On February 2, 2015, the Botswana High Court judged in favor of upholding the Adoption of Children Act after being challenged by a biological father who argued that the act discriminated against biological fathers’ constitutional rights.
The Adoption of Children Act allows an unwed birth mother to place her child for adoption to a third party without first gaining consent of the biological father. The court ruled that the act is constitutional and justified because it has the child’s best interest in mind.
Both Star Africa and The Maravi Post report that the Litigation Director of the Southern Africa Litigation Centre stated, “International and regional child law consistently emphasizes that the focus should be on the child’s best interests. The Court has integrated this approach into Botswana’s adoption laws in a way which spares from discrimination fathers who play a positive role in their children’s lives.”