Can an individual or an institution after having legally adopted a child, ask for cancellation of the adoption agreement by showing the challenging health condition of the child?
Regarding this issue, the cassation bench has rendered a decision on April 22, 2002 E.C.
The applicants, in their claim stated that after the adoption had been finalized they found out that the child had mental illness and is in need of constant treatment. Further they stated they don’t have enough finances to get treatment for the child and hence are asking for cancellation of the adoption.
The Ethiopian Federal First Instance Court and the High Court both dismissed the claim on the ground that it is not sufficient to cancel an adoption. However the cassation bench decided to entertain the case in light of Article 36(1) of the constitution which is The Best Interest of the Child.