Debre Tabor University

School of Law
Law of Family Group Assignment

Title: An overview of the Ethiopian law of adoption: The past and the
present

Group-8
Group Members’ Name ID NO
1. Firesenbet Mola……………………………………………………………………………………..3274
2. Kalkidan Adera……………………………………………………………………………………....2502
3. Lemlem Banksira……………..………………………………………………………………..…..2549
4. Natnael Daniel……………………………………………………………………..……………..…2665
5. Robel Feyissa……………………………………………………………………………………...…2719
6. Teketel Elias………………………………………………………………………….……..………..2820

Set to: MR. Abebe

Submission date: 05/05/2015 E.C
Debre Tabor, Ethiopia.
 TABLE OF CONTENTS

TITLES Page

INTRODUCTION………………………………………………………………….…………………………….……………I
1. Definition of Adoption .………………………………………….…………………………………..….1

2. Historical Development of Adoption in Ethiopia ……………………………………….…..1

2..1 Adoption Before and After the Proclamation of the Civil Code of Ethiopia .….……..1
3. Types of Adoption ……………………………………………………………………………….………….2
3.1. Private Adoption ……………………………………………………………………………………….…………2
3.2. Institutional or Orphanage Adoption …………………………………………………………………..2
4. Essential Conditions of Adoption……………………………………………………………………3
4.1. Age ……………………….……………………………………………………………………………………………..3
4.1.1. Age of the adopter …..………………….………………………………………………………………3
4.1.2. Age of the adopted ……………………………………………………………………………………..4
4.2. Status ……………………………………………………………………………………………………………………5
4.3. Consent ……………………………………………………………………………………………………..…………6
4.3.1. Pre-birth Consent …………………………………………………………………………………..…..6
4.3.2. Minor Consent …………………………………………………………………………………..…....…6
4.3.3. Consent of Parents ………………………………………………………………………………….…..7
4.3.4. Tutor and Guardian consent …………………………………………………………………..…...7
4.4. Nationality ………………………………………………………………………………………………………..…..7
4.5. Physical Capacity ……………………………………………………………………………………………..….…8
5. Effects of Adoption ……………………………………………………………………………………………. 9
5.1. General Effects of Adoption ……………………………………………………………………….…..……..9
5.1.1. Complete Adoption ………………………………………………………………………………....……9
5.2.2. Incomplete Adoption ……………………………………………………………………………..….….9
5.2. Special Effects of Adoption ………………………………………………………………………….…………10
5.2.1. Marriage ……………………………………………………………………………………………………….10
5.2.2. Succession …………………………………………………………………………………………………….10
5.2.3. Rights and Obligations as to Support and Care………………………………………..…….11
6. Revocation of Adoption ……………………………………………………………………………………………..….11
7. Law of Adoption in Other Jurisdiction ………………………………………………..……….……13
7.1. Adoption in the U.S.A.……………….…………………………………………………………………………13
7.2. Adoption in France …………………………………………………………………………………..…………14
7.3. Adoption in South Africa …………………………………………………………………………………..…15
Conclusion ……………………………………………………………………………………………………………….………16
Reference ……………………………………………………………………………………………………………….……….17
 INTRODUCTION
In this group assignment we will see law of adoption in Ethiopian law in the past and the
present.
It is obvious that natural filiation creates parent-child relationships. Exceptionally,
though, an artificial filiation is formed by consent between an adaptor and an adoptee for a
variety of reasons. The main question is, Should this agreement be governed solely by the
agreement of the adopter and the adoptee? The involvement of the law is highly important
in defining the process of creating such an artificial family relationship, the rights and
obligations of the adopter and adoptee, the primary outcomes of adoption, and the process
of revoking an adoption when necessary. So as we aforementioned in this assignment we
will see how the Ethiopian law regulate such agreement the meaning of adoption, the
essential conditions of adoption, effects of adoptions and inter-country adoption.
Also we will see the law of adoption in other jurisdiction: U.S.A, France and South Africa.

I
1. Definition of Adoption
adoption is a way of home finding to children who have lost their natural parents by
death, desertion, or their misconduct, and in a secondary degree for children whose parents
are unable or unwilling to maintain them. And it is the practice of absorbing a child into a
family that a child is not born into and giving it the legal rights and duties of a child that is
naturally born to the adoptive parents.
The Ethiopian Civil Code of 1960 on Art. 796(1) defines adoption as “a bond of filiation
created artificially by a contract of adoption between the adopter and the adopted child.”
According to the civil code of Ethiopia, adoption is a contract of two particle but not
agreement .
With slight modification, the Revised Family Code, under Art. 180, defines adoption as an
agreement between a person and a child to create artificial filiation. It is an agreement that
grants the legal status of parent and child to a person and a child who are not related.
According to Ethiopian law, filiation is a grouping of people based on blood kinship.
Adoption is, therefore, acceptance of the laws of filiation in which such a connection is made
artificially.

