[2011] KEHC 1472 (KLR)
The court found that the applicants had fulfilled all statutory requirements for international adoption under the Children Act, 2001. The applicants had obtained the necessary approvals from both Kenyan and Dutch authorities, demonstrated financial and moral suitability, and provided evidence of their inability to...
Source-derived case information.
- Citation
- [2011] KEHC 1472 (KLR)
- Parties
- Applicant: M.V.D.W; Applicant: M.M.V.D.W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 57 of 2011
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- I Lenaola
- Legal Topics
- International Adoption, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.V.D.W
Applicant
M.M.V.D.W
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for international adoption under the Children Act, 2001.
- 2 Whether granting the adoption is in the best interests of the minor, M.J.
- 3 Whether all procedural and statutory approvals for adoption have been obtained.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for international adoption under the Children Act, 2001. The applicants had obtained the necessary approvals from both Kenyan and Dutch authorities, demonstrated financial and moral suitability, and provided evidence of their inability to have biological children. The child, M.J, was abandoned at birth, and efforts to trace his parents had failed. The court was satisfied that the adoption would serve the best interests of the child, providing him with a stable and supportive family environment. Consequently, the court exercised its discretion under Section 162 of the Children Act to grant the adoption order,...
Court Disposition
adoption order granted
Orders
- M.V.D.W and M.M.V.D.W are authorized to adopt M.J, who shall henceforth be known as M.J Van Der W.
- The Registrar General is directed to enter this order in the Adoption Register.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.57 OF 2011
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY M.J a.k.a. MALE CHILD – MINOR
M.V.D..W.........................................................................................................1ST APPLICANT
M. M.V.D. W..................................................................................................2ND APPLICANT
J U D G M E N T
1. In the Originating Summons dated 23rd March 2011 the applicants seek orders under Sections 157 and 160 of the Children’s Act, No.8 of 2001 that inter-alia one, C.M be appointed guardian ad Litem and that the Director – Children’s Services do file a report (upon investigation) on the
Applicants’ suitability to adopt the child, M.J, before any adoption order can be made.
2. I note that a guardian ad Litem C.W.K was indeed appointed on 1st April 2011 by Kimaru J and the report by the Director of the Children’s Department in the Ministry of Gender, Children and Social Development was filed on 23rd may 2011. The only issue left for me to address at this point is whether the Applicants should be granted orders to adopt the child, M.J.
3. I have heard the submissions by Mr. Ogutu, advocate for the Applicants and I have had occasion to read the following documents;
(i)An Affidavit sworn on 23rd March 2011 by the Applicants, jointly.
(ii)A joint Statement of Facts dated 23rd March 2011 by the Applicants.
4. The contents of the two documents and the annextures to the supporting Affidavit can be summarized thus;
Firstly, that the Applicants were born on 13th August 1965 and 13th September 1974 respectively and are citizens of The Netherlands.
Secondly, that the Applicants do not have any biological children as the 2nd Applicant is unable to have children due to infertility.
Thirdly, that they are financially able to take care of the child and are physically and morally secure.
5. Apart from the above information, the Applicants have also added that the child was born on or around 31st May 2007 and his parents are unknown as he was abandoned soon after birth. Efforts to trace them have wholly failed.
6. The following bodies have also recommended the adoption;
(i)The Kenya National Adoption Committee by its letter dated 15th September 2010 and Certificate dated 29th September 2010.
(ii)The Stichting Africa (a Foreign Adoption Agency) by its undertaking dated May 2009.
(iii)Council for Child Welfare, at Arnhem by its Report dated 15th March 2010.
(iv)Little Angels Network by its Report dated 24th September 2010 and its Certificate no.[...] issued on the same day.
7. I note also that the applicants have exhibited their medical reports and financial statements as well as details of their professional engagements respectively.
8. With the above background in mind, I am satisfied that on the whole, the Applicants have met the criteria set for International Adoption and I also find that in the present case, the Applicants have specifically met the following conditions;
(i)They have received the requisite approvals from the relevant authorities in Kenya and The Netherlands.
(ii)The child was born on or around 8th June 2007 and is therefore a minor.
(iii)The child’s best interest would be served if the Applicants are granted care and custody of himas he was abandoned at St. Paul’s Chapel Nairobi and his parentage is unknown. The Applicants have undertaken to give him a quality life upon adoption.
9. In addition, I should only restate the law as regards the issue at hand before granting the orders sought. Section 162 of the Children’s Act clothes the court with discretion to make an International Adoption order if it is satisfied that the conditions set out therein have been met and I have said the Applicant herein has done so.
10. In the event, I will order as follows;
(i)M.Van.Der.W and M.m. Van Der W are authorized by this court to adopt M.J and the child shall henceforth be known as M.J Van Der W
(ii)The Registrar General is hereby directed to enter this order in the Adoption Register.
(iii)The guardian ad Litem is hereby discharged of any responsibilities over the child.
(iv)I shall make no order as to costs.
11. Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF AUGUST, 2011
I.LENAOLA
JUDGE