AN ANALYSIS OF ADOPTION IN THE UGANDAN LEGAL SYSTEM AND IN ISLAM

Abstract

Many legal systems in the world emphasise the need for parents to take care of their
children and children may only be separated from their parents when it is in their best interests.
Adoption in Uganda is permitted under the Children Act but with restrictions and comes with
permanent deprivation of parental rights over the adopted child thereby extinguishing parent-
child relationships. Since lineage is emphasised under Islamic law, adoption would destroy
the adopted child’s blood relations with the parents and hence it is not permitted. This article
seeks to examine the notion of adoption under Ugandan law and Islamic law and highlights
the rationale for restrictions and prohibition of adoption in the respective legal systems. It is
argued that alternative systems of care involving family relations need to be encouraged to
ensure strengthen familial relations.