2. Historical Development of Adoption in Ethiopia

2.1 Adoption Before and After the Proclamation of the Civil Code of Ethiopia
According to the historical development of adoption in Ethiopia, Adoption has a long
history dating back to the Holy Bible and man's first system of law (the Code of Hammurabi).
It was not mentioned in the Fetha Negest provision, which was the traditional legal
document.
Adoption, or "Guddifachae," is an indigenous and generation-old institution in Oromo
society, and it is believed that the legal concept of adoption and its practice originated in the
through the course of time, the practice of "Guddifachae" was adopted in the Amhara
Society Custom in the term of ‘’ Ye-Mar lij’’ or ‘’Ye-Tut lij’’. But its feature and importance is
different from that of the Oromo’s Society, and it does not Constitute and fulfill the legal
definition of adoption.
The Ethiopian Civil Code of 1960 was enacted to address civil matters such as adoption.
Since then, adoption has become a judicial act with serious legal consequences. Accordingly,
before the type of adoption is considered, the act should consider the general purpose of
adoption and such purpose should be for the interest or benefit of the adopted child in
accordance with article 805 of the C.C.

1
3. Types of Adoption
The RFC Ethiopia has clearly defined the agreement of adoption that may make based on
the two types of adoption. These two types of adoption are private adoption and
institutional adoption.
3.1 Private Adoption
Private adoption is the most common and simple type of adoption. It may make simply
through the agreement of natural parents of adopted child and adopter. In private adoption,
the parents of the child and the adopter agree to create artificial parent child relationship
between the adopted child and the adopter.
private adoption is more easy and faster than agency adoption in the process and
agreement of adoption. Because private adoption does not provide more investigation
about the capacity of adoptive parents. In addition, private adoption has some advantages
for natural parents of adopted child like they may participate in the choice of adoptive
parents.
The revised family code of Ethiopia has given recognition to private adoption. In private
adoption, both the father and mother have the right to make adoption according to Article
191(1) of the RFC. The court shall not approve the adoption where the agreement of
adoption may made without the consent of parents. In general, private adoption is the most
common and simple type of adoption.
3.2 Institutional or Orphanage Adoption
Institutional or orphanage adoption is replaced in agency adoption under many writers.
In agency adoption, the institution licensed by appropriate government authority carries out
every negotiation or arrangement including placement and choice of the adopter.
Agency adoption has some advantages regarding the agreement of adoption, Such as
• Professional investigation and approval of the adoptive parents and their home
• Continuity supervision of the time following the adoption and
• Maintenance of confidentiality concerning the natural and adoptive parent’s identity.
There is no clear vision or explanation about agency adoption in RFC. Article 192 of the RFC
of Ethiopia states that Orphanages, either governmental or private that may arrange
adoption. The same article provides for a possibility institutional adoption. On the other
hand, the possibility of agency adoption seems to be ruled out. Some researchers say that
article 192 of the RFC has not given full recognition for either institutional or agency
adoption. Because it is only orphanages that may arrange adoption of child and also they can
be licensed by appropriate government authority.

2
4. Essential Conditions of Adoption
there are essential elements, which must be fulfilled by adopter and adoptee.
4.1 Age
Age is one elements of adoption. Any person who wants to adopt a child must attain a
certain minimum age that specified in the RFC.
4.1.1 Age of the Adopter
When it comes to Ethiopian adoption law, the C.C. of Ethiopia lacks a specific provision
defining the minimum age of the child who may be adopted. Earlier, Article 797(1) of the
Civil Code stated that any person might adopt a child. The phrase "any person of age" refers
to Article 198 of the Civil Code, which specifies the age at which a person is no longer
regarded as a minor as being 18 years old. A person who is older than 18 years old is also
capable of adopting a child unless the law declares them to be incapable.
However, As we said in the above Any person who wants to adopt a child must attain a
certain minimum age that is enshrined in the RFC. As a result, the civil code of Ethiopia is not
applicable in adoption agreement. Since the agreement of adoption is made in accordance
with currently operational law of adoption. i.e. the Revised Family Cod of Ethiopia. 1
Unlike the Civil Code, The Revised Family Code of Ethiopia has clearly dealt with the age of
adoptive parents or adopters. But it like the civil Code does not provide the maximum age of
the adopter.
The RFC provides that “any person whose age is not less than twenty five years may
adopt. Where an adoption is made by two spouses, it is sufficient that one of them be of full
age of twenty five years.” 2 Hence, currently adoption agreement is made depending on the
concept of this article.3
 Why did the legislature raise the age of adoption to twenty-five years, as opposed to
the civil law?
There are two reasons for requiring a minimum age. First, adoption is a judicial act that a
minor may not undertake - the best interests of the child, which is the core objective of
adoption, may be the major argument for raising the adopter's minimum age restriction to
twenty-five years. The legislation argues that a person under the age of twenty-five is not
mentally and physically mature enough

