PNG government targets illegal adoptions

By Sam Vulum

Private adoption arrangements for Papua New Guinean children between their parents and expatriate couples have existed in the country since independence and no-one seemed to really care.

Until recently, concern has been raised over the legality of such arrangements, as far as the country’s Adoption for Children Act is concerned.

As it seems, most of the arrangements, at least those that occurred after the introduction of the Act, have been deemed illegal.

But whether the parties involved would be prosecuted, is now a matter for the Child Welfare division of the Department of Home Affairs to clarify with the Attorney General’s office.

Discussions on this matter and related legal issues are expected to take place between the two government departments soon.

They are also expected to cover the jurisdiction of the Act, to establish whether it has been effective. It is understood that the Act has been drafted from an Australian model and most of its provisions appear irrelevant to PNG situations.

It has been claimed that most of the children had been taken away by expatriates under the pretext of providing them education overseas.

However, while in their respective countries, arrangements were made for the adoption of the children. The Child Welfare office has on file cases as prove of the practice, however, the

division could not be drawn into discussing and identifying some of the cases until after the legal discussions have been completed.

Joseph Sukwianomb, the Secretary for Department of Home Affairs and director of Child Welfare, had publicly spoken out against the practice recently.

Sukwianomb has warned that people arranging to adopt children without clearing it with the Government could be prosecuted in court.

He said there was an increasing number of private arrangements being made concerning fostering of children.

This resulted in a final application to the National Court for adoption, without the Child Welfare director

having prior knowledge.

He said that he had evidence of young Papua New Guinea women and couples making private arrangements with expatriate couples to adopt their children.

“These people could be prosecuted for a breach of Section 43 (1) (a) and (b) of the Adoption of Children Act which strictly forbids unauthorised arrangements,” he said.

He said anyone, other than the director of child welfare or a person acting on behalf of the director, who arranges an adoption is guilty of an offence. The penalty is K4OO or imprisonment for up to three months.

Sukwianomb said that the Adoption of Children Act clearly outlined procedures for fostering or adoption of any children, excluding children

covered by the customary Adoption Act.

Sukwianomb said that the office of the director of Child Welfare had the duty to protect all PNG children, ensuring that such procedures were strictly followed. He would not hesitate to prosecute people who did not abide by them.

He said his office would not accept responsibility for unauthorised fostering or adoption of children arrangements and might proceed to prosecute offenders under the Adoption of Children Act.

Unauthorised arrangements include all except those made by a mother/parents and in which a relative intended to adopt the child, he said.

Sukwianomb also issued a strong warning to the hospital matrons and sisters in charge of all maternity wards not to use media organisations to publicise information on abandoned children in their care.

They should immediately contact the hospital social worker or provincial welfare officers, who would then inform the office of the Director of Child Welfare.

He called on all gazetted welfare officers, who are delegates of the director of child welfare, to play a key role in protecting the rights of all Papua New Guinean children.

Sukwianomb encouraged young Papua New Guinea women and couples who wanted to give up their children for adoption to contact his office for advice before making any. commitment. ■