When you decide to adopt the child after Legal Guardianship in Uganda
The Legal guardianship Order usually states that the Applicants are permitted to immigrate with the child to the United States of America (Home Country) in order to fulfil their obligations as Legal Guardians. In most cases, the Legal Guardianship Orders do not expressly state that the Applicants are permitted to petition for adoption of the child in their home Country.
If you decide to petition for adoption of the child, what is your basis for such petition when the Judge has not expressly permitted you to do so?. What is the Adoption Order is challenged for being in contempt of the Court Order issued in Uganda?.
From experience, most Legal Guardianship Orders subject all the directives to further orders of court. The Court is not specifically mentioned. This means that despite the directives in the legal Guardianship order, another Court in the Home Country of the adoptive parents has the jurisdiction to vary the orders of Ugandan courts. It is on this basis that the Courts in the home Country of the adoptive parents have exercised their jurisdiction and discretion to entertain petitions for adoption of the children. Despite the above, I am concerned where the relevant clause is omitted in the Legal Guardianship order.
Some Judges have admitted to making such Orders because they are not aware of post placement programs of Countries of adoptive parents and how the rights of internationally adopted children are protected. Adoptive parents come from different parts of the world and it would be next to impossible to expect the Judges to know post placement programs of Countries all over the world.
The first step is to start with Countries where most adoptive parents come from. United States leads in international adoption in Uganda. Regular updates on how the children are doing to be sent to the relevant Courts. This will give Judges the satisfaction that the children adopted internationally are deed protected by the Home countries of the adoptive parents.