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Section 78: How to Become a Child's Guardian in Uganda

78.Conditions for guardianship

(1)The court shall before making a guardianship order satisfy itself that—

(a)there is no known relative or next of kin of the child;

(b)the relative and next of kin are unwilling or unable to take parental responsibility of the child;

(c)all alternative care options available to the child have been exhausted;

(d)the child is suffering or likely to suffer significant harm under present custody;

(e)consideration has been given to the wishes of the child, having regard to the age and understanding of the child, where in the view of the court, the child is able to understand the guardianship proceedings; and

(f)where the child is twelve years of age or above, his or her consent to the guardianship has been obtained, unless it is impossible for the child to express his or her consent.

(2)The court shall before making a guardianship order satisfy itself that the applicant—

(a)has continuously lived in Uganda for at least three months;

(b)does not have a criminal record; and

(c)has a recommendation concerning his or her ability as a guardian from a probation and social welfare office or other competent authority in Uganda or in the applicant's country of residence.

(3)The court shall not make an order for guardianship, unless it is satisfied that the applicant has not made, given or agreed to make any payment or other reward in consideration of the guardianship.

(4)The court may dispense with any consent required under this section if satisfied that the person whose consent is to be dispensed with has abandoned, or deserted the child, cannot be found or is incapable of giving consent or being a person responsible for the support of the child, has persistently neglected or refused to contribute to the support of the child.

(5)The court may, in addition to the report of the probation and social welfare officer, require a local authority, the probation and social welfare officer in the relevant district in Uganda or any other person to make a report in respect of the guardianship application.

Plain English Summary

You can only become a child's guardian if the court confirms certain conditions are met. The court must first check that no relative or next of kin ca...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within THE CHILDREN ACT. Faster results.