[2009] KEHC 3069 (KLR)
The court found that the applicants had complied with the statutory requirements for adoption under Kenyan law, including positive home studies and recommendations from relevant authorities. The child, Baby D N alias Z N, had been declared free for adoption and had integrated well into the applicants' family. The...
Source-derived case information.
- Citation
- [2009] KEHC 3069 (KLR)
- Parties
- Applicant: R A W; Applicant: D M W; Respondent: Baby D N alias Z N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 137 of 2008
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- adoption granted
- Judges
- DA Onyancha
- Legal Topics
- Adoption Procedure, Best Interests of Child, International Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R A W
Applicant
D M W
Applicant
Baby D N alias Z N
Respondent
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests and welfare of Baby D N alias Z N.
- 3 Whether the adoption should be recognized for purposes of United States citizenship.
Ratio Decidendi
The court found that the applicants had complied with the statutory requirements for adoption under Kenyan law, including positive home studies and recommendations from relevant authorities. The child, Baby D N alias Z N, had been declared free for adoption and had integrated well into the applicants' family. The court determined that granting the adoption was in the best interests and welfare of the child, providing her with a secure and loving home. The court also noted the willingness of the United States to recognize the adoption, which would further secure the child's future. Accordingly, the application for adoption was granted, and the necessary orders were issued to formalize the...
Court Disposition
adoption granted
Orders
- R A W and D M W are authorized to adopt Baby D N alias Z N, whose future name will be C M Z W.
- The Registrar-General shall enter this adoption in the Adoption Register.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE MATTER OF THE CHILDRENS ACT
AND
IN THE MATTER OF BABY D N alias Z N
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
R A W and D M W
J U D G M E N T
The applicants of this adoption application are R A W and his wife D M W both citizens of the United States of America. The two have lived and worked in Kenya for the past eight years. They intend to continue working and residing in Kenya. The husband is about 35 years old while his wife is about 41 years old.
The applicants earn about Ksh.160,000/- a month. Their accommodation and other living requirement are made by their employer.
The Government of the United States has shown willingness to recognize the intended adoption and the United States legal framework shows that any child below 16 adopted by a citizen of the United States will be entitled to apply for United States residence and later citizenship.
There is a back-home study of the applicants by Carolina Adoption Services annexed to these proceedings – annexture “u” and Kenya Study and report by the Little Angels Network confirming not only the suitability of the applicants to adopt Baby D N but showing the child has fitted in the applicant’s family with their natural children. Other reports recommending adoption came from the Director of Children Services and from the Guardian ad litem.
I have examined the factors recommended by the National Adoption Committee to be complied with. I am satisfied that the applicants have complied with almost all of them.
The reports filed in support of this application concentrate in what would be and is the best interest and welfare of Baby D N who was declared free for adoption by the Little Angels Network on 16th May, 2007. She had been freed and delivered to the Applicants for foster are and the child still lives with them. She is happy and enjoys the company of the applicant’s natural children.
I have considered this case. I am satisfied that the child in her best interest should be adopted by the applicants. In that way Baby D N alias Z N, will remain having a secure home and care, living with and brought up by the people who are about her welfare and being loved by the people who care. Tearing her away form the applicants will be exposing her to the cruel world. In the circumstances, the best thing would be to grant this application by the following orders: -
ORDERS
1. R A W and D M W are hereby authorized to forthwith adopt Baby D N alias Z N who future name will now be C M Z W.
2. The Registrar-General shall enter this adoption in his Adoption Register.
3. The Principal Immigration Officer, will when the time comes, assist the applicants to travel out of the Republic of Kenya.
Dated and delivered at Nairobi on 19th day of June, 2009.
……………………………..
D A ONYANCHA
JUDGE