[2015] KEHC 5504 (KLR)
The court found that the Applicants had satisfied all statutory requirements for international adoption under Kenyan law. The child, having been abandoned and unclaimed, was eligible for adoption. The Applicants were found to be suitable adoptive parents based on reports from the Adoption Society, guardian ad litem,...
Source-derived case information.
- Citation
- [2015] KEHC 5504 (KLR)
- Parties
- Applicant: L S J; Applicant: S S J
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- International Adoption, Child Abandonment, Adoption Procedure, Parental Rights, Citizenship of Adopted Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L S J
Applicant
S S J
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants meet the legal requirements for international adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is eligible for adoption given his abandonment and lack of known biological parents.
Ratio Decidendi
The court found that the Applicants had satisfied all statutory requirements for international adoption under Kenyan law. The child, having been abandoned and unclaimed, was eligible for adoption. The Applicants were found to be suitable adoptive parents based on reports from the Adoption Society, guardian ad litem, and Director of Children’s Services. The adoption was also approved by Danish authorities, ensuring the child would acquire Danish citizenship and the adoption would be recognized in Denmark. The court determined that the adoption was in the best interests of the child, who would benefit from a stable family environment and opportunities unavailable in institutional care....
Court Disposition
adoption granted
Orders
- The Applicants, L S J and S S J, are allowed to adopt Baby M A, who shall be known as J A S J.
- The child’s date of birth is presumed to be 19th August, 2013.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 5 OF 2015 (O.S.)
AND
IN THE MATTER OF CHILDREN’S ACT, No. 8 of 2001
AND
IN THE MATTER OF BABY M A
L S J……………………………1ST APPLICANT
AND
S S J……………………………2ND APPLICANT
JUDGMENT
The Applicants, L S J and S S J are of Danish origin and in a monogamous marriage which was solemnized at the Danish National Church, Vorgod Kirke Vorgod Sogn, Ringkabig-Skjern Kommune on 26th June, 2010. They have no child of their own. They have brought an Originating Summons dated 20th November, 2014 seeking permission to adopt baby M A, an infant of male sex. L S J is a Technician with [particulars withheld] Company, while S S J is a Teacher/Social Worker with [particulars withheld] School. They reside in Kilimani [particulars withheld] Court, Nairobi and are both Christians of the Lutheran Church.
The child who is the subject of this adoption proceedings was found abandoned at infancy within Kitengela Township on 19th August 2013. The matter was reported at Kitengela Police Station and an entry made vide OB No. 7/20/8/2013. On 20th August, 2013 the child was admitted to Mahali Pa Maisha Children’s Centre, Kitengela for care and protection. On 25th October, 2013 the child was officially committed to the same Children’s Centre by the Resident Magistrate Children’s Court Naivasha, vide P&C Case No. 14/2013. A letter dated 26th February, 2014 from Kitengela Police Station confirms that the biological parents of the child were not traced nor did anyone come forward to claim the child.
The child was declared free for adoption on 21st May, 2014 by the Kenya Children’s Home Adoption Society vide certificate No. [particulars withheld]. He was released into the custody of the Applicants for mandatory foster care pending adoption on 9th October 2014. Since then he has been in the continuous custody and care of the Applicants. Prior to the hearing of the adoption application, Kenya Children’s Home, an adoption Society prepared and filed a report in court.
The Adoption Society, guardian ad litem and the Director of Children’s Services have all made home visits and established that the Applicants are financially and emotionally capable of providing for the up keep and education of the child. The Director of Children’s Services filed a report dated 25th February 2015 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicants, as opposed to living all his life in an institution. The guardian ad litem, M/s. L J K also filed a report that was favourable and recommended the adoption of the child by the Applicants.
The Danish Ministry of Social Affairs, Children and Integration, The Division of Family Affairs, National Social Appeals Board, Central Authority in Denmark, in accordance with the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption of May 29th 1993, confirmed that the above Applicants have been approved by the Danish authorities. According to a Communique from the said office dated 9th January, 2014, and annexed to the originating summons a Kenyan adoption would be recognised immediately in Denmark and the Danish Embassy in Nairobi will have authority to issue the child with a Danish passport upon presentation of the adoption order. The child will at the same time obtain Danish citizenship.
The proposed adoption also received local approval by the Kenya Children’s Home Adoption Society and by the Adoption Committee meeting held on 22nd July, 2014 vide approval certificate No. [particulars withheld] dated 19th August, 2014.
From the foregoing I am satisfied that all the legal requirements for an international adoption have been met, and consequently I will make the following orders:
That the Applicants, L S J and S S J, are hereby allowed to adopt Baby M A, who shall be hereinafter known as J A S J;
His date of birth shall be presumed to be 19th August, 2013.
He is presumed to have been born in Kenya and the place of birth shall be Kitengela Township.
That H G P and S G (sister and brother in law to the male Applicant) respectively are hereby as appointed the legal guardian of the child, should the Applicants die or become permanently incapacitated before the child attains the age of majority.
That the Registrar-General is directed to enter this adoption order in the Adoption Register;
That the child is presumed to be Kenyan by birth.
That the Director of Immigration is hereby authorised to issue the child with a Kenyan passport.
The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 17th day of April 2015.
…………………………………….
L. A. ACHODE
JUDGE