1
Seife Retta, Valid Requirements for Adoption Agreements In the Revised Family Law, Case Oriented
Analysis, P. 13
2
Ethiopian Revised Family Code, Proc. of. 2000, Art. 184.
3
Seife Retta, Valid Requirements for Adoption Agreements In the Revised Family Law, Case
Oriented Analysis, P. 13

3
 to undertake the duties needed by the adoption agreement while also acting in the best
interests of the child.
Second, it arises from the nature of the rights and obligations that may be formed in
adoption agreements, as well as the aim of the adoption institution.
As previously stated, the Code has no upper age restriction because the objective of
adoption is usually to have someone as an heir. However, one may argue that in the case of
adoption, the best interests of the child take priority. So, if the adopter is too old and infirm,
he or she will be unable to give essential care for the child, which  is not in the best interests
of the child.
4.1.2 Age of the adopted
The 1960 Civil Code made no reference to the adoptee's age, The code have not expressly
stated that it is only minors who can be adopted. In support of this argument, Art. 802 of the
Civil Code may be cited. In this article, it is stated that the contract of adoption shall be made
between the adopter and the adopted child. It seems that even an adult can be adopted. At
least, there is no express limitation imposed by the law.
But the RFC stipulates that any person under guardianship who is younger than 18 years
old may be adopted.4This means that once a person reaches the age of majority, there is no
reason to adopt them because they are capable of taking care of themselves. But a close
reading of Art. 185 reveals that this requirement shall be accompanied by another
requirement; that is, the person shall be under guardianship. This shows that even if a
person is less than eighteen years of age, he may not be adopted if he is not under
guardianship or if he is emancipated. 5 In principle, anyone under the age of eighteen must
be monitored by a guardian. And a person is considered emancipated when he reaches the
age of 18. However, a person may be emancipated or released from guardianship
administration even if he does not reach the full age of 18. This individual cannot be adopted
because he does not satisfy the second requirement mentioned in Article 185.( The person
shall be under guardianship). According to the RFC The two situations, whereby a person
who does not attained the age of 18 may be emancipated are, Marriage (Art. 311) and
Explicit emancipation (Art. 312).
Finally, one item about the adoptee's age should be mentioned. That is the adoptee's
minimum age. The minimal age of the adopted is not specified in the law. Adoption is
possible for minors of any age. The law has even gone so far as to allow the adoption of a
merely conceived child, Art. 187(1) of the RFC stated that “A child merely conceived may be

4
Ethiopian Revised Family Code, Proc. of. 2000, Art. 185
5
Mizanie Abate, Commentary on Family Law, P 230

4
adopted.” But sub-article 2 of this article stated that this agreement may be revoked
unilaterally by mother within six months following the birth of the child.
In fact, If a person wants and allows a person over the age of 18 to give the rights and
benefits and if he decide to take care of him equally as his children, it’s is no prohibited. But
this case should be treated by gift law, succession law or other relevant laws, not through
adoption law.6
No child may be adopted by several persons unless these are two spouses. (Art. 189 (1)
but in case of death of the adopter, a new adoption is permitted. (Art. 189 (2)). a child has
been adopted by two spouses and one of such spouses dies, the child may be adopted by
the new spouse of the survivor (Arts. 189 (3)). The law fails to expressly provide, a child may
be adopted by another person where a former adoption is revoked as per Art. 195 -196.
4.2 Status
In ancient Guddifachae system,that made before proclamation of the civil code, a single
man or woman can’t adopt the child. the bodies that can adopt the child are the married
persons or couples lives as husband and wife. The record of Ethiopia’s ancient judgments
clearly states that:
“ለዝምድና ተሳስብው ሴት እና ወንድ የጡት አባት ወይም የጡት ልጅ ሊኳ ኋኑ ህግ አይፈቅድላቸውም።”7

The reason for this is there seems to be a fear that Parent-child relation ship may lead to an
unwanted sexual intercourse.8
When we come to Ethiopian adoption law, there are no limitations or prohibitions for
adoption by a single individual under the civil code and RFC. it emphasized more regarding
to the status of married couples including age, common desire and capacity of the two
spouses.
According to Art. 797(2) of the Ethiopian Civil Code two spouses may enter into an
adoption agreement if one of them reaches full legal age. In this regard, age is one of the
conditions for two couples to adopt a child. In an adoption contract, the two couples must
have a common desire. It means that a contract of adoption may not be made unless the
two spouses conjointly adopt the child. 9
Similarly as we mentioned in the above on the RFC there is no provision which prohibits
adoption by a single person; In addition,Article 180 of the code states that “Adoptive filiation
may be created by an agreement between a person and a child.” By reading of this article
we can understand the single person can adopt the child. The reason for permitting
6
Mehari Redai, The content of the Federal family law and it’s application, P.263
7
12th Ethiopian ancient judgments, No. 143.
8
Mehari Redai, The content of the Federal family law and it’s application, P. 264-265
9
Civil code of Ethiopia, 1960, Proc.No. 165, Art 798(1)

