[2016] KEHC 7371 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act, including obtaining the necessary consents from the biological mother, favourable reports from the adoption society, Director of Children Services, and guardian ad litem. The applicants demonstrated...
Source-derived case information.
- Citation
- [2016] KEHC 7371 (KLR)
- Parties
- Applicant: R M J O; Applicant: L O; Respondent: Baby J (to be known as K F)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 115 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R M J O
Applicant
L O
Applicant
Baby J (to be known as K F)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all necessary consents and reports have been properly obtained.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act, including obtaining the necessary consents from the biological mother, favourable reports from the adoption society, Director of Children Services, and guardian ad litem. The applicants demonstrated the capacity to provide for the child.s welfare, and the child had bonded with them. The court determined that the adoption was in the best interests of the child, who would benefit from a stable family environment and acquire all rights of a biological child, including inheritance. The adoption order was therefore granted, with the applicants assuming all parental rights and...
Court Disposition
adoption granted
Orders
- The applicants, R M J O and L O, are allowed to adopt the child, Baby J, who shall be known as K F.
- J O is appointed the legal guardian of the child in the event of the untoward happening to the applicants.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 115 OF 2014 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY J
JUDGEMENT
R M J O and L O is a married Kenyan couple. They seek to adopt a male child, known for the purposes of these proceedings as Baby J. They have moved the court by their Originating Summons is dated 28th April 2014.
Baby J was born on 20th July 2013 at the Pumwani Maternity Hospital to a mother known as I A A. The birth mother gave him up for adoption. She approached the Kenya Children’s Home adoption society and expressed her intention to offer the child for adoption. She was offered the requisite counselling before she signed the requisite consent papers. The child was admitted to the T B House for care and protection. He was committed to the home formally by the Nairobi Children’s Court. He was declared free for adoption by the Kenya Children’s Home adoption society on 12th September 2013, who thereafter issued a certificate of even date to that effect. He was placed with the applicants on 31st October 2013.
To facilitate this adoption, the applicant has been assessed by the Kenya Children’s Home adoption society, the Director of Children Services, and the guardian ad litem, B D A M. They have compiled and filed their reports in court - the Kenya Children’s Home adoption society’s report is dated 29th May 2014, while that of the Director of Children’s Services is dated 17th July 2015. The guardian ad litem’s report is dated 20th November 2014, and was filed in court on 6th October 2014. All these reports are favourable and recommend the proposed adoption.
The applicants have filed documents that demonstrate that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with them and he considers them to be his parents.
In the opinion of this court it would be in the best interests of the child that he is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met. The court allows the applicants application to adopt the child. The applicants, R M J O and L O, are hereby allowed to adopt the child, Baby J. He shall hereafter be known as K F. J O is hereby appointed the legal guardian of the child in the event of the untoward happening to the applicants. As the child was born to a known Kenyan mother, he is hereby declared Kenyan by birth. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 29TH DAY OFJANUARY, 2016
W. MUSYOKA
JUDGE