[2013] KEHC 2215 (KLR)
The court found that the applicants satisfied all statutory and procedural requirements for adoption under Kenyan law and the Hague Convention. The child, having been abandoned and with no known parents, was legally available for adoption. The applicants underwent thorough assessment by Kenyan and Swedish...
Source-derived case information.
- Citation
- [2013] KEHC 2215 (KLR)
- Parties
- Applicant: L C W; Applicant: A S M W; Respondent: Baby L [minor]
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 114 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- International Adoption, Child Abandonment, Parental Rights, Citizenship by Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L C W
Applicant
A S M W
Applicant
Baby L [minor]
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law and the Hague Convention.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is eligible for adoption given his abandonment and unknown parentage.
Ratio Decidendi
The court found that the applicants satisfied all statutory and procedural requirements for adoption under Kenyan law and the Hague Convention. The child, having been abandoned and with no known parents, was legally available for adoption. The applicants underwent thorough assessment by Kenyan and Swedish authorities, all of whom recommended the adoption. The adoption was also approved by the relevant Swedish and Kenyan bodies, ensuring compliance with both jurisdictions. The court determined that the adoption was in the best interests of the child, who had bonded with the applicants and would benefit from a stable family environment. The adoption would also confer Swedish citizenship on...
Court Disposition
adoption granted
Orders
- The applicants, L C W and A S M W, are allowed to adopt Baby L [minor], who shall be known as L A W [minor].
- T C A O and L M U M are appointed legal guardians should misfortune befall the applicants.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 114 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY L [MINOR]
JUDGEMENT
The applicants, L C W and A S M W, are a married couple of Swedish nationality, respectively. They have brought an Originating Summons dated 20th May 2013 seeking permission to adopt Baby L [minor].
Baby L [minor], the subject of these adoption proceedings, is an abandoned male child. His date of birth is unknown but is estimated to be 23rd October 2011. He was born of parents who are not known. He was found abandoned, shortly after birth as the umbilical cord was still intact, at [particulars withheld] Estate, Nairobi, on 23rd October 2011. A report was made at the Villa Franca Police Post and efforts to trace the parents were not fruitful. The Children’s Court later committed him to the Thomas Barnados Children’s Home, from where he was placed with the applicants on 19th February 2013. There is sufficient documentation which supports this prepared by and filed in court on 24th May 2013 by the Kenya Children’s Home Adoption Society dated 10th July 2012. The Kenya Children’s Home Adoption Society freed the child for adoption by their certificate dated 5th September 2012.
To facilitate the adoption the applicant has been assessed by the Kenya Children’s Home Adoption Society, the guardian ad litem, Beatrice Atieno Oriedi, and the Director of Children’s Services. These three have compiled and filed their reports in court dated 24h May 2013, 25th June 2013 and 1st July 2013, respectively. There is also an international adoption home study report by the Swedish National Board of Health and Welfare in Sweden dated 28th August 2012. 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.
This proposed adoption has been approved by the Social Welfare Committee of the Lerums Commune in accordance with the Swedish law. The certificate of consent is dated 6th December 2012. According to the Swedish Intercountry Adoptions Authority document dated 27th November 2008 an adoption, such as this which is done in conformity with the 1993 Hague Convention, is recognised by the Swedish law and a child so adopted acquires Swedish citizenship automatically. This is confirmed by the Act on Swedish Citizenship adoption of an alien child by a Swedish citizen shall entitle the child to automatic Swedish citizenship. The proposed adoption has also received local approval through the National Adoption Committee of Kenya; a letter of approval is attached dated 10th December 2012.
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 have been met. The court allows the applicants’ application to adopt the child. The applicants, L C W and A S M W, are hereby allowed to adopt the child, Baby L [minor], who shall be hereafter known as L A W [minor]. T C A O and L M U M of [particulars withheld], Sweden are hereby appointed the legal guardians of the child should misfortune befall the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged. As the child was found with the Kenyan borders this court declares that he shall be presumed to be Kenya by birth and that he was born on 9th September 2011.
DATED, SIGNED and DELIVERED at NAIROBI this 26th DAY OF September, 2013.
W.M. MUSYOKA
JUDGE