[2009] KEHC 1771 (KLR)

IN THE MATTER OF BABY T.B

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

M.R.VAN K AND H.G.S VAN K

JUDGMENT

The adoption cause is filed by two Applicants who are Dutch and German Nationals respectively and thus the cause shall be treated as an International Adoption as stipulated under Section 162 of the Children Act (No.8 of 2001).

The Applicants are born on 22nd December, 1965 and 6th July, 1968 respectively. They married under monogamous system of marriage on 4th June 1993. The relevant documents to support these facts are annexed to supporting Affidavit sworn on 5th May, 2007.

The two Applicants are approved by Kenyan authorities and Approval certificate dated 15th December, 2008 has been annexed to the Affidavit.

They have also successfully undertaken pre-adoption process required under the Laws of Netherlands and Minister of Justice of Netherlands has given permission to the couple to adopt a foreign child which is valid till 20th May, 2011. It was issued on 19th May, 2008.

The said permission carried certain conditions and as per the records, the Applicants seem to have fulfilled those conditions.

The said permission was granted after the Applicants went through the process of assessment and evaluation by the Child Care and Protection Board in Rotterdam. The report is annexed as Ann. (ii) which is very consultive and elaborate.

It describes the warm marital relation between the couple, their lifestyle and their social family and professional life. The 1st Applicant has connection and fondness with Africa as his father after working in Kenya, has developed a foundation and thus the male applicant travels frequently to Kenya. The reason for the adoption has been also evaluated. After the marriage for five years the couple was using contraceptives so that 2nd Applicant can settle in a new country and environment. The couple also had wish to have their own children but they failed to conceive and after a simple test which did not show any negative point, decided not to have any further medical treatment and explore the course of adoption without they having lost hope of conception. The couple is shown to enjoy warm social and family relation and are described as stable persons with patience and open mind to accept each other’s views, and having a child being their primary and joint wish. In short, they were recommended as fit persons to adopt a foreign child and to take sufficient care of him/her.

They both are educated persons. The male Applicant is an ICT Engineer and the female Applicant is a Psychotherapist. Their joint annual income is shown by certificates of employment, as around €.90,000. ABN-AMBRO Bank also has confirmed that the Applicants have been their satisfactory customers for about 15 years.

As against their above mentioned background, the child before me is shown to have been born on 8th February, 2007.

He was found to be abandoned and was brought to Kenyatta National Hospital on 14th February, 2007 accompanied by an officer Alice Njeri from Railway Police Station. A letter dated 13th March, 2007 from the said Hospital confirms the same. A letter dated 23rd April, 2007 from the Kenya Railway Police Station states that he was found unattended to in M R Estate near Landies Road and was brought to the Police Station by some good Samaritan from the hospital, he was taken to N.L Home on 4th April, 2007 when an order of his committal to the said Home, was issued by Children’s court Nairobi on 22nd June, 2007 vide P.&.C No.82 of 2007.

The above referred Police Station also wrote letter dated 5th September, 2007 bearing Ref. No.C/CRI/6/4/Vol.1/23 confirming that nobody has come forth to claim the child nor his parent(s) was/were found. Thereafter the child was placed in the Applicants’ custody vide Foster Care Agreement on 4th February, 2009. His medical records produced before the court reveal that he has no health problems.

He is declared free for adoption by L.A.N on 20th May, 2009 vide its certificate No.000427.

I have considered the reports from the Children Department through office of the Director of Children Services, those from the Adoption Society and guardian ad litem. They all concur in recommending the Adoption.

I also point out here that the Applicants have appointed one M. I Van d.K as child’s legal guardian, who shares same values in life and do live very close to them. The proposed guardian has two biological children. She holds Dutch Passport bearing [NY-] issued on 1st September, 2006 and valid upto 1st September, 2011.

[S.A], a licensed Adoption Agency in Kenya, are obligated and has agreed to send assessment reports to the Adoption Society for three years from the date of this judgment.

With the above facts before me, I find that the Applicants have satisfied the requirements of the Children Act and conditions of the Laws of Netherlands. It is also on record that the female Applicant has the Dutch permit which entitles her to work and reside in the Netherlands (vide Letter dated 9th September, 2009 from the Royal Netherlands Embassy).

I am also made aware that the Government of the Netherlands shall issue a Dutch passport to the child on issuance of Orders by the Court.

In short, I accord my satisfaction that the order of Adoption in favour of the Applicants herein shall be in the best interest of the child before me, and having satisfied as such, I order that:

The Applicants M.R Van K and H.G.S Van K are authorized to adopt Baby T.B who shall be known as J.T.B Van K whose Birth day shall be recorded as 8th February, 2007.

The holder of Dutch Passport No. [NY-]issued on 1st September, 2006 M.I be appointed as a legal guardian of the child.

S.A do conform to its undertaking of March, 2008 and send the reports to the Adoption Society i.e. L.A.N for a period of three years, from the date hereof.

The orders be entered in the Adoption Register kept by the Registrar General of Kenya.

Dated, Signedand Delivered at Nairobi, this 2nd day of October, 2009.

K.H. RAWAL

JUDGE

2. 10. 09