ABSTRACT

Adoption is usually done by married persons who cannot have a child of their own. Marriage on one hand is a contract; it is a contract entered into between a man and one or more women. Marriage, also called matrimony or wedlock, is a culturally recognized union between people, called spouses, that establishes rights and obligations between them; as well as between them and their children; and between them and their in-laws. 

It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. Probably the single greatest deficiency in current Cameroonian adoption law is the lack of any legislative provision dealing with access to birth and adoption information.

The general objective of this work therefore is to examine the law on adoption in Cameroon. In order to achieve this, the work adopts the qualitative research methodology. One of the main findings of the work is that individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice and individual desire and that in some cases these married persons may decide to go in for adoption. The work strongly recommends that adoption information should be made easily accessible to the population.

CHAPTER ONE
GENERAL INTRODUCTION

1.1 Background to The Study
Adoption is usually done by married persons who cannot have a child of their own. Marriage on one hand is a contract; it is a contract entered into between a man and one or more women. Marriage, also called matrimony or wedlock, is a culturally recognized union between people, called spouses, that establishes rights and obligations between them; as well as between them and their children; and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned.

In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding .
Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice and individual desire. In some areas of the world arranged marriage, child marriage, polygamy, and forced marriage, are practiced. In other areas such practices are outlawed to preserve women’s rights or children’s rights (both female and male) or as a result of international law.
Writers on the subject of adoption argue that the legal institution of adoption is as old as humankind and that it can be found in the writings of the Greeks, Egyptians and Romans .

Adoption was an integral feature of Roman family law. It has always been a part of Continental European legal systems based on Roman law, largely for inheritance purposes. In all States, a child under the age of 18 may be adopted. Adoption is indeed primarily a service for children, but adoption of adults is permitted in special circumstance .
It is argued that the institution was the result of the core structure of the society that was founded on the family, with marriage centred on procreation and maintaining family blood lines. Van der Walt argues that the Bible provides an example of adoption in the story of Moses and Jesus, in that Jesus was the adopted child of Joseph .

She further argues that Paul uses the word ‘adoption’ five times in his letters to the Ephesians. She also points out that the New Testament uses the Greek word Huothesia when referring to adoption and that the word means ‘to place a son’ . One can therefore say that the doctrine of adoption has essentially a religious background, which has been in existence from the time Immemorial .
Adoptions can be closed or open. In “closed” or “confidential” adoptions, the birth family and the adoptive family have no identifying information about each other.

Children may not be informed that they have been adopted, and they may have no way of tracing biological kin. If the child comes from a different cultural background than his or her adoptive parents, their heritage might be marginalized or ignored. Closed adoptions, therefore, have the potential to dissolve all ties between an adoptee and her biological family .

“Open” adoptions, which are becoming increasingly common across the world, allow for a full disclosure of identities on both sides. Open adoptions facilitate direct interaction between the adoptive family, the adopted child, and any birth relatives. The child’s birth culture may more easily be respected and promoted by the adoptive family and incorporated into the family’s daily life. However, the categories of closed and open are better understood as idealized types, as most families experience a hybrid form of adoption that comprises elements of both open and closed adoption practices.

All states regulate adoption by statutes that prescribe adoption procedures; determine who can adopt, who can be adopted, and who can place children for adoption; and dictate the legal effects of adoption on the child, the birth family and the adopting family. The law of adoption is also shaped by judges who make decisions based on the facts of each case concerning questions such as whether the rights of birth parents should be terminated and whether adoption is in the best interest of the child. These decisions sometimes establish principles that become precedents for decisions in other cases .

The Convention on the Rights of the Child (CRC) places great emphasis on the best interest of the child. Article 20 and 21 provide for procedural and substantive protections pertaining to domestic and intercountry adoption processes. For instance, States are obliged under Article 21(a) to ensure that the adoption process comply with the applicable law and procedures. Whereas Article 21 (b) recognizes intercountry adoption as an ‘alternative means of child care’, it clearly prioritizes placing a child in foster care or an adoptive family within the child’s country of origin. This according to Article 20 (3) reinforces the development of the child within his/her ethnic, religious, cultural, and linguistic background. Moreover, Article 21 (d) places an obligation on State parties to take appropriate measures to ensure that persons involved in intercountry adoption do not enjoy improper financial gain.

These protections are expounded in the UN Guidelines for the Alternative Care of Children.
In Cameroon, there is a formal process of adoption, which is based on the 1804 Napoleonic Civil Code. This is also apparently cited in “Ordinance No. 81/02 of 29th June 1981 on the organization of the registry office and various provisions on the status of natural persons”. There are two categories, simple and full adoption; whereas simple adoption may be revoked, full adoption is final.

1.2 STATEMENT OF THE PROBLEM
Probably the single greatest deficiency in current Cameroonian adoption law is the lack of any legislative provision dealing with access to birth and adoption information. Despite the fact that there has been a substantial increase in the number of adopted persons seeking information about their birth parents and in the number of birth parents seeking to trace children given up for adoption, neither enjoy any statutory right of access to the relevant information. It must be remembered that the tendency towards secrecy in the adoption process cannot be attributed to any specific statutory provision but rather to established practice among adoption agencies and other professionals.

Another problem when it comes to adoption in Cameroon is that it is practically impossible to regulate international adoptions unilaterally. Many adopters do not see the complex legal and practical problems associated with intercountry adoptions. In such circumstances it behooves the State to take a principled and measured approach to the issue of standards and safeguards which protect all parties involved in the process and this is actually not the case in Cameroon.

By Cameroonian law, child adoption is recognized, but the way the process is carried out is problematic because some people have the belief that adopted children become slaves, while others believe that adoption is illegal. Statistics of child adoption in Cameroon are not easy to come by since the Ministry of Justice, which is the arm in charge of ensuring the legality of the process, and the Ministry of Social Affairs seem to not have established a convergent point on the issue.
1.3 RESEARCH QUESTIONS
1.3.1 MAIN RESEARCH QUESTION