Adoption of Children Act (cap 26:01) & Chifundo James (a female infant): Supreme Court, 2009

Date November 6, 20184:09 pm

This case concerns an appeal to overturn the decision of the lower court rejecting an application for adoption of a female infant (CJ) that was born out of wedlock. Her mother had died a few days after her birth and her father was unknown. She was under the care of her grandparents before being taken to the orphanage in Kondanani. Since her stay at the Orphanage, she had no family visits and no one came for her adoption, but for the Appellant; yet the High Court refused to grant the Application, despite having credible evidence attesting that she was competent to be the child’s foster parent.

In the Malawi Supreme Court of Appeal: Sitting at Blantyre. MSCA Adoption Appeal no. 28 of 2009 (being adoption cause no. 1 of 2009, High Court of Malawi, Lilongwe District Registry)