[2013] KEHC 5148 (KLR)
The court found that the applicants had fulfilled all statutory requirements under the Children's Act for adoption, including providing necessary documentation, obtaining approvals from relevant authorities, and demonstrating their suitability to care for the child. The reports from the guardian ad litem and the...
Source-derived case information.
- Citation
- [2013] KEHC 5148 (KLR)
- Parties
- Applicant: E.J.W.E.; Applicant: P.E.B.; Respondent: Baby C.M.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 251 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption of Minors, Parental Rights, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E.J.W.E.
Applicant
P.E.B.
Applicant
Baby C.M.
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have satisfied the legal requirements for adoption under the Children's Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the applicants are suitable to assume parental responsibility for the child.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements under the Children's Act for adoption, including providing necessary documentation, obtaining approvals from relevant authorities, and demonstrating their suitability to care for the child. The reports from the guardian ad litem and the Director of Children's Services both recommended the adoption. The court was satisfied that the child had bonded with the applicants and that they possessed the financial and emotional capacity to provide for the child. The adoption was determined to be in the best interests of the child, and the applicants were granted parental rights and duties as if the child were born to them....
Court Disposition
adoption granted
Orders
- E.J.W.E. and P.E.B. are permitted to adopt Baby C.M.
- The child shall henceforth be called C.M.E.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 251 of 2012
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IN THE MATTER OF BABY C.M. (MINOR)
JUDGEMENT
E.J.W.E. and P.E.B. have come to court by way of Originating Summons dated 12th November 2012 for permission to adopt Baby C.M.
The child the subject of these proceedings was found abandoned in Buuri District of Meru County on 20th October 2010. His date of birth is unknown, but estimated as 2nd August 2010. He was taken to hospital and a report of his case made at the Meru Police Station. He was subsequently committed by court to the [particulars withheld] and later the [particulars withheld]. No one had claimed him before he was placed with the applicants for adoption.
The applicants are of Dutch nationality. They are married since 2007 and have been together since 2005. Several documents have been submitted in support of the application. These include:
Their passports to show their Dutch identity.
Their employment records
Permission for adoption of two foreign children, from the Ministry of Safety and Justice dated 6th February 2012.
Undertaking by Foundation Africa/Stichting Africa dated 17th March 2011 confirming that this court's adoption order will be respected and recognised in the Netherlands.
Their certificates of good conduct from the relevant Dutch authorities dated 23rd January 2012 and 30th January 2012.
The proposed legal guardians letters of consent dated 20th January 2012 and 27th January 2012.
Approval for individual foreign adoption dated 16th May 2012.
Certificate declaring the child to be free for adoption.
Report/recommendation of the guardian ad litem F.G.M., dated 31st December 2012.
Report/recommendation of the Director of Children's Services dated 14th January 2013.
I have perused and revieved the documents filed in this matter to support the applicants case. I find that the applicants have fulfilled the requirements of the Children's Act relating to adoptions. The documentation favours the adoption. All the reports filed by the relevant agencies have recommended the adoption.
I am satisfied that the child has bonded well with the applicants who have established that they have the financial and emotional ability and capacity to take care of the child. It is my opinion that it would be in the best interests of the child that he be adopted by the applicants. It is important for the applicants to understand:
(a) That they shall assume parental rights and duties of the biological parents in respect of the child.
(b) That they shall treat the child as if he was born to them in their marriage.
(c) That the adoption order shall be final once made and shall be binding on them during the lifetime of the child.
(d) That the child shall have a right to inherit their property.
(e) That the adoption order cannot be recanted.
(f) That they shall not give up the child owing to any subsequent unforseen behaviour or other changes in the child.
I allow the Originating Summons dated 12th November 2012. E.J.W.E. and P.E.B. are hereby permitted to adopt Baby C.M. The child shall henceforth be called C.M.E. S.J.S. and S.S. shall be the legal guardians of the child should misfortune befall the applicants. I direct the Direct-Registrar to enter this adoption order in the Adoption Register. The guardian ad litemis hereby discharged.
W. Musyoka
Judge
DATED, SIGNED and DELIVERED at NAIROBI this 15th DAY OF FEBRUARY, 2013.