Adoption, Custody and Welfare – International Power law Alliance https://www.international-powerlaw-alliance.com Advocates, Professionals & Consultants Mon, 07 Nov 2022 14:29:20 +0000 en-GB hourly 1 https://wordpress.org/?v=6.5.5 https://www.international-powerlaw-alliance.com/wp-content/uploads/2019/10/cropped-favicon-150x150.png Adoption, Custody and Welfare – International Power law Alliance https://www.international-powerlaw-alliance.com 32 32 SURROGACY CONTRACTS IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/surrogacy-contracts-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/surrogacy-contracts-in-cameroon/#respond Mon, 07 Nov 2022 14:22:54 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2280 SURROGACY CONTRACTS IN CAMEROON Read More »

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Surrogacy in Cameroon is an assisted reproductive treatment in which a woman (surrogate) carries a child in her uterus on behalf of another person. For some prospective parents in Cameroon having difficulties to carry and bear a child, surrogacy turns to be their only hope of having a child. Hence this practice has been growing over the years in order to put smiles on the faces of prospective parents. However, experience has shown that the regime of surrogacy is best managed through properly executed surrogacy contracts in Cameroon.

Some marriages in Cameroon have been rescued by the use of surrogacy techniques to bear children. The thought of a family not able to procreate a child has been regarded as a stigma which usually leads to instability in the family in the long term. More so as the husband is often encouraged to marry another woman or have children out of the marriage. Hence fingers are most often pointed towards the wife as the cause for the inability of the family to have children. As a consequence, the aspect of divorce begins to loom within the family circle.

Reasons for Surrogacy in Cameroon

Surrogacy is often a choice made when women are unable to carry children on their own. The reasons could be as follows;

  • An abnormal uterus
  • A complete absence of the uterus
  • Complications in child birth such as heavy bleeding or ruptured uterus
  • Medical disease such as cervical cancer or endometrial cancer
  • Multiple miscarriages.

Types of Surrogacy methods in Cameroon

Surrogacy can either be traditional or gestational in method and the difference is based on genetic origin. The types of surrogacy include;

  • Traditional Surrogacy: Also known as natural, partial or straight surrogacy is one where the surrogate’s egg is fertilized by the intended father’s or donor’s sperm. The insemination of the surrogate is either through sex (natural insemination) or artificial insemination.
  • Gestational Surrogacy: Also known as host or full surrogacy takes place when an embryo created by in-vitro fertilization (IVF) technology is implanted in a surrogate, sometimes called a gestational carrier. Gestational surrogacy has several forms, and in each form, the resulting child is genetically unrelated to the surrogate.

Surrogacy Contract in Cameroon

The surrogacy contract sometimes called a surrogate agreement is a binding legal document that guides the entire surrogacy process for intended parents and surrogates. These formal contracts prevent miscommunication and disputes; set clear boundaries, timelines and expectation; protect everyone involved – the surrogate, the intended parents and the baby.

Reasons for a Surrogacy Contract

  1. It protects the surrogate

The surrogate is assured of physical, legal, financial and emotional protection from a fully executed surrogacy contract. This because the medical procedures will be clearly outlined as per what the surrogate will prefer. The contract will protect the surrogate from unreasonable demands from intended parents as her responsibilities will be clearly outlined. The surrogate will also be absolved from unwanted post birth rights and responsibilities to the intended parent’s child. The surrogate will not also end up paying for the costly medical process and she will receive fair compensation at clearly defined periods.

  1. It will be couched as per your situation

Situations surrounding a surrogacy contract are quite different on a case by case basis. The risk of a sample contract being downloaded, signed and notarized is that it may not meet the specificity of the present situation. It is therefore advisable for parties to solicit the services of a surrogate attorney who will draft the contract to meet the precise needs of the present situation and ensure all parties are protected.

  1. Each party can be individually represented by separate surrogacy attorneys.

Hence ensuring that the surrogacy contract is a fair and equal reflection of everyone’s needs.

  1. It protects the intended parents

Surrogate contracts identify the child’s true legal parents (irrespective of if they are genetically related to the baby) and protect the rights and responsibilities that come with that role. It also protects the intended parents financially and emotionally.

