[2013] KEHC 5347 (KLR)
The court found that the applicants had satisfied all statutory requirements for international adoption under the Children.s Act, including approval by the Kenya National Adoption Committee, favourable assessments by the Little Angels Network and the Director of Children's Services, and a positive report from the...
Source-derived case information.
- Citation
- [2013] KEHC 5347 (KLR)
- Parties
- Applicant: S.K.; Applicant: M.K.G.; Respondent: N.V.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 207 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- International Adoption, Child Abandonment, Adoption Procedure, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S.K.
Applicant
M.K.G.
Applicant
N.V.
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for international adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all necessary consents and reports have been obtained and are favourable.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for international adoption under the Children.s Act, including approval by the Kenya National Adoption Committee, favourable assessments by the Little Angels Network and the Director of Children's Services, and a positive report from the guardian ad litem. The applicants demonstrated the financial, emotional, and moral capacity to care for the child, and the child had bonded well with them. The court was satisfied that the adoption was in the best interests of the child, would provide her with a stable family environment, and that all necessary consents and undertakings had been obtained. Accordingly, the court...
Court Disposition
adoption granted
Orders
- The Originating Summons dated 28th September 2012 is allowed.
- S.K. and M.K.G. are authorized to adopt Baby N.V., who shall henceforth be known as N.V.N.K.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 207 of 2012
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IN THE MATTER OF THE CHILDREN’S ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION BABY N. V. (MINOR)
BY S. K. & M.K.G.
JUDGEMENT
The applicants, S.K & M.K.G, are husband and wife. They are Dutch nationality. N.V, the subject of these adoption proceedings is an abandoned child, having been left at the Kakamega Hospital. Matter of her abandonment was reported at the Kakamega Police Station and thereafter the child was moved to the PEFA Rehema Children's Home in Bukura, where she was committed by the Kakamega Children's Court, and she remained there until her foster period with the applicants. This background is well documented in the papers filed in this cause.
In the Originating Summons before me, the applicants have expressed a desire to formally adopt the child. To facilitate the adoption, the applicants have been evaluated by the Child Welfare Council of the Netherlands, who approved that the applicants could adopt one or two children. They have also obtained consent for an inter-country adoption. The Foundation Africa/Stitching Africa, which is helping the applicants with the adoption process has confirmed that an adoption decree issued by this court will be recognized in the Netherlands. There is also supporting documentation to show that the applicants are in fairly good health. The applicants are persons of good conduct according to the certificates issued by the relevant authorities in the Netherlands.
This proposed international adoption has been approved by Kenya National Adoption Committee, which has issued a certificate to that effect. Locally, the applicants have been assessed by the Little Angles Network, an Adoption Society and by the Director of Children's Services. Both have filed reports on the suitability of the applicants for the purpose of the adoption. There is also a report of the guardian ad litem, C.W.M–O. The three reports are favourable and recommend the proposed adoption. The applicants are a married couple who have expressed a wish to adopt a female child. I am satisfied that they have the financial and emotional capacity to take care of the child. It is evident from the reports that the child has bonded well with the applicants. All the relevant agencies have recommended the adoption. This court is satisfied that all the legal requirements for an international adoption have been met.
In the event of something untoward happening to the applicants, J.K and F.T have consented to acting as the legal guardians of the child. It is the opinion of this court that it would be in the interests of the child that she be adopted by the applicants. The applicants shall provide a home and a family for the child to grow up in, and therefore became a useful member of the society. The applicants will be required to sign an undertaking that they shall assume all parental rights and duties of the biological parents in respect of the adopted child, they shall treat the adopted child as if she was born to them in their marriage; they have been made aware that once the adoption order is issued, it shall be final and binding during the lifetime of the child that they shall adopt; that the child shall have the right to inherit their property; that an adoption order cannot be recanted, and further, that they shall not give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I allow the Originating Summons dated 28th September 2012. I allow the applicants S.K and M.K-G to adopt Baby N.V. That her name shall hereafter be N.V.N.K. I direct the Registrar-General to enter this adoption into the Registrar of Adoptions. The guardian ad litem is hereby discharged.
W.M. MUSYOKA
JUDGE
DATED, SIGNED and DELIVERED at NAIROBI this 8th DAY OF FEBRUARY, 2013.