[2014] KEHC 5856 (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 had been thoroughly vetted by both Kenyan and Danish authorities, with all reports indicating their...
Source-derived case information.
- Citation
- [2014] KEHC 5856 (KLR)
- Parties
- Applicant: H P H; Applicant: E H F; Respondent: Baby B C alias A I [minor]
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 297 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- International Adoption, Child Abandonment, Parental Rights, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
H P H
Applicant
E H F
Applicant
Baby B C alias A I [minor]
Respondent
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 status.
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 had been thoroughly vetted by both Kenyan and Danish authorities, with all reports indicating their suitability to adopt. The adoption was determined to be in the best interests of the child, providing him with a stable family environment and legal recognition in both Kenya and Denmark. The court also noted that the child would acquire Danish citizenship and that the adoption would be recognized in Denmark. The applicants were made aware of the finality of the adoption order and...
Court Disposition
Adoption granted.
Orders
- The applicants, H P H and E H F, are allowed to adopt the child, Baby B C alias A I [minor], who shall be known as F L A F [minor].
- M S H and L S are appointed legal guardians of the child should misfortune befall the applicants.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 297 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY B C alias A I[minor],
JUDGEMENT
The applicants, H P H and E H F, are of Danish origin. The contracted marriage under Danish law and reside in Denmark. They have brought an Originating Summons dated 3rd December 2013 seeking permission to adopt Baby B C alias A I [minor],.
Baby B C alias A I [minor], the subject of these adoption proceedings, was found abandoned at hospital nursery ward at the Nakuru Provincial General Hospital on 13th July 2012. A report was made at the Nakuru Police Station. He was committed by the children’s court to the Haven of Hope Baby Centre at Nakuru. It is from here that he was placed with the applicants on 2nd September 2013, after the police were unable to trace his parents or relatives. The records at the Nakuru Provincial General Hospital indicate that he was born on 26th June 2012.
There is sufficient documentation which supports this background prepared by and filed in court by the Kenya Children’s Homes adoption society dated 14th January 2014 and filed in court on the same date. Kenya Children’s Homes adoption society freed the child for adoption by their certificate dated 17th April 2013.
To facilitate the adoption the applicant has been assessed by the guardian ad litem, Be A O, and the Director of Children’s Services. The two have compiled and filed their reports in court dated 10th February 2014 and 7th January 2014, respectively. There is also an international adoption home study report by the State Administration for Greater Copenhagen, Denmark, dated 24th January 2013.
All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with the applicants and considers them to be his parents. I note that the applicants have a biological child of their own.
This proposed adoption has been approved by the State Administration for Greater Copenhagen. The decision of the Joint Adoption Council is dated 8th January 2013. According to the Ankestyrelsen document dated January 2013, it is stated that a Kenyan adoption would be recognised immediately in Denmark and that the Danish Embassy in Nairobi will be authorised by the Danish authorities to issue the child with a Danish passport upon presentation of the adoption order. The child would at the same time obtain Danish citizenship.
The proposed adoption has also received local approval through the National Adoption Committee of Kenya, which has issued a certificate dated 13th June 2013.
In the opinion of this court it would be in the interests of the child that the child 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 an international adoption have been met, and consequently I will make the following orders:
That the applicants, H P H and E H F, are hereby allowed to adopt the child, Baby B C alias A I [minor], who shall be hereafter known as F L A F[minor],;
That M S H and L S are hereby appointed the legal guardians of the child should misfortune befall the applicants;
That the Registrar-General is directed to enter this adoption order in the adoption register;
That as the child was found abandoned at a hospital in Nakuru within Kenya and he shall be presumed to be Kenyan by birth by virtue of the provisions of the Kenya Citizenship and Immigration Act; and
That he guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 8th DAY OF April, 2014.
W MUSYOKA
JUDGE
In the presence of Mr. Mwenda advocate for the applicants.