[2013] KEHC 5847 (KLR)

[2013] KEHC 5847 (KLR)

The court found that although the person to be adopted is above 18 years and thus outside the statutory definition of a child, he is still in school and requires ongoing support from the applicants. Section 28 of the Children Act empowers the court to extend parental responsibility beyond the age of 18 if the child continues to need support. The court also noted that Section 157 allows adoption orders irrespective of the child's citizenship or place of birth. Given the circumstances, including the child's consent and the lawful adoption agreement executed in India, the court held that it is in the interests of justice and the welfare of the child to grant the adoption order.

Citation
[2013] KEHC 5847 (KLR)
Parties
Applicant: N.P.C; Applicant: D.N.C; Child: A.H.C
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
28 June 2013
Case Number
Adoption Cause 4 of 2013
Procedural Posture
Adoption Application / Ruling
Outcome
application granted
Legal Topics
Adoption of Adult, Parental Responsibility Extension, Consent to Adoption
Source Language
English
Family and Children Adoption of Adult Parental Responsibility Extension Consent to Adoption

Case Brief

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Parties

N.P.C

Applicant

D.N.C

Applicant

A.H.C

Child

Procedural Posture

Adoption Application / Ruling

Legal Issues

  1. 1 Whether the court can grant an adoption order for a person above 18 years old under Kenyan law.
  2. 2 Whether the court can extend parental responsibility beyond the age of 18 if the person is still in need of support.
  3. 3 Whether the adoption order can be granted where the child is not a Kenyan citizen or was not born in Kenya.

Ratio Decidendi

The court found that although the person to be adopted is above 18 years and thus outside the statutory definition of a child, he is still in school and requires ongoing support from the applicants. Section 28 of the Children Act empowers the court to extend parental responsibility beyond the age of 18 if the child continues to need support. The court also noted that Section 157 allows adoption orders irrespective of the child's citizenship or place of birth. Given the circumstances, including the child's consent and the lawful adoption agreement executed in India, the court held that it is in the interests of justice and the welfare of the child to grant the adoption order.

Court Disposition

application granted

Orders

  • An adoption order shall issue in favour of the applicants.