[2020] KEHC 10077 (KLR)
The court declined to issue final adoption orders due to the absence of formal consent from the biological mother and the lack of formal involvement or consent from the applicant's spouse, who is expected to play a significant role in the child's life, especially given the child's medical needs and the intention for...
Source-derived case information.
- Citation
- [2020] KEHC 10077 (KLR)
- Parties
- Applicant: JMD
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 153 of 2019
- Procedural Posture
- Adoption Cause / Interlocutory Ruling
- Outcome
- interlocutory orders issued; final adoption order deferred
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Consent of Biological Parent, International Adoption, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMD
Applicant
Procedural Posture
Adoption Cause / Interlocutory Ruling
Legal Issues
- 1 Whether the applicant has satisfied the legal requirements for adoption of the minor.
- 2 Whether the consent of the biological mother is necessary and has been properly obtained.
- 3 Whether the applicant's spouse should be a co-applicant given the circumstances of the case.
Ratio Decidendi
The court declined to issue final adoption orders due to the absence of formal consent from the biological mother and the lack of formal involvement or consent from the applicant's spouse, who is expected to play a significant role in the child's life, especially given the child's medical needs and the intention for the child to assume the spouse's name. The court emphasized that the consent and presence of the biological mother are crucial, and the applicant's spouse should clarify their position, preferably as a co-applicant. The court directed that both the applicant and her spouse appear before it and that the biological mother's consent be filed and her presence secured before...
Court Disposition
interlocutory orders issued; final adoption order deferred
Orders
- The applicant and her spouse are to appear before the court (virtually) on a date to be fixed.
- A consent of the biological mother must be filed and she must be present in court as well.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 153 OF 2019
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY CTN (MINOR)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
JMD.............................................(APPLICANT)
RULING
1. The Applicant herein JMD is a Kenyan by birth and currently resides in Norway with her Norwegian spouse.
2. With the support of her parents MNN and MNW she proposes to adopt her sister’s child baby CTN.
3. The minor is said to suffer from diabetes, has been in the physical care of her maternal grandmother who is ailing and aged. It is also said that the Applicant has since the birth of the minor herein provided financial assistance to the child and visits Kenya from time to time.
4. The Applicant claims further that the child is likely to receive more advanced medical care in Norway than Kenya although she is not categorical on her intentions to settle with the child in Norway.
5. The court is equally informed that the Applicant’s spouse has consented to the adoption, though no formal consent has been filed in court. Secondly no reason has been adduced why the Applicant’s spouse who lives with the Applicant is not a proposed Co-Applicant taking into account the child’s medical condition and the fact that the child is proposed to assume the Applicant’s spouse’s name.
6. There is no consent filed directly to the court by the minor’s biological mother, not much is said of her either. Her consent and involvement are crucial.
7. Consequently, for now the court is inclined not to issue final orders and direct as follows:
a. That the Applicant and her spouse do appear before court (virtually) on a date to be fixed.
b. A consent of the biological mother be filed and she be present in court as well.
SIGNED DATEDandDELIVEREDin open court this 17th day of SEPTEMBER, 2020.
……………….
ALI-ARONI
JUDGE