[2025] KEHC 9158 (KLR)
The court found that all statutory requirements for adoption had been met, including the filing of the necessary consents from the surrogate mother and her husband, the positive report from the Children’s Services Department, and the support of the guardian ad litem and legal guardian. The court was satisfied that...
Source-derived case information.
- Citation
- [2025] KEHC 9158 (KLR)
- Parties
- Applicant: RWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E073 of 2025
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed; adoption granted as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Surrogacy Arrangements, Parental Consent, Citizenship of Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorised to adopt the minor GNN.
- 2 Whether the necessary consents for adoption, including from the surrogate mother and her husband, have been validly obtained.
- 3 Whether the child should be presumed a Kenyan citizen by birth and issued with a new birth certificate and passport.
Ratio Decidendi
The court found that all statutory requirements for adoption had been met, including the filing of the necessary consents from the surrogate mother and her husband, the positive report from the Children’s Services Department, and the support of the guardian ad litem and legal guardian. The court was satisfied that the adoption was in the best interests of the minor, who was born as a result of a surrogacy arrangement. The applicant, being Kenyan, was entitled to have the child presumed a Kenyan citizen by birth. The court therefore granted all prayers sought in the Originating Summons, including authorising the adoption, directing the issuance of a new birth certificate and passport, and...
Court Disposition
Originating Summons allowed; adoption granted as prayed.
Orders
- The applicant is authorised to adopt the child known as GNN.
- Upon adoption, the child shall be known as GNW.
Full Case Text
Judgment text and source record
21 paragraphs
In re GNN (Minor) (Adoption Cause E073 of 2025) [2025] KEHC 9158 (KLR) (Family) (30 June 2025) (Judgment)
Neutral citation: [2025] KEHC 9158 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E073 of 2025
HK Chemitei, J
June 30, 2025
IN THE MATTER OF GNN (MINOR)
In the matter of
RWN
Applicant
Judgment
1. In her Originating Summons dated 18th March 2025 the Applicant prays for orders that:-(a)The Applicant be authorised to adopt the child known as GNN.(b)Upon adoption the child shall be known as GNW.(c)The Director of Immigration be authorised to issue the child with a Kenyan passport.(d)The Registrar General to make the relevant entry in the Adopted Children’s Register.(e)The child be presumed to be a Kenyan citizen by birth.(f)The Registrar of Birth and Deaths to issue a new birth certificate to the minor removing the names SNN and FMN and replacing with RWN as the mother to the child.
2. The application is supported by the statement and the annexed affidavit of the Applicant.
3. The court directed the Children’s Services Department to prepare a report which was filed in this court and dated 28 May 2025. The court has perused the same which clearly states that the minor was born as a result of surrogacy procedure. The surrogate mother and her husband granted their consent.
4. There is sufficient paper trail on record including the necessary consents by the relevant entities like the Adoption Society as well as the police department.
5. The Applicant, the minor, the surrogate parents as well as the representatives from the Children’s Services and also the guardian ad litem and the legal guardian appeared online and the court was able to see and interview them. They all appreciated their respective roles.
6. In the premises the court hereby allows the Originating Summons as prayed.
7. Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 30TH DAY OF JUNE 2025. H K CHEMITEIJUDGE