5
adaptation by single person seems to be in order to allow each adoption request to be
considered independently and to be decided and to expand the opportunities of children
who deserve to receive adoption service.10
According Art.186 of the RFC, If the adopter is married the child is adopted by spouses
jointly. But sub-article 2 and 3 of this article stated that, this doesn’t apply where a person
adopts the child of his spouse, and one of the spouses is not in a position to manifest his/her
will.
Moreover, adoption by a couple is preferred due to the chance that couples will give a more
"regular" family atmosphere than a single adopter.
4.3 Consent
In adoption, consent is essential element for the formation of adoption. The kind of
adoption determines whose consent is necessary for the adoption agreement. the consent
of some organs in adoption agreement are classified in the following sub-section.
4.3.1 Pre-birth Consent
The human person is the subject of right from its birth to its death. 11 There are some
exceptional cases in which the conceived child shall be considered to be born. In case of
adoption of merely conceived child, as we said before, the biological mother of the
conceived child must give her consent to the adoption prior to the birth of the child. In
addition, the mother has the ability to unilaterally cancel the adoption agreement within six
months after the child's birth.
4.3.2 Minor Consent
Under Ethiopian Civil Code, Article 198, a minor is defined as "a person of either sex who
has not attained the full age of eighteen years". The Ethiopian Revised Family Code also uses
the same definition of the word minor. This age limit may be reduced into fifteen years
because of the decision of family council where the minor is married.
there are some exceptional cases in which a minor may act like a capable one and exercise
some rights without protection or organs. The one is, A minor who is over ten years may give
his consent to the adoption. And also a minor may made an adoption agreement with the
adopter where he attains the age of fifteen years.
The court may, for example, approve the agreement of adoption with hearing a minor who
is over ten years of age where the natural parents are not alive, known and willingness in a
position to manifest their will and where a minor has no ascendant susceptible of giving his

10
Mehari Redai, The content of the Federal family law and it’s application, P. 265
11
Civil code of Ethiopia, 1960, Proc.No. 165, Art 1.

6
consent.12 Therefore, in some extraordinary circumstances, even if the child has not reached
the age of majority, the court will protect the consent of a minor who is above ten years old
in an adoption agreement.
4.3.3 Consent of Parents
Since the child is born, any person, particularly the natural parents, is responsible to up
bringing the child.13 Both natural parents of the child must give their consent to the
adoption, where they are alive and known, before adoption agreement is approved by the
court.14 There fore, the consent of natural parents of the adopted child to adoption
agreement is one of the essential elements of adoption.
4.3.4 Tutor and Guardian Consent
As a rule or principle, the function of the guardian or tutor is vested in one person. But,
there are some cases in which such functions may be given for two different persons. 15
According to the RFC, “The agreement of adoption shall be made between the adopter and
the guardian of the adopted child.”16 So the guardian of the adoptee shall give his/her
consent on agreement of adoption.
4.4 Nationality
In Ethiopia, an Ethiopian child can be adopted by a person whether he/she is an Ethiopian
or not. In the civil code there was no difference in the process of establishing an adoption
agreement, whether the adopter was a foreigner or an an Ethiopian. In fact, the provisions
of adoption were said to be applicable even if the adopter is a foreign citizen. But the code
did not have a clear provision about the adopter of a foreign citizen.
Also the Revised Family Code does not make distinction between Ethiopians and
foreigners with regard to being an adopter. However, The law is much more strict in the
adoption agreement, when the adopter is not an Ethiopian and such adopter intends to take
the child abroad.The code has laid down detailed provisions on special precautions to be
taken when then adopter is a foreign citizen under article 193.
Art. 193 (1) (3) and Art. 194 (3) (e) require a competent authority to submit adequate
information before the court accepts the adoption. Currently, the authority following the
well being of children is the Ministry of Labour and Social Affair. The Ministry is now
handling the issue of adoption of an Ethiopian child by a foreigner in accordance with the

12
Ethiopian Revised Family Code, Proc. of. 2000, Art 191(3)
13
Ibid, Art 219.
14
Ethiopian Revised Family Code, Proc. of. 2000, Art 191.
15
Seife Retta, Valid Requirements for Adoption Agreements In the Revised Family Law, Case
Oriented Analysis, P. 20.
16
Ethiopian Revised Family Code, Proc. of. 2000, Art 190.

