare justification and a reasoned review mechanism.
Fourth, the First Schedule’s demand for certification that an applicant has no chronic, contagious or life-threatening disease is excessively broad. Suitability should depend on an individual assessment of parenting capacity, actual risks and available support. The relative’s undertaking required from a single applicant must not be treated as automatically appointing a future guardian. Consultation with an applicant’s existing children should be distinguished from a statutory veto.
Fifth, clauses 11–14, 25–26 and 32 should strengthen professional independence, transparent appointments, conflicts rules and effective appeals. Clause 11(4)(c) is broad enough to exclude experienced employees and board members of child-welfare organisations. Genuine conflicts should be managed without unnecessarily excluding their expertise. General ministerial directions must not determine an individual child’s placement or adoption.
Sixth, clause 24 must distinguish support and protection after a final adoption from measures applicable before adoption. Hague Article 21 addresses a placement where adoption will occur after transfer; it is not a general power to undo an adoption already completed. Family status and citizenship require clear judicial safeguards. Clause 21 must also preserve Convention recognition rules and the narrow public-policy exception.
Seventh, clause 38 needs urgent redrafting. Its wording can reach a child’s contact with prospective adopters, attempts to “influence” an official, and publication of a wish to adopt. Those provisions must target coercion, trafficking and unlawful solicitation, while protecting lawful advice, complaints and public-interest discussion. The general maximum of Rs 1 million and ten years’ imprisonment must be differentiated according to the offence. Clause 39 should not leave penalties of comparable severity to broadly framed regulations.
Finally, clauses 10, 27–31 and 33–43 need transparent fees and donations, funded post-adoption support, secure lifelong records, appropriate access to origins, proportionate confidentiality rules and meaningful accountability. Existing proceedings, child protection, registration and citizenship must remain secure during transition. Numbering and cross-reference errors must be corrected throughout both reform texts.
I support reform that provides safe and lasting family relationships for children. I therefore recommend substantive amendments before enactment, supported by a published response to consultation submissions and meaningful participation by adoptees, families, child-protection professionals and civil society.
Dave Kissoondoyal LLM, MBA
Former President, Save the Children Mauritius (1994 and 1995)