UGANDA: Updated Information on Residency and Fostering Requirements

Last Updated: January 17, 2020

The U.S. Embassy in Kampala continues to seek clarification from the Ministry of Gender, Labour, and Social Development (MGLSD) and the Ministry of Justice regarding the implementing regulations of the Children Act Amendments of 2016 (“the Act”), and, specifically, the definition of “exceptional circumstances” under Section 46(4) of the Act. The MGLSD asked to be notified of any court order that contains a waiver under Section 46(4) of the Act. The MGLSD also confirmed that the information provided in the Department’s 2017 adoption notice regarding residency and fostering requirements provided at Section 46(1) of the Act remains valid.     

Under Section 46A of the Act, the MGLSD or any other person with a justifiable reason may seek rescission of an adoption order, and in few recent cases, the MGLSD has stated it will be filling a request to rescind a court order. If you or the family you represent have not met the residency and fostering requirements or any other requirement under Section 46(1), and the court subsequently waives those requirements pursuant to Section 46(4), please be advised that the MGLSD has informed the U.S. Embassy that the MGLSD may choose to seek rescission of the court order.  The MGLSD indicated that if the family circumstances are truly compelling, and they have been demonstrated through the court order, the MGLSD may choose not to object. The MGLSD has not yet communicated to the U.S. Embassy how its rescission process will be conducted nor what the timeline might be for a final decision to be made.  

The MGLSD’s review of the court orders containing waivers is likely to extend case processing time. The Embassy and the Office of Children’s Issues continue to communicate with the MGLSD and will share any clarifications or guidance as soon as it becomes available.

If you have questions about this notice, please contact the Department of State’s Office of Children’s Issues via email at adoption@state.gov. Please continue to monitor our website for updates on adoptions in Uganda.