The cabinet has approved a new ministerial order regarding state guardianship of children and inter-country adoption, providing further guidance for implementing the law governing persons and the family, which was gazetted in 2024. ALSO READ: Giving a child a home: What you need to know about adoption in Rwanda According to officials from the National Child Development Agency (NCDA), the ministerial order aims to continue protecting vulnerable children and ensure they receive proper care under various forms of guardianship. “The ministerial order is designed to promote family-based care over institutionalisation,” said Diane Iradukunda, Acting Head of the Child Development, Protection, and Promotion Department at NCDA. The order elaborates on procedures already outlined in the law, offering a structured process for how children are placed under state guardianship. For example, according to the order, the state guardianship process begins at the village level, where the village general assembly identifies vulnerable children that are in need of adoption. Once approved, the children's case is submitted to the cell administration, and then forwarded to the district level. From there, the district submits the case to the relevant state organ, currently the NCDA. If the NCDA approves the case, the child is formally placed under state guardianship. “NCDA works closely with the district to assume parental responsibilities for the child,” Iradukunda said. “Together, we identify a family to provide care. If no family is found, we arrange temporary shelter and ensure that the child's basic needs such as school fees and scholastic materials are covered.” For inter-country adoption, the ministerial order outlines eligibility criteria and procedural requirements to ensure that adoptive parents are capable of providing a loving and stable home. ALSO READ: Intercountry child adoption requires close scrutiny Inter-country adoption involves a child either leaving Rwanda to live with adoptive parents in a foreign country or moving from another country to live with Rwandan adoptive parents. In Rwanda, any adult can adopt a child as long as they are at least seven years older than the child, according to the NCDA. Single people, couples, and families can adopt, but married couples are given priority to help the child grow up with both parental figures. There are two types of adoption: simple and full. Simple adoption allows a child to join a new family but still keep legal ties with their biological family. This is often used when one parent has died and the other cannot care for the child due to illness, disability, or being in prison. Consent is needed from the current guardian, and if the child is 12 or older, their consent is also required. Full adoption completely cuts legal ties with the biological family. It is used for orphans, abandoned children, or those under state care. The adoptive parents get full legal rights, but the child keeps their original citizenship. ALSO READ: 10 key proposed changes in family bill you should know For inter-country adoption, the process is done with both Rwanda and the adopter’s home country. The foreign country’s child welfare agency checks if the adopter is eligible and prepares the necessary documents. Rwanda had banned inter-country adoption for seven years until 2017, due to concerns about the safety and well-being of children abroad. The ban was lifted after Rwanda put new protections in place, in line with international standards like The Hague Adoption Convention.
