Foster Care Agreement (Ghana)
Foster Care Agreement
This Foster Care Agreement (this "Agreement") is entered into on [Contract Date] between:
THE DEPARTMENT OF SOCIAL WELFARE: represented by [DSW Social Worker], Social Worker, [DSW Regional Office], acting under the Children's Act, 1998 (Act 560) (the "DSW"); and
THE FOSTER FAMILY: [Foster Parent 1 Name] and [Foster Parent 2 Name], residing at [Foster Family Address] (the "Foster Family").
1. Child Details
The child being placed under this Agreement is: [Child Name], born on [Child Date Of Birth], birth certificate number [Child Birth Certificate Number].
The placement is authorised under Section 74 of the Children's Act, 1998 (Act 560). Court order reference (if applicable): [Court Order Reference].
The purpose of this placement is: [Placement Purpose]. The paramount consideration in all decisions under this Agreement is the best interests of the child under Section 2 of Act 560.
2. Term and Review
The placement commences on [Placement Start Date]. The DSW shall conduct an initial review of the placement on [Initial Review Date] and thereafter at intervals of not more than six months.
At each review, the DSW shall assess the child's welfare, the foster family's performance, and the prospects for reunification with the birth family, and shall update the placement plan accordingly.
3. Care Obligations of the Foster Family
The Foster Family shall provide the child with adequate food, clothing, shelter, healthcare, and emotional support appropriate to the child's age and needs.
The Foster Family shall register the child with the National Health Insurance Authority (NHIA) and ensure the child attends school at a Ghana Education Service (GES)-accredited institution if school-aged.
The Foster Family shall not physically punish the child. Any form of abuse or neglect is a criminal offence under Act 560 and must be reported to the Ghana Police Service Domestic Violence and Victims Support Unit (DOVVSU).
The Foster Family shall immediately notify the DSW of any significant change in the child's health, welfare, or behaviour, and shall cooperate with all DSW supervisory visits, including unannounced visits.
4. Maintenance Allowance
The DSW shall pay the Foster Family a monthly maintenance allowance of GHS [Maintenance Allowance], payable on the [Allowance Payment Date], to assist with the child's basic needs.
The maintenance allowance is subject to periodic review by the Ministry of Gender, Children and Social Protection. The allowance does not cover all costs of care and the Foster Family must have independent means to supplement it.
5. Contact with Birth Family
Contact between the child and the birth family shall be: [Contact Arrangements]. All contact shall be arranged and, where required, supervised by the DSW social worker in accordance with the child's best interests under Act 560.
The Foster Family shall not restrict or prevent contact with the birth family beyond the arrangements specified in this Agreement or ordered by the Family Tribunal or the High Court (Family Division) of Ghana.
6. Termination of Placement
The DSW may terminate this placement at any time where it determines that continuation is not in the best interests of the child under Act 560, including where there is evidence of abuse, neglect, or material breach of this Agreement.
The Foster Family may request early termination by giving the DSW 30 days written notice, to allow the DSW to arrange an alternative placement for the child.
Disputes about termination may be referred to the Family Tribunal or the High Court (Family Division) of Ghana under Act 560.
7. Governing Law
This Agreement is governed by the laws of the Republic of Ghana, including the Children's Act, 1998 (Act 560). The Family Tribunal and the High Court (Family Division) have jurisdiction over all matters arising under this Agreement.
Signatures
IN WITNESS WHEREOF the parties have executed this Foster Care Agreement on the date first written above.
DSW Social Worker
________________
Signature
Foster Parent 1
________________
Signature
Foster Parent 2
________________
Signature
What Is a Foster Care Agreement (Ghana)?
A Foster Care Agreement in Ghana records the obligations the parties accept and the terms governing their arrangement.
Section 74 of the Children's Act 1998 (Act 560) provides the statutory basis for foster care placements in Ghana and requires the Department of Social Welfare to assess, approve, and supervise foster families. The DSW, operating under the Ministry of Gender, Children and Social Protection, is the primary state body responsible for child welfare in Ghana and has regional offices in all 16 administrative regions. The DSW coordinates with the Judicial Service of Ghana — specifically the Family Tribunal and the High Court (Family Division) — where court orders are required to formalise placements or restrict parental access.
The Children's Act 1998 (Act 560) establishes that the best interests of the child is the paramount consideration in all decisions affecting children in Ghana, under Section 2 of Act 560. This principle governs all aspects of the Foster Care Agreement: the selection of the foster family, the duration of the placement, the arrangements for contact with the birth family, and any decision to terminate or extend the placement. The DSW must conduct a home study assessment of the prospective foster family before approving the placement, examining the family's financial capacity, living conditions, and ability to meet the child's physical, emotional, and educational needs.
A Foster Care Agreement in Ghana must be distinguished from an adoption, which permanently transfers parental rights and responsibilities under Sections 66 to 72 of Act 560, and from guardianship, which is a court-ordered arrangement under the Children's Act 1998 conferring legal responsibility for a child on a non-parent without permanently severing ties with the birth family. Foster care is inherently temporary and does not affect the legal status of the birth parents unless a court order under Act 560 specifically restricts their parental rights.