Without these protections granted by a fully executed surrogacy agreement, the intended parents could end up spending much more time and money trying to establish their rights to their child in post-birth litigation proceedings.

  1. It clearly states each person’s rights, responsibilities and roles throughout the process and beyond

This is one of the best ways to ensure a healthy, positive and enjoyable relationship between the intended parents and surrogate.

Prospective clients usually ask the following questions;

  1. What will happen if the parties to the surrogacy contract break their legal engagement?
  2. Can such agreement be made under informal and verbal circumstances?
  3. Are there differences between gestational surrogacy contracts and traditional surrogacy contracts?
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STEPS TO GET CHILD CUSTODY IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/steps-to-get-child-custody-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/steps-to-get-child-custody-in-cameroon/#respond Mon, 07 Nov 2022 14:18:58 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2278 STEPS TO GET CHILD CUSTODY IN CAMEROON Read More »

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Child custody is a legal term meaning guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person’s care. Child custody in Cameroon is regulated by section 18 (1) (B) of Law No 2006/015 as amended and read with the civil status Registration Ordinance No 81-02 of 29th June 1981 as amended by Law No 2011/011 of 6th May 2011. The Matrimonial Causes Act also has an impact on child custody especially in Matrimonial Proceedings. Child custody in Cameroon consist of legal custody, which is the right to make decisions about the child and physical custody which is the right and duty to house, provide and care for the child.

TYPES OF CUSTODY

1. LEGAL CUSTODY

Legal custody is based on who makes important decisions for the child in cases such as health care, education and welfare. Legal custody can be joint or sole in nature.

It is joint where both parents share the right and responsibility to make important decisions about the health, education and welfare of the child.

It is sole where only 1 parent has the right and responsibility to make the important decisions about health, education and welfare of the child.

2. PHYSICAL CUSTODY

Physical custody is based on who the child lives with. Physical custody can also be joint or sole in nature. Physical custody can take the various forms;

  • Sole custody: an arrangement whereby only one parent has physical custody of the child. The other non-custodial parent has just regular visitation rights.
  • Joint physical custody: also known as shared parenting is an arrangement in which both parents have the child for approximately equal amount of time especially where they are both custodial parents.
  • Split custody: this is an arrangement in which one parent has sole custody over some children and the other parent has sole custody over the remaining children.
  • Third party custody: an arrangement whereby the children do not remain with either biological parent and is placed under the custody of a third person.
  • Divided custody: this is the type of custody whereby the child lives for an extended period of time with one parent and an alternate amount of time with the other parent.

CUSTODY AND THE MATRIMONIAL CAUSES ACT

Child custody in Cameroon is a fundamental aspect to be determined by courts in matrimonial causes like divorce and separation. This is because as per the matrimonial causes act of 1973, the interest of the child is paramount and must be determined before a divorce judgment can be pronounced. Custody in this case must be as regards children born in a marriage which is subject to a divorce procedure before any High Court in Cameroon.

PROCEDURE FOR CHILD CUSTODY IN CAMEROON

  1. Documents Required
    • Copy of the Applicant’s birth certificate, identity card and passport.
    • Copy of birth certificate of the child.
    • Copy of medical certificate of fitness of the applicant.
    • Copy of morality report of applicant.
    • Copy of non-crime certificate/non-conviction of applicant.
    • Copy of bank statement of applicant.
  2. COURT FILING PROCESS
    • The family solicitor will file an originating motion on notice.
    • A support statement will also be filed.
    • The State prosecutor will be notified for his submission against any child trafficking process.
    • The family solicitor will move the court on his originating motion and supporting documents.
    • The court will then grant the custody order.
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STEPS TO ADOPT A CHILD IN CAMEROON (Child Adoption in Cameroon) https://www.international-powerlaw-alliance.com/practice-blogs/steps-to-adopt-a-child-in-cameroonchild-adoption-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/steps-to-adopt-a-child-in-cameroonchild-adoption-in-cameroon/#respond Mon, 07 Nov 2022 14:14:59 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2276 STEPS TO ADOPT A CHILD IN CAMEROON (Child Adoption in Cameroon) Read More »

