Law & Society

According to Ethiopian family law Adoption can be described as an agreement that may be created between a person and a child or between government or private orphanages and the adopted child. This idea can be found at Article 180 and 192 of The Ethiopian Family Code stated respectively. As per the Ethiopian law of adoption the adopter is required to fulfill various requirements. These requirements vary from Ethiopian Adopters and foreigner Adopters. One of such requirements is the age of the adopter and the adoptee. According to the Ethiopian Family Law the adopter must attain the age of 25 years to adopt a child.

If the adopters are spouses, one of them is required to attain the age of 25 years. As to the age of the adoptee, any child whose age is less than 18 years and under guardianship may be adopted. If a private/government orphanage is taking care of the adoption process or handing over the child to the adopters, such orphanage is required to have sufficient information about the child, his/her identity, how they received him/her and the personal, social economical status of the adopter to the government authority to follow up the well being of children. According to the Ethiopian family law, the other basic requirement for an adoption agreement to be legally acceptable is the decision of the court validating the agreement. According to Article 194(1) of the Ethiopian Family Code, unless the Ethiopian Federal First Instance courts approve the adoption agreement, the adoption agreement will not have any legal effect.
The court, in approving or refusing the contract of adoption, will apply the common yardstick of protecting the best interest of the child. If the adopter is a foreigner, in addition to the above mentioned requirements, the court requires him/her to bring documents showing the adopter's economic, social and personal position, from the empowered authority to follow the well being of child. If the information provided by the authority is insufficient the court may order the authority for further investigation. It may also order another person or organization to provide relevant information.

Further the court will take special care about the mechanism of getting information about how the adopter will be handling. The adopter for all purposes is legally expected at least to take care of the child as his own. Here are the checklists of documents required by courts in deciding adoption cases, Requirements to Be Fulfilled by Ethiopian Adoptive Parents The documents to be submitted by the applicant from his/her permanent domicile should include:
1. Proof of economic status from a recognized source
2. Police clearance of applicant/s
3. Medical certificate from recognized hospitals, clinics etc.
4. Birth and marriage certificates
5. Two passport-size photographs of the prospective adoption parent/s

Requirements to Be Fulfilled By Foreign Adoptive Parents

The documents to be submitted by the applicant from his permanent domicile should include:
1. Proof of economic status from a recognized source
2. Police clearance of applicant/s
3. Medical certificate from recognized hospitals, clinics etc.
4. Home study report prepared by an authorized institution
5. Birth and marriage certificates
6. The Agency which does the psycho-social study and recommendation on applicants must be accepted by the concerned government body of the respected countries
7. A short statement as to why an Ethiopian child is preferred
8. Two passport-size photographs of the prospective adoptive parent/s,
9. “Obligation of Adoption or Social Welfare Agency” form must be forwarded together with the psychosocial study
10. Verification by the adoption agency on qualification for naturalization under the national law of the applicant
11. All the above-mentioned documents should be authenticated by the Ethiopian Embassy or Consulate
12. All the above-mentioned documents should be authenticated by the Ministry of Foreign Affairs in Ethiopia,

Divorces are often painful and dirty for the couples and it can be even worse if you have a child. The immediate problem after the divorce is of child custody. It is often thought that mothers are given more priority over fathers as they can take care of the child better than fathers who are mostly busy with work. However, for a father the thought of losing a child can be terrifying. Mothers are given priority, but courts decide each case on its merit and keep the best interest of child in mind before any decision is reached.
For fathers, who are looking for the custody of their child, it is important that they should know the level of responsibility that comes with bring up and taking care of a child. During a court meeting or a custody hearing, it is important that the father should come prepared for the task ahead. The father should cover all the bases as the judge would want to see whether the father is responsible enough to be given the responsibility of the child. Hiring an attorney is one thing but seeking out information and giving personal attention hold great significance. You should read about the various child custody laws in your region and the different kinds of custodies that can come up during a decision. Also, you must be honest to yourself and the child. You must ask yourself whether you can really take care of the child or not.
In order for a father to win a custody battle, it is imperative that he and the attorney involved should have a good working relationship The attorney should know all the details about the case; that include any details of the relationship with the mother and the child. In most custody cases, the behavior and relationship with the child matter most. Most of the courts decide on the cases by judging the previous history of each individual parent. The relationship with the child and most importantly what the child wants.
For fathers, even before the custody is awarded to them, they should be aware that taking care of the child is not easy. For working fathers, it can become difficult to take care of the child. The court likes to be convinced how the father would take care and provide for the child as the father works and remains away from the house. The father should have all the answers and explanations, as these are the conclusive issues in making the final decision
In most cases if the child is small, the court would grant joint custody giving more time to the mother. As the child gets older and if the father wants, he can apply full physical custody or a joint physical custody. The courts decision would be based on taking the past events into account and how the case is pleaded by both sides. The vigilance and personal attention in the case can help the father secure the custody, but both parents should keep this in mind that the will of the child and the circumstances will decide the outcome.

