[2022] KEHC 11374 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, including the provision of necessary consents and demonstration of their suitability to adopt. The social inquiry reports confirmed their emotional, social, and financial stability, and the child had...
Source-derived case information.
- Citation
- [2022] KEHC 11374 (KLR)
- Parties
- Applicant: GMN; Applicant: FMM; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 187 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GMN
Applicant
FMM
Applicant
Director of Children Services
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 adoption is in the best interests of the child.
- 3 Whether all necessary consents for adoption have been properly obtained.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, including the provision of necessary consents and demonstration of their suitability to adopt. The social inquiry reports confirmed their emotional, social, and financial stability, and the child had bonded well with them. The court determined that the adoption was in the best interests of the child, who would benefit from a stable and loving family environment. The applicants were made aware of the finality of the adoption order and the rights and obligations it confers. Consequently, the court granted the adoption, changed the child’s name, appointed a legal guardian, and...
Court Disposition
adoption granted
Orders
- The applicants GMN and FMM are allowed to adopt Child BDS alias JBM.
- Child BDS alias JBM shall henceforth be known as JBM.
Full Case Text
Judgment text and source record
20 paragraphs
In re of Child BDS (Child) (Adoption Cause 187 of 2018) [2022] KEHC 11374 (KLR) (Family) (31 May 2022) (Judgment)
Neutral citation: [2022] KEHC 11374 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause 187 of 2018
AO Muchelule, J
May 31, 2022
In the matter of
GMN
1st Applicant
FMM
2nd Applicant
Judgment
1. The applicants GMN and FMM are a Kenyan couple aged 41 years and 36 years, respectively. The 1st applicant is an administrative officer with [Particulars Withheld] while the 2nd applicant is an Administration Police Officer. They solemnized their marriage on the December 15, 2012 at the St. Paul’s Catholic Chapel in Nairobi County. The couple does not have any biological children. On the December 18, 2018, they filed this originating summons seeking to adopt Child BDS alias JBM.
2. Child BDS alias JBM was born to MSM, a minor then, on the 10th November 2017 at Iguhu County Hospital. The child was as a result of an incestuous relationship between siblings. Upon offering the child up for adoption, the mother was taken through the process of adoption and a certificate of acknowledgement was signed. Consents for adoption were initially given by the siblings’ parents as both siblings were minors. The child was temporarily placed at Springs of Life Children’s Home. He was formally committed to the Home by the Kakamega Chief Magistrate’s Court in Protection and Care Case No. 8 of 2018 on the March 6, 2018. On April 18, 2018 the child was declared free for adoption and Certificate No. xxxx issued by the Kenya Children’s Home Adoption Society. The applicants have been with the child since July 13, 2018 when the child was placed with them for foster care.
3. On February 14, 2019 the court appointed Everlyn Mutunga as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed. Both recommended the applicants to be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with them.
4. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their capability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was born to them. They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. Consents by the biological parents have been sought and availed.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-a.the applicants GMN and FMM are hereby allowed to adopt Child BDS alias JBM.;b.Child BDS alias JBM shall henceforth be known as JBM;c.the child’s date of birth shall be November 10, 2017 and shall be presumed Kenyan citizen having been born at Iguhu County Hospital, Kakamega County in Kenya;d.TKM is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicants before he is of full age and fully self-reliant;e.the Registrar-General is directed to enter this adoption in the Adopted Children Register; andf.the guardian ad litem is hereby discharged.
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 31STDAY OF MAY, 2022. A.O. MUCHELULEJUDGE