five years after the date upon which the adoption order was made.
(2) Where the application is made by a parent of the minor, he shall give due notice of
the application to the adopter of the minor.
(3) Where the application is made by an adopter, he shall give notice of the
application to the Minister and to the parent or parents, or the person who was, prior
to the adoption, the legal guardian of the adopted child, if he or they can be found.
(4) Where the application is made by the Minister, he shall give notice to the adopter
and to the parent or parents, or the person who was, prior to the adoption, the legal
guardian of the adopted child, if he or they can be found.
(5) The court to which the application is made shall, after having satisfied itself that
the applicant has complied with subsection (2), (3) or (4), as the case may be, and
after having afforded any person interested in the application an opportunity to be
heard, and after having considered any relevant evidence, whether oral or in the form
of affidavit, which was tendered in support of or in opposition to the application,
rescind or confirm the adoption order:
Provided that—
(i)
the court shall not rescind an adoption order on the application of a
parent of the adopted child if it is satisfied that the applicant is unfit to have the
custody of the minor and that it is in the interests of the minor that the adoption order
be confirmed;
(ii)
if the application is made on the ground that the minor was suffering
from a serious physical defect or that the minor is a mentally disordered or defective
person, the court shall not rescind the adoption order unless it is satisfied that the
applicant was or, if a husband and wife jointly adopted the minor concerned, they
were both at the time of the making of the adoption order ignorant of the physical
defect or mental disorder or defect of the minor.
(6) On the rescission of an adoption order the adopted child shall for all purposes be
restored to the position in which he would have been if no adoption order had been
made and the court shall notify the Registrar-General of such rescission:
Provided that the rescission shall not affect anything lawfully done while the adoption
order was in force.
68
No consideration in connection with adoption permitted
If any person or agent of that person who has obtained or applied for an adoption
order gives or undertakes to give or, except with the consent of the court which made
the order or to which application for the order is made, receives or contracts to
receive any consideration in respect of the adoption, or if any parent or legal guardian
of a minor receives or contracts to receive or, save with such consent as aforesaid,
gives or undertakes to give any consideration in respect of the adoption, he shall be
guilty of an offence and liable to a fine not exceeding level five or to imprisonment
for a period not exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
69
Concealment of identity of adopted child
(1) No person shall at any time publish any information likely to reveal the identity of
the parent or adopter of any adopted child normally resident in Zimbabwe or, except
with the consent in writing of the adopter or of the adopted child if such adopted child
is over the age of eighteen years, the fact that such adopted child has been adopted:
Provided that if the Minister is of the opinion that such publication would be just and
equitable and in the interests of any particular person he may by written order
dispense with the prohibition of this subsection to such an extent as may be specified
in the order.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
70
Adopted Children Register
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