Infants Ordinance 1961

The Infants Ordinance 1961 consolidates legislation concerning the guardianship, custody, adoption, protection, legitimation, and welfare of children in Samoa. It requires courts, when deciding questions of custody or upbringing, to give paramount consideration to the welfare of the child. Either parent may apply for custody, and the Court may appoint non-parent custodians if neither parent is fit. Section 12 makes it an offense, punishable by a fine or one year in prison for any person with custody or control of a child under 18 to willfully neglect, abandon, expose, or mistreat the child so as to cause unnecessary suffering. Under Section 16, where a child is found living in circumstances of indigence, neglect, or delinquency that are detrimental to their well-being, the Court may order that the child be placed under the care of a welfare officer. The Samoa Law Reform Commission is reviewing the Ordinance to update and modernize its provisions.