7
procedures set out for this purpose in a Guideline on Alternative Child Care Programs,
(2001).
- able to produce a certificate proving that the applicant's state legislation is in accordance
with Ethiopian adoption legal requirements;
- at least, twenty five years of age;
- capable of producing a certification from a competent and defined governmental agency
verifying that he/she has a sufficient income to maintain the child;
- Free of any incurable and/or infectious disease and any mental health issues.
- Free from any criminal activities;
- If the applicant is married, he or she must be able to present a marriage certificate, as well
as a document verified by a competent governmental agency showing the approval of
the applicant's spouse to adopt the kid.
However, even with all these precautions, it is heard from various stakeholders that
foreign adoption does more harm than good. After taking the children abroad for adoption,
they are going to be given to inhumane treatment due to the pressure of opposition from
different directions.
N.B* An amendment to the decree repealing foreign adoptions was recently approved by
the HPR. Therefore, It means that Articles 194 and 195 of the RFC have been repealed. 17
4.5 Physical capacity
Article 192 of Ethiopia's civil code states that "every physical person is capable of
performing all actions of civil life unless he is declared incapable by the law." It stated that
anyone can acquire and discharge his or her tasks and responsibilities. He is also capable to
perform judicial acts where as he is incapable to perform judicial acts in accordance with the
declaration of the law.
As said before, adoption is a judicial act with serious legal consequences. In this regard,
the physical capacity of the adopter is the most important aspect of the adoption
agreement.This is due to the fact that an adoption agreement grants the adopter parental
rights and imposes duties and responsibilities. The adoptive is responsible for raising the
child in a stable environment that supports the child's well-being and best interests. The
adopter's capability should be assessed in light of his mental, physical, economical, and
social conditions.
This essential element of adoption does not clearly stated in any provision of the RFC and
the C.C. However, the RFC article 194(3) says that the court shall take into consideration the
capability of the adopter to raise and take care of the child before making its decision.
17
Mehari Redai, The content of the Federal family law and it’s application, P.271

8
 This article enables us to say the physical capacity including mental, economic and social
condition of adopter is inviolable to promote the welfare and interest of the adopted child.
In other words, the capability of adopter shall be considered to achieve the fundamental
purpose of adoption i.e . the best interest of the adopted child in adoption proceedings.
As a result, the requirement of the adoption agreement based on the physical capacity of
the adopter is included in the RFC. Before approving the adoption agreement, the court
must also ensure that the adopter is capable of treating the adopted child as his own child
and fulfilling the adoption principle in accordance with article 194(3).

5. Effects of Adoption
When an adoption agreement is concluded in accordance with the requirements
specified in the above mentioned legal provisions, it shall have legal force. We can
categorize the legal effects of adoption under two categories for the sake of this discussion.
This are: general effect of adoption and specific effects of adoption.

5.1 General Effects of Adoption

In terms of general effects of adoption, There are two adoption approaches that should be
taken into consideration. They are complete adoption and incomplete adoption.
5.1.1 Complete adoption
In a complete adoption, the adopted child must fully integrate into the adoptive
family and obtain child status without any limitations. The adoption is so complete that it
satisfies all of the needs of the adopted child's relationship with his or her biological parents.
The child forfeits his or her inheritance to an inheritance and support system  from his or her
biological parents and family. Similarly, the natural parents forfeit any inheritance and
other rights they may have derived from the relationship.
5.1.2 Incomplete adoption
Although the adopted child acquires the status of a child in the adoptive family, the bond
between the adopted child and his/her natural family remains intact.The child is still entitled
to inherit from his or her biological parents and relatives, and vice versa.
Ethiopians law of adoption recognizes the incomplete adoption. The adopted child shall,
for all purposes, deemed to be child of the adopter (Art. 181 RFC). so the adopted child shall
be legally related to all members of the adopter’s family.But Art. 182(1) stated that
“Adoption shall be of no effect with regard to the ascendants or collaterals of the adopter
who have expressly opposed the adoption.” so even if the adoptee become the adopter
child, it haven’t effect over relatives who opposed the adoption. But this opposition works
only for ascendants and collaterals of the adopter, not the descendants. Those who object to

9
the adoption agreement should register their opposition in the court’s records within one
year after they find out the agreement has been approved by the court. 18 Otherwise, their
silence amount as acceptance.
However, this adoption agreement does not imply that the adoption will completely
break ties between the adopted child and his or her biological family. Art 183 (1) of the RFC
stated that “The adopted child shall retain his bond with the family of origin.” And also The
spouse and descendants of the adopted child will also be related to the natural family of the
adoptee, (Art. 183 (2) RFC). But if the choosing between his natural family and his adoptive
family is necessary, the family of adoption shall prevail.( Art. 183(3) RFC). Therefore, even if
adoptive parents are given priority, adoption under our law does not completely eliminate
all of the rights and duties of the adopted person with regard to his birth family and vice
versa.

