Who Can Adopt from Malawi

Group of schoolchildren ready for lunch in a village.
Source: flickr.com.

In addition to these U.S. requirements for prospective adoptive parents, Malawi also has the following requirements for prospective adoptive parents:

Residency

In a May 2009 Malawi Supreme Court decision, the Court determined that an adoption may be granted to foreign adopting parents so long as the parent(s) are not temporary visitors to Malawi and have a serious commitment or connection to Malawi. This decision effectively set aside the informal practice of requiring foreign adopting parents to foster the prospective orphan for a period of 18 months. (Note: this former practice was never set forth in Malawi law or regulation). While the Ministry of Gender, Child, and Community Development has not promulgated a written policy implementing the May 2009 Supreme Court decision, we have observed that lower court judges are issuing adoption decrees to foreign adopting parents which adhere to the Supreme Court decision.

Note: In all cases, prospective adoptive parent(s) should consult with an experienced Malawi attorney for more information.

Age of Adopting Parents

Prospective adoptive parent(s) must be at least 25 years old and at least 21 years older than the prospective adoptive child.

Marriage

Both married and single persons may adopt. An adoption order shall not be made in any case where the sole applicant is male and the child is a female unless the court is satisfied that there are special circumstances, which justify the exception.

Income

NONE

Other

No guidance or regulation regarding gay and lesbian adoption, and/or adoption by same-sex couples.

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