The Social Welfare and Community Development Act (PNDC Law 262) and the National Commission for Civic Education (NCCE) guidelines on child protection also apply to foster care arrangements in Ghana. The Ghana Police Service Domestic Violence and Victims Support Unit (DOVVSU) is the primary law enforcement body for child abuse and neglect referrals in Ghana and works closely with the DSW in identifying children who require foster care placements.
The legal framework governing the Foster Care Agreement (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Parties executing a Foster Care Agreement (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Children's Act 1998 (Act 560) sets the foundational requirements.
When Do You Need a Foster Care Agreement (Ghana)?
A Foster Care Agreement in Ghana is required whenever the Department of Social Welfare (DSW) places a child who cannot live with their birth family with an approved foster family under the Children's Act 1998 (Act 560).
A Foster Care Agreement is needed when a child's birth parents are unable to care for the child due to serious illness, incarceration, domestic violence, extreme poverty, or death, and the DSW has assessed the child as requiring temporary foster care under Section 74 of Act 560. The agreement formalises the placement and confirms the foster family, the DSW, and the birth parents each understand their rights and obligations.
A Foster Care Agreement is required when a relative — a grandparent, aunt, uncle, or sibling — applies to provide kinship foster care for a child within the family. Kinship care is recognised under the Children's Act 1998 and must be formalised through the DSW to qualify for the government's maintenance allowance and DSW supervision and support services.
A Foster Care Agreement is needed when a non-governmental organisation (NGO) licensed by the NGO Commission of Ghana under the Non-Governmental Organisations Act 2016 (Act 936) refers a child to a foster family as part of a structured child welfare programme, to confirm that the DSW's statutory supervisory function is preserved.
A Foster Care Agreement is required before a foreign national or a Ghanaian citizen residing abroad takes a child into foster care in Ghana, as the DSW must assess the placement under both the Children's Act 1998 (Act 560) and the Hague Convention on Parental Responsibility and Protection of Children, which Ghana signed in 1997.
A Foster Care Agreement is needed when a court-ordered foster placement is made by the Family Tribunal or the High Court (Family Division) of Ghana under Act 560. The DSW uses the Foster Care Agreement to implement and supervise the court order, including contact arrangements and review timelines.
Parties in Ghana should execute a Foster Care Agreement (Ghana) before the child moves into the foster home. Informal fostering arrangements without DSW involvement may not qualify for the maintenance allowance and leave the child without the legal protections of Act 560.
What to Include in Your Foster Care Agreement (Ghana)
A valid Foster Care Agreement in Ghana under Section 74 of the Children's Act 1998 (Act 560) must contain the following essential elements.
Parties and Child Details: Full legal names and addresses of the DSW social worker (acting on behalf of the Department of Social Welfare under the Ministry of Gender, Children and Social Protection), the foster parents, and the child being placed. The child's date of birth, Ghana Card or birth certificate number (issued by the Births and Deaths Registry of Ghana), and school enrolment details should be recorded.
Legal Basis and DSW Approval: Reference to the DSW's assessment and approval of the foster family under Section 74 of Act 560, the home study report reference, and any court order made by the Family Tribunal or the High Court (Family Division) of Ghana authorising or requiring the placement.
Duration and Review: The intended duration of the placement, the scheduled review dates (typically every three to six months), and the conditions under which the placement may be extended, terminated, or transitioned to adoption or permanent guardianship under Act 560.
Care Obligations: The foster family's obligations to provide the child with adequate food, shelter, clothing, healthcare (including registration with the National Health Insurance Authority — NHIA), and education. The foster family must enrol the child in a Ghana Education Service (GES)-accredited school if school-aged.
Maintenance Allowance: The monthly maintenance allowance payable by the DSW to the foster family, the payment schedule, and the conditions for adjustment. Allowance rates are set by the Ministry of Gender, Children and Social Protection and vary by region.
Contact with Birth Family: The contact arrangements between the child and their birth parents or extended family, including the frequency of supervised visits at the DSW regional office, any restrictions ordered by the Family Tribunal, and the DSW social worker's role in enabling and monitoring contact.
Reporting and DSW Supervision: The foster family's obligation to report any significant change in the child's welfare, health, or behaviour to the DSW social worker, and the DSW's right to conduct unannounced home visits under Act 560.
Termination: The conditions under which the DSW may remove the child from the foster home — including abuse, neglect, or breach of the agreement — and the process for the child's safe transition to the birth family, another placement, or permanent care.
Governing Law: Ghana law, specifically the Children's Act 1998 (Act 560) and the jurisdiction of the Family Tribunal and the High Court (Family Division) of Ghana. The forms-legal.com Foster Care Agreement (Ghana) template covers all DSW-required elements under Act 560 in a structured format aligned with the Ministry of Gender, Children and Social Protection guidelines.
