Adoption Consent Form (Ghana)

An Adoption Consent Form in Ghana records a party's informed permission for a specified act, authorising it to proceed.

Section 66 of the Children's Act 1998 (Act 560) sets out the consent requirements for adoption in Ghana. An adoption order may not be made without the consent of every person who is a parent or guardian of the child, except where the court dispenses with consent on the grounds specified in Section 67 of Act 560 — namely, that the person cannot be found, is incapable of giving consent by reason of mental disability, has persistently failed to discharge parental responsibilities without reasonable cause, or has abandoned or neglected the child. The court's overriding obligation in all adoption proceedings is the best interests of the child, as mandated by Section 2 of Act 560 and Article 28 of the Constitution of Ghana 1992.

The Department of Social Welfare (DSW) is the central government body responsible for the administration of adoption in Ghana. The DSW must consent to any adoption involving a child who is in the care of the state or who has been declared fit for adoption by a Social Welfare Officer. For inter-country adoptions — where the adoptive parent is a non-Ghanaian resident — additional requirements apply under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (to which Ghana acceded in 2016), the Children's Act 1998 (Act 560), and the requirements of the DSW's International Social Service unit.

The High Court (Family Division) in Accra, Kumasi, and other regional capitals in Ghana has jurisdiction to make adoption orders under Section 65 of Act 560. The court appoints a Guardian ad litem (typically the DSW or a social worker designated by the court) to represent the interests of the child in adoption proceedings. The probate and family registries of the High Court maintain registers of adoption orders made under Act 560, and a certified copy of the adoption order is the document that amends the child's birth certificate at the Births and Deaths Registry of Ghana.

An Adoption Consent Form in Ghana should be distinguished from a Guardianship Agreement, which confers legal responsibility for a child's care and upbringing without extinguishing the parental rights of the biological parents, and from a Foster Care Agreement, which is a temporary arrangement for the care of a child without the legal permanence of adoption under the Children's Act 1998 (Act 560).

An Adoption Consent Form in Ghana is required in the following circumstances.

The Form is required whenever a parent or legal guardian of a child intends to consent to the adoption of the child under Section 66 of the Children's Act 1998 (Act 560). Without a signed and witnessed consent form, the High Court (Family Division) cannot make a valid adoption order in Ghana.

The Form is needed when the Department of Social Welfare (DSW) under the Ministry of Gender, Children and Social Protection is consenting on behalf of a child who has been surrendered, abandoned, orphaned, or declared fit for adoption by a Social Welfare Officer. The DSW's consent is required in addition to (or in lieu of) parental consent where the state has assumed care of the child.

The Form is required for inter-country adoption proceedings involving a Ghanaian child and prospective adoptive parents who are not Ghanaian citizens or residents. In such cases, the DSW International Social Service unit and the Central Authority designated under the Hague Convention (to which Ghana acceded in 2016) must process the adoption, and the Adoption Consent Form is part of the mandatory documentation package.

The Form is needed when a step-parent or other relative intends to adopt a child who is already in their care. In step-parent adoptions, the consent of the non-custodial biological parent is required under Section 66 of Act 560, unless the court dispenses with consent under Section 67.

The Form is required before the High Court (Family Division) registry in Accra, Kumasi, Tamale, or any other regional capital in Ghana will accept an adoption petition for filing. The petition must be accompanied by the completed Adoption Consent Form, a social inquiry report prepared by a Social Welfare Officer, the child's birth certificate from the Births and Deaths Registry, and the proposed adoptive parents' marriage certificate (if applicable).

Parties in Ghana should prepare the Adoption Consent Form with the assistance of a lawyer/solicitor enrolled with the Ghana Bar Association, as the consent must meet the formal requirements of Section 66 of Act 560 to be accepted by the High Court (Family Division). The consent of a mother given within six weeks of the child's birth is not valid under Act 560.

A valid Adoption Consent Form in Ghana under Section 66 of the Children's Act 1998 (Act 560) must contain the following essential elements.

Identification of the Consenting Party: Full name, date of birth, residential address, Ghana Card number or Passport number, and the relationship of the consenting party to the child (mother, father, guardian, or DSW representative). Where the consenting party is the Department of Social Welfare, the name and designation of the authorised DSW officer and the file reference number must be stated. The Ghana Card is issued by the National Identification Authority (NIA) and is the preferred identification document for proceedings before the High Court (Family Division) in Accra, Kumasi, or any other regional capital.

Identification of the Child: Full name of the child, date of birth (as recorded in the birth certificate issued by the Births and Deaths Registry of Ghana), place of birth, and the child's Ghana Card (if issued) or birth registration number. The birth certificate is a mandatory supporting document for the adoption petition filed at the High Court (Family Division).

Identification of the Proposed Adoptive Parent(s): Full name(s), residential address(es), nationality, and Ghana Card number or passport number of the proposed adoptive parent(s). For inter-country adoption, the passport details and country of residence of the foreign adoptive parent are required. Ghana acceded to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption in 2016, and inter-country adoptions must comply with both Ghanaian law and the Hague Convention safeguards.

Statement of Consent: A clear, unambiguous statement that the consenting party freely and voluntarily consents to the adoption of the named child by the proposed adoptive parent(s), and that the consent has not been obtained by duress, fraud, or undue influence. The consenting party must confirm they understand that an adoption order will extinguish all parental rights and responsibilities of the biological parent(s) and vest them in the adoptive parent(s).

Confirmation of Understanding: A statement that the consenting party has been informed of the legal consequences of adoption under the Children's Act 1998 (Act 560), including the irrevocable transfer of parental rights, the change of the child's name (if ordered by the court), and the right of the adopted child to inherit from the adoptive parents under the Intestate Succession Law 1985 (PNDC Law 111).

Timing of Consent: A confirmation that, where the consenting party is the child's mother, the consent is not being given within six weeks of the child's birth, as such consent is void under Section 66(4) of the Children's Act 1998 (Act 560).

Withdrawal of Consent: A statement of whether the consenting party is aware that consent may be withdrawn before the adoption order is made by the High Court (Family Division), and the procedure for withdrawal in writing to the court and the Department of Social Welfare.

Witnessing: The consent must be signed before a witness who is an adult and not the proposed adoptive parent or a relative of the proposed adoptive parent. Best practice in Ghana requires the witness to be a lawyer/solicitor enrolled with the Ghana Bar Association, a Social Welfare Officer from the DSW, or a Justice of the Peace.

Forms-legal.com provides this template as a starting point for Ghana-compliant adoption consent documentation. All adoption proceedings in Ghana must be handled by a qualified lawyer or solicitor under the supervision of the High Court (Family Division) and the Department of Social Welfare (DSW). The best interests of the child, as required by Section 2 of the Children's Act 1998 (Act 560) and Article 28 of the Constitution of Ghana 1992, must remain the paramount consideration throughout the adoption process.