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The steps to adopt a child in Cameroon are very strict as a result of child trafficking cases in the world. Adoption is the social, emotional and legal process by which a child who will not be raised by his/her birth parents become a full and permanent legal member of another family while maintaining genetic and psychological connections to his/her birth family. The steps to adopt a child in Cameroon must be engaged by a family solicitor and the entire adoption procedure must be done in strict compliance with Section 41 and 42 of the Civil Status Registration Ordinance No. 80-02 of 29th of June 981, section 18(1)(b) of law No 2006/015 of 29th December 2006, Section 10 of the Southern Cameroon High Court Law of 1955 alongside Section 47(2) of the Adoption and Children Act 2002. A successful adoption process in Cameroon before any competent High Court will confer certain rights and privileges on both the adopted child and the adoptive parents (Legal parents).

WHO IS ELIGIBLE TO ADOPT A CHILD IN CAMEROON?

Persons eligible to adopt a child in Cameroon are to have the following qualities;

  1. The applicant filing for adoption has to be above 40years of age per section 344 of the Code Civil for individual applications. This position was also upheld by the Supreme Court of Cameroon when quashing the decision of an originating court in the case of Ntamack Therese contre Qui de Droit based on the fact that the applicant was 29 years of age.
  2. The applicant must be financially capable to ensure the upkeep of the child. Hence must not be bankrupt.
  3. The applicant must be of good character and moral standing. Hence must not have been convicted of a crime.
  4. The applicant must show proof that the interest of the child is paramount as the main reason for the adoption process.
  5. The applicant must show prove that he or she has a suitable place of abode for the development of the child.
  6. The applicant must show prove that he or she is medically fit to parent the child.

WHAT CATEGORY OF PERSONS CAN ADOPT A CHILD IN CAMEROON?

There are four categories of persons who can adopt a child in Cameroon. They are as follows;

  1. Single person
  2. Married couple
  3. The partner of the child’s parent

However, the consent of the biological parent of the child if still alive, the guardian of the child or an orphanage must be gotten before an adoption procedure can be engaged in Cameroon.

WHAT IS THE POSITION OF THE CHILD’S BIRTH PARENTS IN AN ADOPTION PROCESS IN CAMEROON?

The birth parent(s) of the child are supposed to agree to the adoption and give their consent to the procedure. They are to sign an irrevocable consent document in favour of the adoption procedure. This document must be filed before the competent court in Cameroon.

After the adoption is granted, the birth parents of the child are to be given access to communicate from time to time with the adopted child. This is to keep the child in touch with their origin.

WHAT IS THE REQUIRED AGE OF ADOPTIVE PARENTS IN CAMEROON?

As aforementioned the age for a single parent is 40years and above. For couples married for over ten years, one of the spouses must be older than 35 years. If the condition for the couple is not met, then the couple may submit a medical report from a physician that confirms their infertility to have children. This can waive the age requirement.

The age difference between the adoptive parent and the adoptee has to be 15 years for single parent adoption and 10 years if the adoptee is the child of the prospective adoptive parent’s spouse.

However, the age difference requirement can be reduced by exemption from the President of the Republic of Cameroon.

WHAT IS THE POSITION OF A MARRIED COUPLE IN AN ADOPTION PROCEDURE IN CAMEROON?

Married couples are both to agree to the adoption. This is because one spouse may not adopt without the consent of the other spouse.

CHILD ADOPTION FROM AN ORPHANAGE IN CAMEROON

Child adoption from an orphanage in Cameroon is subject to a special administrative procedure when compared with adoption between two individuals. The following steps will have to be engaged in collaboration with the social welfare services;

  • Application made to the orphanage of choice
  • Search for the suitable child
  • Proof of eligibility to the social service as an adoptive parent
  • If eligible, the applicant should obtain custody grant on the child in order to bond with the child.
  • The social welfare service will visit the children during the custody period in order to be certain of the positive development of the child under the parentage of the prospective adoptive parent.
  • After the custody period, the adoption process can be engaged before the competent court.

