Botswana has undergone a rapid process of demographic growth and socio-political
change, which has resulted in noticeable increase in the overall adoption of children
both nationally and internationally. During the pre-independence period, the
traditional informal adoptions were the order of the day under various customary
practices till 1952 when the Adoption of Children Proclamation1
was introduced by
the British to the territory. The introduction of legislation on adoption did not replace
adoptions under customary law; rather they have continuously operated alongside
each other to date within a dual legal system. The 1952 Proclamation has been and
still is the sole piece of legislation regulating the common law adoption of children in
Botswana despite its deficient provisions, particularly on inter-country adoption. It
will be revealed in this dissertation that the concept of adoption of children then was
different and so were the purposes thereof, when considered from contemporary
human rights perceptions of the concept.
Botswana has suffered the worst impact of the HIV/AIDS pandemic (given its minute
population) leaving a great number of orphaned children. This has also contributed to
the increase in the number of adoptions, mostly the informal ones under customary
law by relatives. There were 111 828 orphaned children, representing 15 percent of
the child population according to the 2001 population census records, 54 percent of
whom are found in rural areas.2
These children either have one parent still alive but
unable to care for them or worst still have both their parents dead and living under the
care of relatives or their siblings who might also be minors. All these children have a
right to a family life that provides them with love, care, understanding, guidance and
counselling, and moral and mental security.3
The goals most pertinent to the rights of
the child are the child’s survival, development, participation and the protection from
harm.4
Family life for a child is central to achieving these goals and to ensuring the survival and development of a child.5
The family is the foundation and is central to
the survival and development of a child. For the children to take their responsibilities
in the future, parents bear the responsibility to ensure their proper upbringing,
guidance, survival and development. To achieve these goals, every child should live
with the parents, for them to control and guide the child, to act as the child’s legal
representative, to protect the child from harm and to nurture them in a manner
conducive to their well-being. This dissertation will show that effective adoption of
children, an adoption that is in accordance with the guarantees proclaimed in human
rights instruments, can achieve the goals pertinent to the child’s right to a family life
for those children who cannot be cared for by their own parents and those for whom
no alternative means of care are available within the country. Further how Botswana
can help children in other countries who need family and parental care.

The issue to be examined in this study is; what is effective adoption and how it can be
achieved in Botswana? Achieving effective adoption, that is, one that serves the best
interests and welfare of the child and accords the protection intended by the CRC and
the African Children’s Charter, will mean the existence of effective legislation on
adoption rules and procedures, institutions to make the right decisions as to the family
needs of the child and carry them out in accordance with the provisions of the law.
This prompts one to look into the legislative, administrative and judicial institutions
of Botswana on adoption with a view to examining the extent to which they protect
the welfare of the child, ensure the protection of the child’s right to family life and
conform to or comply with international and regional human rights standards.
Where a child is separated from its parents for whatever reason, the state through its
system of human rights protection must ensure that the child is provided with another
family, to ensure the continuance of his right to family life throughout his childhood.
This has to be done in a manner that protects and promotes the rights of the child as
proclaimed in the regional and international human rights laws for children and ensure
that inter-country adoption is turned to as a last resort.