[2009] KEHC 577 (KLR)
The court found that the applicants, who are American citizens resident in Kenya, had satisfied all statutory requirements for adoption under the Children Act. The biological mother had given valid consent to the adoption, and all reports from the guardian ad litem, Adoption Society, and Director of Children...
Source-derived case information.
- Citation
- [2009] KEHC 577 (KLR)
- Parties
- Applicant: D.L.G; Applicant: S.K.G; Respondent: J.W.N; Respondent: G.N.W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 75 of 2008
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Consent of Biological Parent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D.L.G
Applicant
S.K.G
Applicant
J.W.N
Respondent
G.N.W
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the consent of the biological mother is valid and sufficient for the adoption.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants, who are American citizens resident in Kenya, had satisfied all statutory requirements for adoption under the Children Act. The biological mother had given valid consent to the adoption, and all reports from the guardian ad litem, Adoption Society, and Director of Children Services recommended the adoption. The court determined that the adoption would be in the best interests of the child, particularly given her medical needs and the applicants' ability to provide for her. The court declined to order the issuance of a Hague compliance certificate, as the Adoption Committee was not a party to the proceedings and there was no legal obligation for such a...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the child currently identified as G.W, to be renamed G.W.G.
- The Registrar General is directed to make the appropriate entries on this adoption in the Adopted Children Register.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 75 of 2008
IN THE MATTER OF THE CHILDREN ACT (CHAPTER 586 OF THE LAWS OF KENYA)
AND
IN THE MATTER OF G.W (CHILD)
J U D G M E N T
Before me is an Originating Summons dated 30th June, 2008. It was filed under sections 154, 156, 157 and 158 of the Children Act. The prayers now pending are 3, 4, 5 & 6 of the Originating Summons, as follows-
1. (spent)
2. (spent)
3. The applicants be authorized to adopt the child currently identified and known asG.W.
4. The child be renamedG.W.G.
5. The Registrar General makes the appropriate entry in the Adopted Children Register.
6. This court do issue further orders as are in the interests of justice.
The application was filed by M/s Ramitta & Company advocates for the applicants D.L.GandS.K.G.
The applicants are American Citizens who are resident and working in Kenya. They are and working in Kenya. They are married and have biological children and an adopted child. This is therefore a second child whom they want to adopt.
The child is a girl child. The mother J.W.N is married to one G.N.W.However, the child was born in a previous relationship between the mother and another person. The mother and step father are casual labourers, who earn appropriately Kshs.300/= per day when work is available. The biological mother gave consent to the adoption of the child whosuffers from a skin medical condition that requires treatment. She does not have the financial means to provide the treatment for the skin condition.
Documents and reports were filed. I also received oral submissions from counsel for the applicants, the guardian ad litem, the representative of the Adoption Society, and the representative of the Director of Children Services. They all recommend the adoption.
The applicants have satisfied the requirements in Kenya for adoption by the applicants who are resident in Kenya. There is consent of the biological mother to the adoption.
All the reports filed recommend the adoption. In my view the child is assured of citizenship rights. The adoption will be in the best interests of the child. Though the applicants counsel has asked in submissions that the Kenya Adoption Committee to issue a certificate advising that the Hague Rules have been complied with, I will not grant such an order. Firstly, the Adoption Committee is not a party these proceedings. Secondly, there is no legal obligation which I have been referred to which obliges the Adoption Society to issue such a certificate.
Consequently, and for the above reasons I order as follows-
1. The applicants be and are hereby authorized to
Adopt the child currently identified asG.Wto be renamedG.W.G.
2. I direct the Registrar General to make the
Appropriate entries on this adoption in the Adopted Children Registrar.
It is so ordered.
Dated and delivered at Nairobi this 27th day of November,
2009.
George Dulu
Judge.