and may issue such order for its recognition as the court thinks appropriate.
(2) The High Court may make a declaration and issue an order in terms of subsection
(1) upon application being made to it or in the course of any other proceedings before
it.
75D Recognition of adoptions in non-designated countries
(1) Subject to subsections (3) and (4), if the High Court is satisfied that—
(a)
an order has been made by a competent authority in any foreign
country which is not a designated country, for the adoption of a person who was not
born in Zimbabwe; and
(b)
the adopted person or the adopter was domiciled or permanently
resident in the foreign country at the time the adoption order was made; and
(c)
it would not be contrary to public policy to recognize the adoption;
the High Court may declare that the adoption order shall be recognized in Zimbabwe
and may issue such order for its recognition as the court thinks appropriate.
(2) The High Court may make a declaration and issue an order in terms of subsection
(1) upon application being made to it or in the course of any other proceedings before
it.
(3) The High Court shall not make a declaration or issue an order in terms of
subsection (1) unless the Director has been notified of the intended declaration or
order and has been afforded an opportunity to make such written representations in
regard thereto as he may consider appropriate.
(4) The High Court shall take due account of any representations made by the
Director in terms of subsection (3) before it makes a declaration or issues an order in
terms of subsection (1).
75E
Registration of birth of person adopted in foreign country
(1) Subject to this section, if the Registrar-General is satisfied, in regard to any
adoption which the High Court has declared in terms of section seventy-five C or
seventy-five D should be recognized, that¾
(a)
the adopter is a citizen of Zimbabwe; and
(b)
the adopted person is a minor;
the Registrar-General shall, on application by the adopter, cause the adopted person’s
birth to be recorded in his register and in the register of births of the district in which
the High Court made the declaration.
(2) An application for the registration of a birth in terms of subsection (1) shall be
accompanied by¾
(a)
the adoption order made in the designated or foreign country, or a
certified copy thereof; and
(b)
the declaration or order of the High Court or a certified copy thereof;
and
(c)
such documentary evidence of the adopted person’s date of birth as
the Registrar-General considers sufficient; and
(d)
the form prescribed for use in connection with the registration of a
birth, completed as far as may be possible and signed by the adopter.
(3) When the Registrar-General has caused entries to be made in the registers in terms
of subsection (1), he shall cause the entries to be marked with the word “Adopted”
and shall include in the Adopted Children Register an entry relating to the adopted
person with—
(a)
the endorsement “Recognised Foreign Adoption”; and
(b)
a reference to the declaration or order of the High Court and the date
and reference number thereof; and
(c)
such particulars as to the name, sex, age and date of birth of the
adopted person as may be available; and
(d)
the surname and address of the adopter or adopters, as the case may
be.
75F
Effect of recognition of foreign adoption
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