[2013] KEHC 3493 (KLR)

[2013] KEHC 3493 (KLR)

The court found that the applicants had satisfied all statutory requirements for international adoption under the Children’s Act. The child, having been abandoned and with no known relatives, was eligible for adoption. The applicants were assessed by both Kenyan and Canadian authorities, all of whom recommended the adoption. The court was satisfied that the applicants were financially and emotionally capable of caring for the child, and that the child had bonded with them. The adoption was approved by the relevant authorities in both Kenya and Canada, ensuring the child would be received and granted resident status in Canada. The court concluded that the adoption was in the best interests...

Citation
[2013] KEHC 3493 (KLR)
Parties
Applicant: D S G; Applicant: C A G; Respondent: Baby O alias B
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 May 2013
Case Number
Adoption Cause 14 of 2013
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
DN Musyoka
Legal Topics
International Adoption, Child Abandonment, Parental Rights, Best Interests of Child
Source Language
English
Family and Children International Adoption Child Abandonment Parental Rights Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

D S G

Applicant

C A G

Applicant

Baby O alias B

Respondent

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants meet the legal requirements for international adoption under Kenyan law.
  2. 2 Whether the adoption is in the best interests of the abandoned child.
  3. 3 Whether the applicants are suitable to assume parental rights and duties for the child.

Ratio Decidendi

The court found that the applicants had satisfied all statutory requirements for international adoption under the Children’s Act. The child, having been abandoned and with no known relatives, was eligible for adoption. The applicants were assessed by both Kenyan and Canadian authorities, all of whom recommended the adoption. The court was satisfied that the applicants were financially and emotionally capable of caring for the child, and that the child had bonded with them. The adoption was approved by the relevant authorities in both Kenya and Canada, ensuring the child would be received and granted resident status in Canada. The court concluded that the adoption was in the best interests...

Court Disposition

adoption granted

Orders

  • The Originating Summons dated 4th February 2013 is allowed.
  • The applicants, D S G and C A G, are allowed to adopt the child, Baby O alias B, who shall hereafter be known as B DG.