[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
73
Publication of advertisements for adoption
(1) No person shall insert in a newspaper published in Zimbabwe an advertisement or
other intimation that any person desires any minor to be adopted or that any person is
willing to adopt any minor, unless such publisher has first received the written
permission of the Director to insert such advertisement or intimation.
(1a) 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.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and may,
in addition to any other penalty imposed upon him, be ordered by the court before
which he is tried to reveal the name and address, if known to him, of any person
concerned in any advertisement or intimation which is the subject of the prosecution,
and upon his refusal to comply with such order he may, in addition to any penalty
imposed on him for the said offence, be committed to prison for a period not
exceeding one month or until such time as he has so complied, whichever is the
shorter time.
[amended by Act 22 of 2001, with effect from the 20th May, 2002.]
74
Accessibility of records relating to adoption
Notwithstanding anything in any other law contained, the records of proceedings of a
court in terms of this Part shall not be open to inspection or be accessible to the public
except with the permission of that court.
75
Appeals
(1) Any person who is aggrieved by any order or decision made by a children’s court
in terms of this Part may appeal against that order or decision to a judge of the High
Court who may refer the matter to the court for argument.
(2) An appeal in terms of subsection (1) shall be heard in private and no person other
than those permitted by the judge or the court, as the case may be, shall be present at
the hearing thereof.
(3) The judge of the High Court or the court, as the case may be, may, in any appeal
in terms of subsection (1), confirm, vary or set aside the order or decision appealed
against or give such judgment or make any determination or order as the
circumstances may require.
PART VIIA
FOREIGN ADOPTIONS
[New Part inserted by Section 37 of Act 23 of 2001, with effect from the 18th
January, 2002.]
75A Application of Part
This part shall apply to any adoption order made in¾
(a)
a designated country, whether the order was made before, on or after
the date of commencement of the Children’s Protection and Adoption Amendment
Act, 2001, or the declaration of that country as a designated country;
(b)
a foreign country which is not a designated country, whether the order
was made before, on or after the date of commencement of the Children’s Protection
and Adoption Amendment Act, 2001.
75B
Designated countries
The Minister may by statutory instrument declare that any country shall be a
designated country for the purposes of this Act.
75C Recognition of adoptions in designated countries
(1) If the High Court is satisfied that¾
(a)
an order has been made by a competent authority in a designated
country for the adoption of a person who was not born in Zimbabwe; and
(b)
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
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