WHO CAN BE ADOPTED IN CAMEROON?

  • An Orphan
  • The child of a sole parent who is not capable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.
  • The child of two parents who both consent to their child being adopted by writing an irrevocable released documents for the child to have a better life under the parentage of the prospective adoptive parent.

CUSTODY AND ADOPTION

Custody of a child in Cameroon is usually recommended by law in order to create a bond between the prospective adoptive parent and the child of interest. This is usually the case when the child is from an orphanage. The custody period will be on observation by the social affairs service. After a successful period of custody, then the adoption process can be engaged.

REQUIREMENTS TO TRANSFER A CHILD FROM THE PLACE OF ADOPTION TO ANOTHER JURISDICTION

If the child in question is supposed to be under the observation of the social affairs service such as the case of a child gotten from an orphanage, the transfer of the child by the adoptive parents from the place of custody or adoption is usually engaged with an official notification procedure of transfer.

WHAT IS THE DIFFERENCE BETWEEN AN ADOPTION FROM AN ORPHANAGE AND AN ADOPTION BETWEEN PERSONS?

An adoption between persons is not as remote in procedure as an adoption from an orphanage.

As regards an adoption between persons who consent to an adoption, the competent court is seized almost immediately after the consent is gotten from the persons involved and all the documentary requirements are met.

As regards an adoption from an orphanage, the social service in the place of the adoption has a great role to play to ascertain the suitability of the prospective adoptive parent vis a vis the targeted child. If the social service is not comfortable with the position of the prospective adoptive parent(s), the adoption process will not be engaged. The adoptive parent(s) have a plethora of conditions to be met before he/she can be considered eligible for the adoption.

ADOPTION BY FAMILY RELATIONS IN CAMEROON

Adoption by family relations in Cameroon is very common before the courts in Cameroon. These adoptions are usually engaged by family relatives based abroad desirous of helping a child born of another relative who cannot afford to provide for the child. The relative who is the prospective adoptive parent and the biological parent to the child of interest have to furnish the following documents;

  • A copy of birth certificate of applicant and child of interest
  • A copy of marriage certificate if the applicant is married.
  • A copy of proof of residence of applicant.
  • A copy of irrevocable consent to the adoption signed by the biological parent(s) to the child.
  • A copy of medical certificate of fitness of the applicant.
  • A copy of morality report of the applicant.
  • A copy of bank statement of the applicant.
  • A copy of non-conviction of the applicant etc.

ADOPTION BY FOREIGNERS IN CAMEROON

Most of such adoptions are engaged with orphanages in Cameroon. The interested foreigner must ensure that he/she applies for a custody grant first from the competent court. After the custody has been granted and the period has elapsed, then an adoption can be engaged before the competent court. It’s important to note that the bond between the adoptive parent and the child during the period of custody is pivotal for the adoption process to be successful.

REQUIREMENTS FOR CHILD ADOPTION BY FOREIGNERS IN CAMEROON

  • A copy of marriage certificate of applicant
  • A copy of proof of residence of applicants
  • A copy of identification documents of applicants
  • A copy of the birth certificate of applicant and child
  • A copy of medical report of fitness of applicant
  • A copy of non-conviction/non crime certificate of applicant
  • Full and passport size photographs of applicant
  • A copy of bank statement and proof of income of applicant
  • A copy of employment letter of company documents of applicant
  • A copy of consent document from the biological parent of the child or the orphanage from which the child was gotten.
  • A social inquiry report of the child from the ministry of social affairs.

N/B The foreign applicant must have a guarantor who is supposed to be a Cameroonian. The guarantor is to submit the same documents as the foreign applicant at the social affairs bureau.

WHAT IS THE BEST PRACTICE FOR INTERCOUNTRY ADOPTION IN CAMEROON?

The best practice for intercountry adoption in Cameroon with an existing orphanage is to seek custody before engaging the adoption process before the competent court.

REQUIREMENTS FOR ADOPTIVE PARENTS TO HAVE A LEGAL REPRESENTATIVE TO ACT ON THEIR BEHALF IF NOT PHYSICALLY PRESENT IN CAMEROON.