Child custody mediation is a method of arbitration between separating parents which would devise a plan for the care of their children after divorce. This is normally done or completed in the presence of a third party that is completely neutral. Previously, mediation was done privately with the elders of the family getting involved. Now most of the parents are getting the court involved and mediation is performed by the court and its lawyers.
Child custody mediation is quite important for the custody of the child and these negotiations can help the child release some sort of stress which stems out from the divorce. With both parents working together on a plan, the child would feel connected with both of them. During the negotiations, children are also involved and this would help them in the future as they can express their feelings and can decide on which route they want to take. Mediation also gives the children the right, if they are old enough to decide a major decision in their life. Mediation also helps in the relationship of the parents, as history has shown that it reduces child custody battles. It is also a fact that there are more chances of an agreement in mediation than in court litigation Mediation also gives power to the parents on deciding their relationship with the child in the future, unlike litigation where the judge is in command and gives it verdict. Financially, mediation also allows parents to save money that is spent on court cases and litigation.

For parents, approaching mediation with an open mind of settling things is important, without it the talks are bound to fail. Also, parents should not think of their future but should instead concentrate on their child and their relationship with him. During mediation, listening to the mediator is extremely important as without trusting the mediator, things can never move forward. Always come prepared during a mediation session and decide on what points you want to discuss. Parents also need to have very good communication with their child as this would help them understand the needs of the child; after all, the mediation is about the child and not the parents.
Things often become heated during exchanges in mediation; parents should remain calm and focused on the task ahead. The exchanges should be fair and balanced and each side should be heard. All the ideas should be taken into consideration and the meeting should be held with the view of resolving the dispute and not to create a new one.

Selecting a mediator is perhaps the most important aspect of the whole exercise. Before turning to the court for a mediator, it is recommended to find an experienced family elder who should have the expertise and have been involved in previous mediations. Involving a family mediator helps to retain the privacy of the whole process and things can remain in the family. Child custody mediation is a very respectable way of dealing with issues of child custody that arise after a divorce.

If I suspect abuse of a child by his/her parent, whom should I tell?
Every person, no matter what his/her relation is to the child, has an obligation to report child abuse or even the suspicion of child abuse to a social worker or a police officer. If you report the matter to a police officer, the matter will always be referred to a social worker for investigation.

What will then be done by the police?
The person who reports the child abuse will then have to swear, under oath, that the child is in need of care and protection. This will be done in front of a presiding officer, for example at one of the children's courts in the country. The presiding officer must then order that a report be compiled by a social worker which will determine whether the child is in need of care and protection.

The presiding officer may also order that the child be placed in temporary safe care if this is in the best interests of the child. A person authorized by the court and accompanied by a police officer would then remove the child from the premises. If a child is in imminent danger and requires immediate protection, the child may be removed by a social worker or police official without a court order and placed in temporary safe care.

Within 24 hours of removing the child, the designated social worker or police officer must inform the parent, guardian or caregiver of the child that the child has been removed.

If the child is removed from his/her parent, will they be placed with a family member or in foster care?
If a family member is willing and suitable to take over the care of the child, the court will make an order that the child will live with that family member. The court will always try to limit the disruption of the life of the abused child as little as possible.

Alternative orders that the court can make include the following:

•For the child to remain in the care of his/her parents subject to the supervision of a social worker.• For the child to be placed in temporary care and then be reunited with his/her parents.
•For the child to be placed in alternative care where the parents can still exercise contact with the child.
•For the child to be made available for adoption.

What will happen to the parent who has allegedly been abusing the child?
If, for example there is a household consisting of a mother, father and two children, and a family friend reports the father to the police for allegedly abusing one of the children, the police officer to whom the report of the abuse was made, may also issue a written notice telling the alleged offender to leave the home. This is done to minimize the disruption of the daily life of the child as much as possible.

In the notice, the alleged offender will also be called to appear at the children's court on a specify day and time to give reasons why the written notice requiring him to leave the house, should not be made an order of court. The court will consider all the evidence before it and make a final order which could include limited, unlimited or no access to the house where the child resides. The matter will also be referred to the police for criminal investigation where the alleged offender could face criminal imprisonment or a fine, depending on the severity of the abuse.

What constitutes child abuse?
Child abuse manifests itself in several different ways, but the four most prevalent types of child abuse are:

•Sexual abuse: sexual abuse is when a child is forced to perform sexual acts with another child or adult, when a child is forced to watch the performance of sexual acts between other people or when a child is exposed to sexual activities of any kind, for example pornography.
•Physical abuse: physical abuse is when a child is physically hurt or injured by somebody. The abuse can be inflicted personally, for example hitting or kicking a child, or with the use of an object for example a cigarette.
•Emotional abuse: emotional abuse is when a child is continually shouted at, degraded or made to feel as if they are not loved. The child lacks the feeling of acceptance or approval as they are made to feel as if they are not good enough.
•Neglect: neglect of a child occurs when a parent or caregiver of a child does not provide the child with the basic necessities in order for that child to live, such as food, shelter, clothing, care and protection.