[2012] KEHC 719 (KLR)

[2012] KEHC 719 (KLR)

The court found that the applicants met all statutory requirements for adoption under the Children Act. The child had been freed for adoption, and the reports from the guardian ad litem, the Director of Children’s Department, and the adoption society all recommended the adoption. The court determined that the adoption was in the best interests of the child, and that the applicants should be granted authority to adopt. The consents of the biological parents were dispensed with, and all parental rights and obligations were transferred to the applicants as if the child were their biological child.

Citation
[2012] KEHC 719 (KLR)
Parties
Applicant: A G A; Applicant: F L M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 November 2012
Case Number
Adoption Cause 128 of 2011
Procedural Posture
Adoption Cause / Judgment
Outcome
application allowed
Judges
D Schofield
Legal Topics
Adoption Procedure, Best Interests of Child, Parental Rights Termination
Source Language
English
Family and Children Adoption Procedure Best Interests of Child Parental Rights Termination

Case Brief

Summary, issues, holding and outcome

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Parties

A G A

Applicant

F L M

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants are qualified to adopt the child under the Children Act.
  2. 2 Whether the child has been freed for adoption in accordance with the law.
  3. 3 Whether the adoption is in the best interests of the child.

Ratio Decidendi

The court found that the applicants met all statutory requirements for adoption under the Children Act. The child had been freed for adoption, and the reports from the guardian ad litem, the Director of Children’s Department, and the adoption society all recommended the adoption. The court determined that the adoption was in the best interests of the child, and that the applicants should be granted authority to adopt. The consents of the biological parents were dispensed with, and all parental rights and obligations were transferred to the applicants as if the child were their biological child.

Court Disposition

application allowed

Orders

  • The consents of the biological parents of the child are hereby dispensed with.
  • The applicants, A G A and F L M, are hereby authorized to adopt the child, namely, BABY M M.