For adoption between consenting persons, the adoptive parent can execute a power of attorney in favour of a third party to act as his/her representative and caretaker of the child in their absence.

For adoption concerning a child gotten from an orphanage, the adoptive parent who is physically absent is to ensure that the social service of the place of abode of the adopted child engages the procedure of obtaining a morality report on the caretaker in order to ascertain the fact that the person been given the duty through a power of attorney is indeed of unquestionable moral behavior.

Generally, adoptive parents who are not physically present in Cameroon usually keep their adopted children with their family and in their family houses pending their arrival to Cameroon.

Also, as regards adoption by foreigners in Cameroon, the guarantor shall be the representative of the adoptive parents.

WHAT IS THE IMPORTANCE OF A SOCIAL INQUIRY REPORT IN AN ADOPTION PROCESS IN CAMEROON?

A social inquiry report is aimed at ensuring that the welfare of the child is guaranteed. So the report seeks to know the social status of the prospective adoptive parents before the adoption is engaged and to know the social status of the adopted child during the post adoption period.

THE ADOPTION PROCESS PROPER IN CAMEROON

Upon the compilation of all the documents required from the adoptive parents, the biological parents and the child to be adopted, the family solicitor has to engage in the following;

  1. For Adoption between persons,
    • File an originating application
    • File support statements
    • File social welfare report
    • Notify the state prosecutor for submission
    • Move the court on the originating motion
    • Obtain the adoption decision.
  2. For Orphanage Adoption
    • Select the orphanage
    • Apply to the founders of the orphanage
    • Inform the social affairs bureau of the place of the orphanage
    • Choose the child(ren) according to the specification of the applicant
    • Search for a guarantor
    • Provide an accommodation for the child to the satisfaction of the social welfare service
    • Submit all required documents of the applicant, child and guarantor.
    • Apply for custody of the child
    • If custody provides a bond between the applicant and the child, then file an originating application for the adoption before the competent court.
    • File support statement
    • File welfare report
    • Notify state prosecutor
    • Move the court on the originating application
    • Obtain an adoption decision

PROOF THAT THE ADOPTION IS SUCCESSFUL

  • A court ruling in favour of the adoption
  • An adoption certificate is issued
  • The adoption ruling is inscribed at the back of the birth certificate of the child.

WHAT ARE THE POST ADOPTION REQUIREMENTS?

It is a best practice procedure for the adoptive parents to report on the welfare of the adopted children for the first three years after adoption.

UNDER WHAT GROUNDS CAN AN ADOPTION BE REVOKED?

Yes, an adoption can be revoked on the following grounds;

  • If it was granted based on misleading information.
  • If the adoptive parents becomes incapable to parent the child.
  • If the adoptive parent becomes a criminal or someone with questionable moral behavior after the grant of the adoption.
  • If the birth parents prove that they were fraudulently coerced into signing an irrevocable consent in favor of the adoption process.
  • If it is later discovered that it was a child trafficking adoption.

N/B: Generally, the main ground for the adoption of a child in Cameroon is that the welfare of the child will be guaranteed. Any standard short of that to guarantee the welfare of the child will be sufficient for a granted adoption to be rescinded.

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SEARCH OF FAMILY TRACE IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/search-of-family-trace-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/search-of-family-trace-in-cameroon/#respond Mon, 07 Nov 2022 14:02:41 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2274 SEARCH OF FAMILY TRACE IN CAMEROON Read More »

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The search of family trace or origin in Cameroon can be a very daunting task. This is usually the interest of Cameroonians living out of Cameroon without getting a proper idea of their tribe of origin, their division and sub-division of origin, their region of origin and their family lineage of origin. Hence when these persons attain the age of adulthood, there is always this hunger and drive to satisfy the question ‘Where do I come from in Cameroon?