5.2 Specific Effects of Adoption

specific effects it may create on the adopted child, adoptive parents and his families, but
for this topic we mainly focus on marriage succession and Rights and obligation effects.
5.2.1 Marriage
There are certain conditions on both civil code and RFC to be fulfilled before marriage is
concluded.
The Civil Code I Art. 582 provides that marriage between persons related by
consanguinity and affinity is prohibited. Art. 556 of the Civil code stated that, Bonds of
consanguinity and affinity may be created by a contract of adoption. So by reading this
article we can easily understand the impediment of marriage between persons related by
consanguinity and affinity also apply in case of adoption.
Also the RFC hold the same position as a civil code. According to article 8 and Art. 9 of the
RFC, marriage between persons related by consanguinity and affinity is prohibited.Art. 181
of the RFC also provides that “an adopted child shall, for all purposes, be deemed to be the
child of the adopter.” Therefore, relationship established by adoption may be an
impediment to marriage in accordance with the RFC.
5.2.2 Succession
Because adoption creates an artificial filiation, the rules of the Civil Code governing
intestate and testate succession apply to the adopted child. But, as we mentioned in the above,
since our law does not completely remove the natural relationship between the adopted child
and the family of origin, questions about inheritance will surely arise.

18
Ethiopian Revised Family Code, Proc. of. 2000, Art 182 (2)

10
- Inheritance from the Adopted Child :- By in light of Art. 183 (3) of the RFC we can conclude
that, The natural parents can not claim the estate of their deceased child unless
the estate is to devolve up on the state (ESCHEAT).
- Inheritance by the Adopted Child :- There is no provision in our law that allows or prevents
an adopted child from inheriting his natural parents.
5.2.3 Rights and Obligations as to Support and Care
Adoptive parents have a responsibility to assist and look after the adopted child. the
right of the child to have guardian care is also included in the FDRE Constitution and UN
`Convention on the Rights of the Child. Since an adopted child enjoys the equal rights as a
child who was born naturally, He has also the right to get support and care. However, the
adopted child, may not claim maintenance from the family of origin of the adopted child
unless the adoptive family isn’t in a position to supply such maintenance.
In return for support and care, a child who is capable, has reciprocal duty to give
maintenance to his adoptive parents. As expressly put under Art. 198 of the RFC an
obligation to supply and maintenance exists between relatives by consanguinity or affinity in
the direct line and between brothers and sisters. With regard to obligation to supply
maintenance to natural parents, there is no provision which obliges or prohibits. Therefore,
whether to provide maintenance or not is up to the parties.

6. Revocation of Adoption
Even though the agreement of the adopter and the adoptee establish adoption filiation,
it cannot produce any legal effect unless it is approved by the court. 19 Before approving the
adoption arrangement, the court must strongly determine that it is in the child's best
interest.20
In Ethiopian ancient judgments before the the civil code clearly stated the irrevocability of
adoption as “የጉዲፈቻ ልጅ የጉዲፈቻ አባቱ ካዘዘው ትእዛዝ ወጥቶ የሚካድበት ሥራ ካልሠራ በስተቀር
ከአብራኩ የተወለዱትን ልጆች እንደሚያሳድር እንጂ አንድ ምክንያት ፈጥሮ ከቦታዬ ተነስተህ ሂድ ለማለት
አይገባውም።”21
But it seems quite different from the reason of revocation of adoptation of current law,
because in the ancient judgment the reason for the revocation of adoptation seems like
protect the interest of the adopter, but the reason for revocation of adoptaion in current
law is different, we will see in the future.

19
Ethiopian Revised Family Code, Proc. of. 2000, Art 194(1).
20
Ibid, Art 194(2).
21 th
171 Ethiopian ancient judgjments, Ch.285, File No.15, P.123

11
 An adoption is not revocable under the Ethiopian civil code, as clearly stated in Article
806 CC.But, there is only one possibility to revoke adoption in accordance with article 799 of
C.C. It states that the conceived child mother’s may revoke the adoption agreement
unilaterally before or within the three months following the birth of child. 22 Apart from that
an adoption is irrevocable.
The RFC in Art. 195(1) also stated that If an adoption is approved by the court, as a
matter of rule, it is not revocable However, unlike Art. 806 of the Civil Code which provided
for the irrevocability of adoption for whatever reason, the RFC stated exception to
irrevocability of adoption as “Where the adopter, instead of looking the adopted child as his
own child, handles him as a slave, or in conditions resembling slavery, or handles him in any
other manner that is detrimental to his future,the court may revoke the adoption.” 23
What we have to notice in here is the reason for canceling the adoption agreement isn’t
only whether the child has been injured or not, but if it is believed that their will be actual
damage to the child’s life if the adoption continues even if there is no current injury.
Regarding the cancellation of the adoption agreement, it seems appropriate to raise the
case that starts from the Federal Court of First Instance and reached the Federal Supreme
Court cassation bench.
 The case is that the adoptive parents filed a petition for the annulment of
the adoption agreement after it was approved by the court. According to
their complaint, it was confirmed by a doctor that the child has mental
retardation and the adopters are not able to take care of the child. The court
looked at the case and rejected the request, criticizing the fact that the
reason proposed for the termination of the agreement was not sufficient to
terminate the contract. The applicants appealed this decision to the Federal
High Court, but the Court of Appeal dismissed the appeal and closed the
file.Then the petitioners took the case to Cassation and the cassation bench
decided it as follows.

