CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002) (7) Except with the consent of the Minister, no adoption order shall be made in favour of an applicant who is not a citizen of Zimbabwe: Provided that this subsection shall not apply in a case where the applicant and the minor are within the prohibited degrees of consanguinity. 60 Consent to adoption given by minor mother of illegitimate child Any consent given on or before the 26th October, 1973, by a mother to the adoption of her illegitimate child shall not be regarded as invalid for the purpose of the making of an adoption order in terms of this Act or any other enactment relating to adoption solely on the ground that at the time of giving the consent the mother was a minor or a married woman and was not assisted thereto by her parent, guardian or husband, as the case may be. 61 Matters with respect to which court to be satisfied The court, before making an adoption order, shall be satisfied— (a) where the consent of a parent is necessary in terms of this Act and has not been dispensed with, that such consent is in the prescribed form and— (i) is signed before a magistrate; and (ii) states that the consent of the parent has been given to the adoption of the minor— A. by the applicant or applicants for the adoption whose full names are known or have been made known to the parent and which, together with their residential address, shall be specified on the prescribed form; or B. by an applicant or applicants approved and selected by the court in terms of this Act from the register of names of persons kept by the Director in terms of subsection (1) of section sixty-two; and (iii) contains a certificate endorsed thereon by the magistrate that the parent understands the nature and effect of the adoption order applied for and that, if granted, the parent will be permanently deprived of his or her parental rights in respect of the minor; and (b) where the consent of any person other than a parent is necessary in terms of this Act and has not been dispensed with, that such person has consented to and understands the nature and effect of the adoption order for which application is made; and (c) that the order if made will be for the welfare of the minor, due consideration being for this purpose given to the wishes of the minor, having regard to the age and understanding of the minor; and (d) that the applicant has not received or agreed to receive, and that no person has made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption, except such as the court may sanction. 62 Register of applicants for adoption (1) The Director shall keep a register of names of persons who wish to adopt a minor. (2) Upon an application being made to him by any person who wishes to have his name recorded on the register referred to in subsection (1) the Director may— (a) if he considers that such person would be suitable as an adopter, record such person’s name on the register; (b) if he does not consider that such person would be suitable as an adopter, refuse to record such person’s name on the register. (3) Where the Director considers that any person whose name is recorded on the register referred to in subsection (1) is no longer suitable to be an adopter he may remove that person’s name from the register and shall notify the person concerned. (4) Any person who is aggrieved by the decision of the Director in refusing to record his name on the register referred to in subsection (1) or in removing his name therefrom may appeal to the children's court which may confirm the decision of the Director or direct him to record the appellant’s name on the register, and the Director shall comply with any such direction. 33

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