Adoption Unit

Background

The Adoption Unit is acting as the focal point in the adoption of children from foreign countries.  It also handles cases of legitimation of children having foreign nationalities and residing in Mauritius. The Adoption Unit is designated to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993. Moreover, the Adoption Unit is mandated to oversee, coordinate, monitor and regulate in-country and inter-country adoptions.

Objectives

The overarching principle of the Adoption Unit is to ensure that intercountry adoption takes place under conditions which help to guarantee the best adoption practices and elimination of abuses.

Mandate of the Adoption Unit

​​​To provide, lead and co-ordinate actions on policy, procedures, standards and guidelines on all adoption matters, training and inter country cooperation.

To inquire into all demands of adoption of a foreign child by Mauritian citizens.

To advise the Minister on all matters relating to demands of adoption received.

To co-operate with other countries in line with the recommendations of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Inter Country Adoption with a view to preventing the abduction, sale and trafficking in children.

To establish collaboration with other countries with a view to working together with regard to inter country adoption; Mauritius as receiving State.

International Instruments

The 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption

The 1993 Hague Convention was developed to establish standards which ensure that Intercountry adoptions take place in the best interests of the child and with respect for the child's fundamental rights.

The 1993 Hague Convention gives effect to the Article 21 of the United Nations Convention on the Rights of the Child by adding substantive safeguards and procedures to the broad principles and norms laid down in the Convention on the Rights of the Child.

The 4 General Principles of the 1993 Hague Convention:

Ensuring adoptions take place in the best interests of the child and with respect for his or her fundamental rights.

Establishing safeguards to prevent abduction, sale and trafficking in children for adoption.

Establishing co-operation between States.

Ensuring authorisation of competent authorities.

The Hague Convention has been considered crucial because it provides a formal international and intergovernmental recognition of Inter-country adoption to ensure that adoptions under the convention would be recognised and given effect in other party countries.

Mauritius is party to the Protection of Children and Co-operation in Respect of Intercountry Adoption (known as the 1993 Hague Convention) since 1998.

Legislation regarding Adoption in Mauritius

The Code Civil Mauricien

Presently, Articles 343 to Article 370 of the Code Civil Mauricien establishes the legal framework for local adoption and the adoption of a foreign child by way of “Adoption Simple" or “Adoption Plénière". It also provides for the “Legitimation par Adoption" which involves the adoption of the child of the applicant's spouse.  The adoption of a foreign child requires the authorisation of the State in the same manner as a naturalisation.

Local Adoption

Presently, the Ministry of Gender Equality and Family Welfare is not entertaining any cases of local adoption.

Local adoption is done outside institutionalisation. Local adoption is done through a private Attorney who lodges the case of adoption before the Judge of the Supreme Court.

The Supreme Court refers the case to the Ministère Publique for a social report to be conducted by the Probation and Aftercare Service before pronouncing an Adoption Order.

​ 

Policy of the Ministry regarding adoption of a foreign child by Mauritian citizens/foreigners residing in Mauritius

The actual policy for Mauritian citizens to adopt a foreign child is that:

• childless couples can adopt only one child, 
• a single person may also apply for the adoption of a foreign child, and
• the applicants shall be physically and mentally fit.  

Adoption of a Foreign Child by a Mauritian (Mauritius as a Receiving Country)

Mauritian citizens as well as foreigners residing in Mauritius and who wish to adopt a child from abroad submit their requests to this Ministry. Authorisation of the Prime Minister under Article 346 of the Code Civil Mauricien is sought prior to submitting the application to the country of origin.

Procedures for Adoption of a Foreign Child by a Mauritian

​Applicants must submit their demand for adoption by way of a letter indicating country from which they wish to adopt a child and the age and sex of the child. (Presently Mauritius has an agreement with India only).

A Home Study and Psychological Assessment of the applicants are carried out to assess their suitability to adopt.

Thereafter, an Approval of the Prime Minister is granted to allow the Prospective Adoptive Parents to adopt a foreign child.

The application is submitted to the country of origin and adoption procedures are followed as per the country's requirements.

After an Adoption Order has been pronounced in Court in the country of origin; the child is allowed to travel to Mauritius.

In Mauritius, the Adoptive Parents must retain the services of an Attorney to apply to the Judge of the Supreme Court to render “executory" the adoption order made abroad favour of the child.

Adoption Petition is issued by the Supreme Court.

A copy of the Rule of Adoption shall be submitted to the Adoption Unit in due course. Adoptive Parents should apply for Mauritian citizenship in favour of the child to the Citizenship Section of the Prime Minister's Office.

​

​​

​

•                        
  
• 
    ​