[2015] KEHC 38 (KLR)
The court found that the biological mother of the minor abandoned her shortly after birth and failed to sign the final consent for adoption. The applicants, a married couple, have demonstrated financial stability, a suitable home environment, and have cared for the minor since June 2014. The County Coordinator,...
Source-derived case information.
- Citation
- [2015] KEHC 38 (KLR)
- Parties
- Applicant: B G; Applicant: A W G
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Procedure, Child Abandonment, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B G
Applicant
A W G
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the consent of the biological parents can be dispensed with in the circumstances of abandonment.
- 2 Whether the applicants meet the legal requirements and suitability to adopt the child.
- 3 Whether it is in the best interest of the child to be adopted by the applicants.
Ratio Decidendi
The court found that the biological mother of the minor abandoned her shortly after birth and failed to sign the final consent for adoption. The applicants, a married couple, have demonstrated financial stability, a suitable home environment, and have cared for the minor since June 2014. The County Coordinator, Children Services, recommended the adoption as being in the best interest of the child. The court held that the applicants meet the legal requirements for adoption, and that dispensing with the biological parents' consent is justified due to abandonment. The adoption is in the best interest of the child, and the application was allowed accordingly.
Court Disposition
application allowed
Orders
- The consent of the biological parents is dispensed with due to abandonment.
- The minor is presumed to be a Kenyan citizen by birth.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 4 OF 2015
IN THE MATTER OF THE CHILDREN ACT
IN THE MATTER OF BABY R I
A.K.A. S G ............................................................INFANT
AND
B G
A W G...........................................................APPLICANTS
JUDGMENT
By way of Originating Summons dated 6th February, 2015, the Applicants herein B G and A W G sought orders:
1. Spent
2. Spend
3. That the consent of the biological parents of baby R I A.K.A. S G be dispensed with since her mother gave her up for adoption but later disappeared and she has never returned to sign the consent.
4. That baby R I A.K.A. S G be presumed to be a Kenyan citizen by birth.
5. That the applicants be authorised to adopt baby R I A.K.A. S G and the child be called the same henceforth.
6. That the Registrar-General do make the appropriate entries in the adopted children's register in respect of baby R I A.K.A. S G.
7. That the court does issue such other orders as may be necessary in the best interest of the child.
8. That the costs be in the cause
The minor, R I A.K.A S G was born on 28th April, 2013 by P E B. She was offered for adoption when she was two (2) days old by her mother who said she had three (3) other children and was separated with her husband and was financially unstable. The mother however failed to sign the final consent and the case was treated as an abandonment and reported to the Nakuru Police Station on 22nd June, 2013. It was booked vide occurrence book No.64/22/6/13.
The County Coordinator, Children Services has filed a detailed report pursuant to this court's orders of 23rd June, 2015.
The prospective adoptive parents are married and hold a Certificate of Marriage No.[…]. The adoptive mother A G was born on 8th July, 1971. She works with the [particulars withheld]. The prospective adoptive parent B G was born on 21st February, 1971. He works for [particulars withheld] Limited as a [particulars withheld] Manager.
The minor has been living with the prospective adoptive parents since 16th June, 2014 and was declared free for adoption on 21st May, 2014.
The home report found the applicants financially stable, living in a good home environment and were very loving and caring to the minor. It is recommended that it is in her best interest that the child be adopted.
I have had occasion to consider the application and the relevant reports filed. I am satisfied that the applicants meet the necessary suitability to adopt the child R I A.K.AS. S G.
It is in the best interest of the child that she be given for adoption.
Consequently, I allow the application in terms of prayers 4, 5, 6 and 7.
Costs be in the cause.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 25th day of November, 2015.
A. K. NDUNG'U
JUDGE