Persons of Cameroonian decent living out of Cameroon can lose their family trace in Cameroon in the following circumstances;

  • They travelled out of Cameroon as a result of a child trafficking scheme,
  • They were born out of Cameroon by parents of Cameroonian decent but did not have the opportunity to know the true story of their family trace back in Cameroon as a result of the death of their parents,
  • Their parents just did not agree to tell their children the trace of their family origin,
  • They were born of one parent of Cameroon decent and another of foreign decent and they got affiliated to the culture of the parent of foreign decent,
  • They became victims of a family separation process abroad and it blocked their chances of knowing their family trace in Cameroon,
  • They became victims of a situation abroad like war or natural disaster and this limited their chances of getting knowledge about their family trace in Cameroon.
  • They are off springs of a surrogate procedure.

PROOF OF BEING A CAMEROONIAN CITIZEN

What is the proof that you are a Cameroonian by origin?

According to Law No. 1968-LF-3 of the 11th June 1968 to set up the Cameroon Nationality Code, Cameroon nationality of origin can be established in three ways;

  1. By Descent: This applies to the following situations;
    • A legitimate child born of Cameroonian parents,
    • An illegitimate child whose natural parents are both Cameroonians,
    • A legitimate child born of a Cameroonian father or a Cameroonian mother,
    • An illegitimate child born of parents of whom one is Cameroonian, when his affiliation to that one is first established, though the other be foreign, but subject in either case to the minor’s right to renounce Cameroon nationality within six months before his majority, either if he was born out of Cameroon or if, according to the national law of the foreign parent, he is able to avail himself of that nationality,
    • A legitimate child born of a Cameroonian mother and a father of no nationality or of unknown nationality,
    • An illegitimate child born of parents of whom one is Cameroonian, though his affiliation to that one be later established, if the other is of no nationality or of unknown nationality.
  2. By Birth:
    • Cameroonian nationality attaches to every child born in Cameroon of unknown parents. Provided that, if during his minority his affiliation is established with regard to a foreign parent and if in accordance with the national law of this foreign parent, he has the nationality of the latter, he shall be deemed never to have been a Cameroonian.
    • A new born child found in Cameroon will be presumed prima facie to have been born in Cameroon.
    • Cameroon nationality attaches, subject to the right to renounce it within six months before majority, to:
      • A legitimate child born of foreign parents, if both he and his father or mother were born in Cameroon,
      • An illegitimate child born of foreign parents, if both he and the parent to whom his affiliation is first established were born in Cameroon.

The acquisition of Cameroon nationality extends automatically to any person unable to claim any other nationality of origin if that person was born in Cameroon.

  1. Common:
    • The affiliation of an illegitimate child has no effect on his nationality unless established in the course of his minority.

PROOF OF BELONGING TO A VILLAGE IN CAMEROON

The search for family trace in Cameroon is linked to the possible village(s) from which the person after haven satisfied the conditions of being a Cameroonian by origin could have come from.

A clue on discovering the village(s) from which a person could possibly come from in Cameroon can be gotten from the family name (Surname) of the individual. This is because family names in Cameroon are usually affiliated to villages, divisions, sub-divisions and regions in Cameroon.

The Republic of Cameroon has over 250 tribes which speak at least 285 different indigenous languages in the 10 regions of Cameroon. Each tribe has its specificity with regards to traditional names.

So the family name (Surname) of the individual is very instrumental in the search for family origin in Cameroon.

PROOF OF BELONGING TO A FAMILY IN CAMEROON

After the discovery of the region, division, sub division and possibly the village from which a person comes from. The next step is to trace the actual family from which the individual may belong. In this regard, the procedure to trace the family origin of an interested person will be illustrated below.

