International Adoption

Mauritius may be either a country of origin or a receiving state for the purposes of intercountry adoption.

The National Adoption Council is mandated by law to —

(a) inquire into all demands for the adoption of citizens by non-citizens before any application is made to the Judge in Chambers;

(b) advise the Minister on all matters relating to demands referred to in paragraph (a); and

(c) coordinate with overseas official agencies engaged in the adoption and welfare of children.

The Adoption Unit operating under the aegis of the Ministry of Gender and Equality and Family Welfare, acts as the Central Authority for intercountry adoptions. Through its Adoption Unit, the Ministry is therefore responsible for processing all intercountry adoption applications and for ensuring that such adoptions are carried out in full compliance with the 1993 Hague Convention.

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption

Mauritius is a party to the Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption (the "1993 Hague Convention"), which entered into force for Mauritius in January 1999.

The 1993 Hague Convention is the leading international framework governing intercountry adoptions. Its primary purpose is to protect children, birth parents and prospective adoptive parents from the risks associated with illegal, irregular or poorly managed adoptions, and to prevent the sale of and trafficking in children.

The Convention was developed to establish internationally recognised standards ensuring that intercountry adoptions take place in the best interests of the child and with full respect for the child's fundamental rights. It gives effect to Article 21 of the United Nations Convention on the Rights of the Child by adding concrete safeguards and procedural requirements to the broad principles set out in that instrument.

A cornerstone of the Convention is the requirement that each signatory State designate a Central Authority to serve as the official point of contact and to carry out the obligations

imposed by the Convention.

The Convention rests on four general principles:

1. Best interests of the child: all intercountry adoptions must take place in the best interests of the child and with respect for his or her fundamental rights.
2. Subsidiarity: intercountry adoption is a measure of last resort. A child should, wherever possible, be raised by his or her birth family or extended family. Only where this is not possible should intercountry adoption be considered.
3. Prevention of abuse: Contracting States must establish safeguards to prevent the abduction, sale of, and trafficking in children for the purpose of adoption.
4. Intercountry cooperation: States party to the Convention must cooperate with one another to ensure that these safeguards are consistently applied.
   
   
   Mandate of the Adoption Unit
   
   
   The Adoption Unit is mandated to:

• develop, lead and co-ordinate policy, procedures, standards and guidelines on all intercountry adoption matters.
• inquire into all applications for adoption of foreign child by Mauritian citizens or foreigners residing in Mauritius.
• advise the Minister on all matters relating to intercountry adoption applications.
•  co-operate with other countries in accordance with the 1993 Hague Convention obligations with a view to preventing the abduction, sale of and trafficking in children.
• establish and maintain collaborative frameworks with other countries on intercountry adoption where Mauritius acts as receiving State.
  
   
  
  Adoption of a Foreign Child by a Mauritian Citizen or a Foreigner Habitually Residing in Mauritius
  
   
  
  Policy
  
  Where a Mauritian citizen or a foreigner habitually residing in Mauritius wishes to adopt a non-citizen child from abroad, the policy of the Adoption Unit is as follows:

• childless couples or a single person;
•  no more than one child may be adopted; and
• the applicant is assessed to be suitable to adopt, in particular he/she must be physically and mentally fit.
  
   
  
  Procedures
  
  

1. The applicant(s) submits a written request to the Adoption Unit of the Ministry, indicating the country from which they wish to adopt, the preferred age and sex of the child.
   N.B: Mauritius has currently established a framework of cooperation with India and adoption from other countries will be considered on a case-to-case basis.
   
2. 
   
3. A home study and psychological assessment are conducted to evaluate the suitability of the applicants.
   
4. 
   
5. Upon a favourable assessment, the approval of the Prime Minister is sought under Article 346 of the Code Civil Mauricien, authorising the Prospective Adoptive Parents to adopt a foreign child.
   
6. 
   
7. The application is then transmitted to the country of origin, and adoption procedures are carried out in accordance with that country's legal requirements. These requirements may include the prospective adoptive parents being present in the foreign country before or after the adoption or both.
   
8. 
   
9. Once an adoption Order has been granted by the competent court in the country of origin, the child is permitted to travel to Mauritius.
   
10. 
    
11. In Mauritius, the Adoptive Parents must retain the services of an Attorney to apply to the Supreme Court for the adoption order made abroad to be rendered executory in Mauritius.
    
12. 
    
13. If one of the Adoptive Parents is Mauritian, the parent must thereafter apply for Mauritian citizenship on behalf of the child through the Citizenship Section of the Prime Minister's Office.​