Child Adoption In Judicial Tumult In Sierra Leone

Sierra Leone Law Court Building 

By Ibrahim Joenal Sesay

The rift between the defunct Help a Needy Child International (HANCI) and parents continues as the parents are still yearning for justice for their alleged trafficked children.

The defunct Help a Needy Child International (HANCI) which worked with a U.S-based adoption agency, Main Adoption Placement Services (MAPS) facilitated the adoption process of 29 Sierra Leonean children from Makeni to the United States of America

The parents, who the organization alleged willingly gave their children for the adoption, claimed that the organization trafficked their children surreptitiously.

To address this, President Ernest Koroma, in 2010, established the Justice Adeliza Showers Commission of Inquiry to examine cases of the purported adoption said to have been facilitated by HANCI and one of its partners in the US Maine Adoption Placement MAPS in 1997.

At the end of 2011 after going through the investigation process, the commission presented its report which contained findings and recommendations on the way forward to President Koroma for further actions.

The Government issued a White Paper on this matter which says in substance: the adoptees from Sierra Leone were in fact kidnapped,  the matter be sent to court, HANCI which then had 14,000 beneficiaries should stop operation immediately and the account of books of the organization should be audited.

Magistrate Komba Kamanda in Freetown Magistrate Court No.2 on July 10, 2012, committed the matter to the High Court of Sierra Leone for HANCI’s to answer to a number of alleged illegal adoption counts of trafficking, and 7 counts of perjury. Since then, the matter was committed to the High Court which is yet to come to a conclusion.

The question now on the lips of Sierra Leoneans is, whether that was the end of the matter as the process had raised some issues that led to international attention.

“Subject to the provision of this section, an adoption Consent of order shall not be made except with the consent of every person - parent adoption who is a parent of the juvenile.” These were the exact words of section 4. (1) Of the 1989 Adoption Act of Sierra Leone.

In 2004, this same matter was reported to Interpol Sierra Leone, which investigated the matter and charged three HANCI officials with twenty three (23) counts of conspiracy to commit a felony contrary to law and child stealing contrary to section 56 of the Offences Against the Persons Act 1861. The matter was discharged for want of prosecution.

The need for court’s intervention in the adoption process

Barrister and Solicitor of the High Court of Sierra Leone Ishmael Philip Mammie ESQ explained to this Press on what is obtaining in the court and outside the court in relation to adoption.

He said that there should be a letter from a Barrister or Solicitor to the Chief Social Officer or the Director of Children’s Affairs in the Ministry of Social Welfare Gender and Children’s Affairs.

Stressing that there should be a case history of the child or children to be adopted. He said the process involves, passport picture of the child, copies of birth certificates, and death certificates of any of the biological parents if any. And there should also be consent of one of the biological parents either one or both of them, depends on who is present consent in writing.

Another one must document he said is the passport or ID card of the parent or guidance of the child and again the parent should be able to give vital and correct information, such as their names, marital status, addresses, financial background and a police report about themselves, photocopies of passport documents depending if the persons is here or out of the country, the environment of where the child will be residing and the persons information.

“With these entire documents, you then proceed to the Court; going to Court is a due process. In the court, after you file in your papers you have to get the ID or the child’s parents or guidance including the child and the adopted parents. In their presence, the Court has the opportunity to see and examine the person who is adopting the child.”

He stressed further the need of all parties to be in court to clarify some things as the court can’t not only satisfy with papers but also their present and at times their body language.

He said the necessity of going to court is that they wouldn’t allow someone who is under age to adopt a child, as there will be no differences between the two because they will be consider as babes, but for others they should be able to see how best they can cater for the child.

“That’s the purpose of the Court process,” he said.

He said other requirement is that of marital status, if the Court finds out that the adoptee is a single parent and can’t afford to cater for the child the Court may likely deny him/her a child.

“There must be somebody who will be able to help cater for the child but if you are marry its simple means the child will be going to a responsible home and if the man is absent the wife will step in and the home will be in order.”

Barrister Ishmael Philip Mammie further stated that the status of the adopted parents is vital because nowadays they have an issue of Lesbianism and Homosexual,

“It will be very ugly to see a child being adopted by someone who is gained in such immoralities, like for example a girl child being adopted should be well trained in order not to be exposed to sexual harassments, that’s the necessity to go to court.”

He said the Court will then examine the person who wants to adopt the child and questions will be asked, clear and honest answers been given, that he said will serve as a guarantee to the Law Court.

“In a case where a male wants to adopt a girl child, questions will be thrown towards him for the safety of the child; also it is presumed on the court proceeds that clearance to the papers is strictly checked, so that you would not adopt a child out of pity. For example if your bank account status and marital status is very weak the court will be very reluctant to grant you your request of adoption,” he thought.

He said the Court proceeding are very important to whosoever is adopting a child, citing that at times there are people who are marry but have unstable relationships in the sense that there are domestic abuses.

“If the court happens to find out that and that parent wants to adopt a child, it will be very difficult, because they want the child to grow up in a stable home,” he added “that’s why Court proceeds are vital cause the individual has to make sure the Court is conceive to ensure the child is in their care.”

He pointed out that there have been situations where children are being adopted in Sierra Leone without going through the right procedures.