PROCEDURE TO TRACE FAMILY ORIGIN IN CAMEROON

The family tree genealogy of an individual in Cameroon can be traced using the following strategies;

  1. Records Method: This strategy is aimed at tracing a family tree through the visit of record documents. In this regard, the following searches can be affiliated to the following records;
    • Birth date and place: the records to search for are; church records, civil registration and census records.
    • Marriage place and date: the records to search for are; church records and civil registration records.
    • Death date, place and burial: the records to search for are; church records and civil registration records.
    • Maiden Name:  the records to search for are; church records and civil registration records.
    • Parents, children, spouses and other family members: the records to search for are; church records, civil registration records and census records.
    • Surviving relatives: the records to search for are; Genealogies and Directories.
    • Residence: the records to search for are; church records and civil registration.
    • Occupation: the records to search for are; church records and civil registration records.
    • Religion: the records to search for are; church records and history.
    • Physical description: the records to search for are; Military records.
  1. Local Research Resources: This strategy entails the visit of archives, libraries and societies (such as cultural meetings in the villages, sub divisions and divisions).
  2. Land and Property Ownership: This strategy entails the visit to the records of land ownership in the traced village as the history behind communal and personal land in villages date back to ancestral times.

In conclusion, the search for family trace or origin in Cameroon is a cumbersome exercise which is engaged with extreme attention to detail.

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PROCEDURE FOR SEARCH OF THE REAL FATHER IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/procedure-for-search-of-the-real-father-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/procedure-for-search-of-the-real-father-in-cameroon/#respond Mon, 07 Nov 2022 13:55:45 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2272 PROCEDURE FOR SEARCH OF THE REAL FATHER IN CAMEROON Read More »

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An illegitimate child is one born out of lawful wedlock in Cameroon. Child recognition in Cameroon is the legal bridge through which a child born out of wedlock acquires the status of a legitimate child.

Child recognition in Cameroon otherwise known as child legitimation is the legal action which grants parental rights to the biological father of a child born out of wedlock.

In accordance with section 46 of the civil status registration ordinance of 1961, the search for the real father in Cameroon can be illustrated as follows;

  • The mother of a minor or a person of full age may, through application before a competent court, bring action for the search of the real father.
  • However, any action in search of the real father shall be rejected if during the legal period of conception, the mother led a loose life or had intercourse with another man or if the alleged father was physically unfit to be the father.
  • Under pain of foreclosure, action in search of the real father shall be taken by:
    1. The mother within two (2) years from the date of delivery or when the father ceases to maintain the child
    2. The child of full age, within one (1) year from the date of his majority.
  • Judgments relating to the search for the real father shall be entered in the margin of birth certificates.
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LEGALITIES OF IN VITRO FERTILIZATION IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/legalities-of-in-vitro-fertilization-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/legalities-of-in-vitro-fertilization-in-cameroon/#respond Mon, 07 Nov 2022 13:53:17 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2270 LEGALITIES OF IN VITRO FERTILIZATION IN CAMEROON Read More »

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Assisted reproductive technology like in vitro fertilization has been on the rise as a method of human reproduction. In vitro fertilization is the process of fertilization where an egg is combined with sperm in vitro. The process involves monitoring and stimulating a woman’s ovulatory process, removing an ovum or ova from her ovaries and letting sperm fertilize them in a culture medium in a laboratory.

The innovation in pharmacy and technology has changed the way in which some persons have children in Cameroon today. The technology spans from fertility drugs, to intra-uterine insemination, to advent of in vitro fertilization and now intracytoplasmic sperm injection (ICSI). While these innovations in pharmaceutical technology have brought about a smile to the faces of some parents in Cameroon, they carry their own unique risks, from multiple births to low birth weight to severe birth defects. Irrespective of the dangers to in vitro fertilization technology in Cameroon, the fertility industry still continues to make millions in a year.

The reason for lack of accountability in the fertility industry is down to the absence of law and regulation in this sector.

Recommendations

The rise in the use of in vitro fertilization, intracytoplasmic and artificial reproductive technology raises important issues that require legal and policy reforms in Cameroon. The rise in these practices has outpaced the development of policy in this sector in Cameroon. The need for regulation and policy can be considered in the following aspects;

  1. Complications raised by multiples: Multiple births and their externalities to the Cameroon healthcare system are one of the consequences of assisted reproductive technology. There has been several schools of thought touching on this aspect. While a school of thought have called for increased regulation of ovulation-inducing fertility drugs, another school of thought has emphasized on the embryo-transfer limits in the provision of infertility care. Nonetheless, the true goal of any regulation in this aspect must be to mitigate the incentive drive which pushes clinics to produce pregnancies without consideration of the risks and cost involved.
  2. Counselling of Patients on ICSI procedures: ICSI procedures has transformed assisted reproduction by enabling men suffering from infertility to reproduce. However, this procedure has its downside when it comes to producing live births. Hence it is imperative that regulation exist obliging clinics to counsel patients of ICSI procedures. If not patients will misconceive ICSI’s popularity for its safety. The rise in the ICSI procedure raises the possibility that consumers may not currently be operating with full disclosure, hence the prevalence of inadequate informed consent.