They file a request to cancel the adoption agreement after the agreement and court
approval because a doctor confirms that the child has mental retardation.In their complaint,
the applicants stated that they can adopt a healthy child and due to the child they adopt

22
Seife Retta, Valid Requirments for Adoption Agreements In the Revised Family Law, Case Oriented Analysis,
P.26-27.
23
Ethiopian Revised Family Code, Proc. of. 2000, Art 195 (2)

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have a health problem they do not have the financial capacity to cover the additional
expenses required for the child's upbringing and health.

from the petitioners' petition It can be understood that, the adopters have adopted a
mentally retarded child who needs special care and treatment as well as supervision, In order
to do this, it is not confirmed that the adopters have the capacity to do so or that they
agreed and permit to pay the costs.

Decision

1. The decision of the FFIC in File No. 136357 dated May 3, 2001, as well as the decision of
the FFIC in File No. 82881 dated October 12, 2002 is upheld.
2. The adoption contract signed by the second and third respondents on December 28,
2001 and approved by the court on March 16, 2001 to adopt baby Fetene has been
canceled. By knowing this, A copy of the decision must be submitted to the lower court,
to do the right thing. The record is closed. Return to the registry office. 24

For additional case about revocation of adoption we can see the the cassation decision, on
the case between Ms Franswicy Pastor and respondents Mr Dukeman Veno and Ms Barbot
Lititia, In volume 10 File no. 44101, Feb 24 2002.
Who can made the petition for the revocation?
According to Art. 196 (1) of the RFC, The petition for revocation of adoption may be made
by the child, a government organ authorized to follow up the well-being of children or any
other interested person. The adoption is revoked by the court if it finds that the petition is
properly grounded.

7. Law of adoption in other jurisdictions

8.1 Adoption in the U.S.A
Before the adoption process can begin, there are several essential conditions that must be
met. These conditions are necessary to ensure that the
adoptive parents are able to provide a safe and loving home for their new family member.
One of the essential condition of adoption in the U.S. is that the adoptive parents must be
21 years of age. This is to ensure that the parents are mature enough to handle the
responsibility of raising a child. In regard of the age of the adoptee, You can adopt someone
over the age of 18.

24
Bete-zata childrens home association and no Respondant, Vol 10, Cassation File No. 52691, (April 21, 2002)

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 Many people choose to adopt an adult to give that person all the legal rights of a
biological child. These rights include inheritance.
To adopt a child from another country and bring that child to live in the United States,
You must meet certain requirements
1. You must be a U.S. Citizen.
2. If you are unmarried, you must be at least 25 years old.
3. If you are married, you must jointly adopt the child, and your spouse must also be
either a U.S. citizen or in legal status in the United States.
4. You must meet certain requirements that will determine your suitability including
criminal background checks, fingerprinting, and a home study.
To adopt a child in U.S ones must be a U.S. Citizen. If The adopter is unmarried, He/She
must be at least 25 years old. If the adopters are married, they must jointly adopt the child
(even if they are separated but not divorced), and the adopter spouse must also be either a
U.S. citizen or in legal status in the United States.
Another essential conditions of adoption in the U.S. is that the adoptive parents must be
financially stable and must prepared emotionally and mentally raising a child.
8.2 Adoption in France
Adoption is normally permitted for children under the age of fifteen if the child has lived
in the home of the prospective adopter(s) for at least six months. for children over the age
of fifteen Plenary adoption is permitted (assuming all other conditions are met) "during the
child's minority and within two years following his coming of age" only if the child, prior to
reaching the age of 15, either 1. lived in the home of persons who did not fulfill the
statutory requirements for adopting or 2. was the subject of an ordinary adoption. If the kid
is over the age of 13, he or she must provide his personal consent to the plenary adoption.
if the adopter is married both spouses consent is required unless the spouse is incapable
of expressing his /her intention.
Spouses seeking to adopt must have been married for more than unless both are older
than 28 years. This age requirement isn’t imposed in the case of adoption of the spouse’s
child. A single person must be over 28 years of age.
The age difference between the adopters and the adopted child must be 15 years. In cases in
which the child is a spouse’s child, the required difference of age is only 10. However, the court
may with good reason, make the required age smaller.
Similarly with Ethiopian law of adoption, also in french law, There are no requirements
regarding race or religion.