Additional compliance elements for a Foster Care Agreement (Ghana) used in Ghana include: Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.
Sources & Citations
Statutory citations link to official government sources.
- Marriages Ordinance (Cap. 127)HK official
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Foster Care Agreement (Ghana) (Ghana) [Legal document template]. Forms Legal. https://forms-legal.com/ghana/personal/family/foster-care-agreement-ghana
"Foster Care Agreement (Ghana) (Ghana)." Forms Legal, 2026, https://forms-legal.com/ghana/personal/family/foster-care-agreement-ghana.
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Frequently Asked Questions
Foster care in Ghana is governed by the Children's Act 1998 (Act 560), specifically Section 74, which authorises the Department of Social Welfare (DSW) under the Ministry of Gender, Children and Social Protection to place children who cannot live with their birth families with approved foster families. Section 2 of Act 560 establishes that the best interests of the child is the paramount principle in all decisions affecting children in Ghana. The DSW is required to assess prospective foster families through a home study process, approve placements, and provide ongoing supervision throughout the placement. Placements may also be ordered by the Family Tribunal or the High Court (Family Division) of Ghana. The Hague Convention on Parental Responsibility and Protection of Children, signed by Ghana in 1997, applies to cross-border foster care situations involving foreign nationals.
Foster care and adoption in Ghana are distinct legal arrangements under the Children's Act 1998 (Act 560). Foster care under Section 74 of Act 560 is a temporary arrangement in which the DSW retains legal responsibility for the child and the birth parents retain their parental rights unless a court order restricts them. The foster family provides day-to-day care but does not acquire parental rights. Adoption under Sections 66 to 72 of Act 560, by contrast, permanently transfers all parental rights and responsibilities from the birth parents to the adoptive parents, making the child a full legal member of the adoptive family. Adoption requires an order from the High Court of Justice of Ghana and cannot be reversed except in very limited circumstances. Foster care is the appropriate starting point where reunification with the birth family remains a realistic goal; adoption is appropriate where the child has no realistic prospect of returning to the birth family.
Under the Children's Act 1998 (Act 560) and the DSW assessment criteria, prospective foster parents in Ghana must be adults of at least 21 years of age, be of good character, have no criminal record involving offences against children, have adequate accommodation to provide the child with their own sleeping space, have sufficient income to meet the child's needs beyond the DSW maintenance allowance, and be willing to work with the DSW and to enable contact between the child and their birth family. The DSW regional office conducts a home study assessment covering the physical home environment, the financial situation, the health of all household members, and references from community leaders or religious bodies. Both single persons and married couples may apply to foster. Relatives of the child seeking kinship foster care placements are assessed on the same criteria but the DSW typically applies a more flexible approach to kinship arrangements in recognition of the importance of family continuity under Ghanaian customary law.
The Department of Social Welfare (DSW) under the Ministry of Gender, Children and Social Protection pays a monthly maintenance allowance to approved foster families in Ghana to help cover the child's basic needs — food, clothing, and healthcare. The allowance rate is set by the Ministry and varies by region and the child's age. Foster parents must register the child with the National Health Insurance Authority (NHIA) to access healthcare at NHIA-accredited facilities. The DSW allowance does not cover all costs associated with foster care, and prospective foster families must demonstrate sufficient independent income to supplement the allowance. The Livelihood Empowerment Against Poverty (LEAP) programme administered by the Ministry of Gender, Children and Social Protection may also provide additional support to eligible foster families in low-income households.
A foster placement in Ghana may be terminated before the agreed end date by the Department of Social Welfare (DSW) where the DSW determines that continuation of the placement is not in the best interests of the child under Section 2 of the Children's Act 1998 (Act 560). Grounds for early termination include evidence of physical, emotional, or sexual abuse of the child by the foster family or another household member, serious neglect of the child's educational or medical needs, a material change in the foster family's circumstances, or a request by the birth parents where they have regained the capacity to care for the child. The foster family may also request early termination, giving the DSW reasonable notice to arrange an alternative placement. In all cases, the DSW is responsible for the child's safe transition. Where the termination is disputed, either party may apply to the Family Tribunal or the High Court (Family Division) of Ghana under Act 560.
A Ghanaian child may be fostered by a foreign national, subject to the approval of the Department of Social Welfare (DSW) under the Children's Act 1998 (Act 560) and compliance with the Hague Convention on Parental Responsibility and Protection of Children, which Ghana signed in 1997. The DSW must conduct a home study assessment of the foreign foster family, including verification of the family's legal status in Ghana (through the Ghana Immigration Service under the Immigration Act 2000 — Act 573) and the recognition of the Ghanaian foster placement by the child welfare authority in the foster family's home country. Inter-country foster care is approached with particular caution by the DSW and the High Court (Family Division) to prevent child trafficking under the Human Trafficking Act 2005 (Act 694). The DSW's Inter-Country Adoption and Foster Care Unit in Accra coordinates all cross-border placements.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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