Risk of Increased Regulation

Not all schools of thought agree that there should be increased regulation as concerns assisted reproductive technology. There has been the presumption that increased public oversight have failed to recognize eugenic implications on the need to protect children from their own existence. Hence as per this school of thought, there could be serious eugenic implications should there be increased regulation on conventional technologies like IVF and ICSI as an entire class of people may be relegated to continuous childlessness.

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Child recognition and legitimation in Cameroon https://www.international-powerlaw-alliance.com/practice-blogs/child-recognition-and-legitimation-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/child-recognition-and-legitimation-in-cameroon/#respond Mon, 07 Nov 2022 13:50:27 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2267 Child recognition and legitimation in Cameroon Read More »

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Child recognition in Cameroon otherwise known as child legitimation is the legal action which grants parental rights to the biological father of a child born out of wedlock. Child recognition in Cameroon is regulated by Ordinance No. 81/02 of 29th June 1981. The status of parents play a significant role in determining whether a child is legitimate or illegitimate in Cameroon. However the process by which an illegitimate child becomes a legitimate child is the regime under which child recognition and legitimation in Cameroon is born. Child recognition in Cameroon becomes very necessary when the property regime of the father in concerned specifically in cases of inheritance.

According to the Black Law Dictionary, a legitimate child is a child born of married parents or a child born out of wedlock who has acquired legitimacy whilst an illegitimate child is one born out of lawful wedlock. Child recognition in Cameroon is the legal bridge through which a child born out of wedlock acquires the status of a legitimate child. This becomes the case where the mother to the child becomes married to the father of the child or where the father fulfils the legal procedure attributed to child recognition in Cameroon.

CHILD RECOGNITION IN CAMEROON AND SUCCESSION

In a general perspective, child recognition or legitimation in Cameroon eases the difficulty surrounding the inheritance of a child who first had the status of an illegitimate child. However, if the legitimation of the child was not done before the father was deceased, then the child will have to prove that the deceased father was indeed his father before he can lay claim as per the inheritance of the property of the father.

CLASSES OF ILLEGITIMATE CHILDREN

There are two classes of illegitimate children;

  1. Those born from two persons who at the moment when such children were conceived could have lawfully intermarried, and
  2. Those who are born from persons to whose marriage there exist at the time some legal impediment as illustrated in the case of Compton vs Prescott, 12 Rob (L.a) 50.

ELEMENTS TO PROVE THE LEGITIMACY OF A CHILD IN CAMEROON

  1. A valid statutory marriage must exist between the parents of the child.
  2. The father must be the husband to the mother of the child.
  3. The wife must be the mother of the child concerned.

The above elements are mandatory for child recognition in Cameroon. Failure to prove those elements will maintain the status of the child concerned as an illegitimate child.

DOCUMENTS REQUIRED FOR CHILD RECOGNITION IN CAMEROON

  1. Original and photocopy of marriage certificate of the parents of the child.
  2. Original and photocopy of birth certificate of the child.
  3. Copy of identity card of the parents of the child.
  4. A copy of the mother’s consent to the child recognition procedure if the father intends recognizing the child born out of wedlock without being married to the mother.

The documents mentioned above shall be filed before a competent court in order to obtain a child recognition decision. The decision will be inscribed as marginal notes on the birth certificate pursuant to section 41 (3) of Ordinance No. 81/02 of 29th of June 1981.

According to section 44 (1) of the Ordinance No. 81/02 of 29th june 1981, the recognition of children born out of wedlock shall be accepted by the civil status registrar if the presumed father gets the consent of the mother to the child when making such declaration.

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