14
 Both the biological father and mother must give consent to the adoption. When both of
them unable to give consent, the consent is given by the family council. When the child is
over 13 years, he or she must personally consent to the adoption.
In cases of foreign adoption, the adopter must fulfill the procedures of the Hague must
fulfill the procedures of the Hague convention that ratified in 1998.
Consent of the parents may be revoked within 2 months.
8.3 Adoption in South Africa
no person under the age of 25 years could adopt a child unless he or she or (in the case of
a joint adoption) his or her spouse was the natural parent of that child there are no legal
requirements regarding the age difference between the adoptive parents and the child.
consent to an adoption must be obtained from -both parents of a legitimate child and the
child must also consent to the adoption if the child is over 10 years of age.
Consent must be in writing The person concerned may withdraw the consent in writing
before any commissioner at any time during a period of up to 60 days .
adoption terminates all the existing rights and obligations between the child and his or
her previous parents, and the relatives of the parents. In this sense, Likely to Ethiopia, The
South Africa law of adoption follows incomplete adoption.
An order of adoption can be revoked on application to the court by the adoptive
parents, if- the adoption is harmful to the child
- the parents of the child did not consent to the adoption, and such consent was
necessary for the adoption
-at the time of making the adoption order the adoptive parent did not qualify for
obtaining an adoption order.
The adoptive parent can apply for the rescission of the adoption order on the grounds
that: (a) the child is mentally disordered and was already so at the time the adoption
was made;
(b) the child suffered from a serious congenital disorder or injury at the time the
adoption order was made; or
(c) the adoptive parent was persuaded to adopt the child by means of fraud,
misrepresentation or fundamental error.

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Conclusion
→ In this group assignment we have discussed about Meaning of adoption and
how it’s regulated under Ethiopian law of adoption.
→ Firstly, We have seen the meaning of adoption. Adoption is artificial filiation
established by agreement to be entered between the parties concerned. According to
the civil code of Ethiopia, Define adoption as a contract of two particle but not
agreement .
→ Third, We have seen the historical background of adoption in Ethiopia. It has a long
history dating back to the Holy Bible and man's first system of law (the Code of
Hammurabi). From a long time ago it have been practiced in Oromo society in the term
of "Guddifachae". Then, it was adopted by Amhara Society and practiced it as a name of
‘’ Ye-mar lij ‘’ or ‘’Ye-Tut lij’’. In 1960’s civil code, adoption has become a judicial act
with serious legal consequences.
→ Fourth, We try to discuss types of adoption under Ethiopian law of adoption, The
revised family code of Ethiopia deals wit the two type of adoption. These are private
adoption and institutional adoption. Private adoption meant that the agreement of
adoption shall be made between the adopter and the guardian of the adopted child.
Where as, in agency or institutional adoption every negotiation or arrangement
including placement and choice of the adopter is carried out by the institution licensed
by appropriate government authority.
→ Fifth, We also tries to cover essential conditions of adoption that are must be fulfilled
to adopt a child in Ethiopia. This essential conditions are necessarily to promote the
welfare and best interest of the child.
→ Sixth, We try to discuss about effects of adoption. The effect can be categorized into
two, General effect and Special effect. The general effects are complete and incomplete
adoption. As we aforesaid our law follows incomplete adoption. The special effects of
adoption are, adoption becomes an impediment to marriage; secondly, it creates the
obligation to supply maintenance and rights and duties of support and care between
the adopter and the adoptee.
→ Seventh, We have seen about revocation of adoption. Adoption may be revoked
regarding the protection of the adopted child.
→ Finally, We try to compare law of adoption in other 3 jurisdictions; U.S.A, France and
South Africa.

16
Reference
I. Books

 Seife Retta, Valid Requirements for Adoption Agreements In the Revised Family Law:
Case Oriented Analysis, St Mary’s University College, Addis Ababa ,Ethiopia,(2008).
 Mehari Redai, The content of the Federal family law and it’s application.( Amharic
Version), A.A (2012).
 Mizanie Abate, Commentary on Family Law. For Distance Education. Bahir Dar
University, (2006).
 G.Shannon, R.Horgan, G.Keehan, C.Daly. Adoption - Law and practice under the Revised
European Convention on the Adoption of Children, 2014.
 Elias N. Stebek. Law of persons: Teaching Material .Faculty of Law, St, Mary’s University
College, A.A Ethiopia, 2007.
 Bryan A.Garrer. Black’s law dictionary, 8th ed, united state of America,1999.
 Glynis van der Walt, The history of the law of adoption in South Africa, VOL. 35, NO. 3
(2014)
 Federal Supreme Court Cassation Decisions, Vol 10, Addis Ababa, 2008.
 Aschalew Ashagre, Martha Belete. Law of Family: Course Material, Justice and legal
systems research institute, Addis Ababa, Ethiopia, (2008)
II. Legal Documents

 Civil Code of Ethiopia 1960. Proc: No 165

 The Revised Family Code, Federal Negarit Gazetta, and extraordinary
Issue No. 1/2000, Proc. 2000

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