“Adoption means to give a child legally, so there is a Law that governs such proceeds and not going through the process is a violation. Even if he or she (adopted parent) dies the child by law is not yours in the absent of the court,” he said.

The money factor.

Barrister Ishmael Philip Mammie refused  to speak about the HANCI case that is still hanging because the Court have not yet give verdict; he said the Judges that are handling adoption cases in the country are senior Judges. He said the Court has done so much to put a stop on most of the violation that was occurring during adoption.  

 “We have some orphanages homes where people come and pay them money for them to have a child. Some of these homes or Organisation are benefiting from that, all what they are doing is not because they care for the child but it because they are making money.”

He also accused some parents of making money out of adoption some he said are so keen of getting read of their children because he sees their children as burden.

This matter has dragged on for so long and the raw emotions that it has brought out over the years have been intense more especially on the side of the parents.

Parents are hungry for justice

During my visit to some of the parents in the city of Makeni one can sense the determination of them to reunite with their children when they have the right leader that will administer justice for all.

This Medium also learnt that some of the parents of the adopted children in question that were attending trails in Freetown Magistrate Court from Makeni and other villages have pass away (dies).

One of the parents that this medium spoke to Mrs. Kamba Mansaray looking very weak when the question of her two children came to her explained that they left their children at HANCI center, during the war temporarily, so they would be safe and receive education.   

She said they expected justice to play it part for them but the whole matter came to a standstill till date which she said is unfair to them and their children.

“My two children were taken by HANCI, Adama and Mustapha. For over 16 years now I have not set eyes on them.”

 Despite her weak and very sorrowful mood Mrs Mansaray and the rest of the families had high hopes to re unite with their children once again.

Charles Brima one of the civil societies activists said

“Those parents deserve closure to this matter. They need answers like the whereabouts of their children in America and also whether the children whom will now be grown adults (if they are still alive), actually know that they were illegally adopted from West Africa,” Charles Brima said. 

Abubakerr Kargbo is the Spokesperson for 29 other parents who claim they never gave up their children to HANCI for adoption. He expressed frustration on what he called the “standstill of the case,” despite the series of attempt made by them to approach various judiciary personnel.

“The case has been there for over 15 years. We spent 3 years with Police investigation and now the case has been with the judiciary for 12 years in the officer of the Attorney General and Minister of Justice.”

Steps into legal adoption

According to the Director of Children’s Affairs in the Ministry of Social Welfare, Gender and Children’s Affairs Kadijatu Buya-Kamara the Government of Sierra Leone’s Ministry of Social Welfare, Gender and Children’s Affairs suspended adoptions on May 21, 2009 due to concerns on the legality of adoptions and the welfare of adoptees. 

She explained how the adoption process in the country should go. According to the Ministry, a person can adopt a child if that person has:

Residency Requirements:  Under Sierra Leonean law, adoptive parents are currently required to be resident in Sierra Leone for six months and to attend the court hearing for the adoption.

“Although in the past the High Court of Sierra Leone would sometimes waive either the personal appearance of prospective adoptive parents at adoption proceedings or the six-month residency requirement, this was always at the Court’s discretion and should not be considered the norm.”

She said there are no specific age and marriage requirements.

“There are specific requirements that a child must meet in order to be eligible for adoption.  You cannot adopt a child in Sierra Leone unless he or she meets the requirements outlined by the Act of 1989,” she said. 

She explained the process for adopting a child from Sierra Leone which is generally includes the following steps:

1. Choose an Adoption Service Provider

2. Apply to be Found Eligible to Adopt

3. Be Matched with a Child

4. Adopt the Child in Sierra Leone

5. Apply for the Child to be Found Eligible for Adoption

6. Bringing Your Child Home

“If the child is 16 years of age or older, only the child must consent to the adoption and also there are no fixed time lines or constraints on the Court’s processing of adoptions.”

Despite the laid down rules for adoption in Sierra Leone, there are some controversy as to whether people are going through the right procedure to adopt a child in the country or not. These has resulted to several cases been sent to the Court of Sierra Leone. Some of these cases have been looked into and verdicts have been delivered while some are still waiting trial. One of such cases is the Makeni children.

Madam Buya-Kamarawent on to talk about the new Adoption Bill which an interagency committee was set up to work on. The Bill she said has been gazetted on the 21st October 2010 but still waiting Parliamentary approval.

The Director ignored questions posed to her by this medium on the HANCI adoption case. She was quick to refer this Journalist to the Court saying “Once a matter has been sent to the court, it is left with the court to decide”.

Roland Wright the Lawyer representing HANCI said HANCI staff did everything legally and the parents who handed over the children to HANCI knew that.

“It was known and quite clearly established that any child that went there was a potential adoption case,” he explained.

This is not the first time HANCI has been charged.  Back in 2004 several members from HANCI were charged with violation of adoption laws but the matter was dismissed due to lack of evidence.

This report is produced by Ibrahim Joenal Sesay with support from Partners for Democratic Change and from the Institute for War & Peace Reporting. It is part of the Access Nigeria/ Sierra Leone program funded by the US Department of State’s Bureau of International Narcotics and Law Enforcement.