[2020] KEHC 6593 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The applicants were found to be financially, socially, and emotionally fit to adopt, and the child had bonded well with them. The biological parents had given valid consent to the adoption. The...
Source-derived case information.
- Citation
- [2020] KEHC 6593 (KLR)
- Parties
- Applicant: JK; Applicant: HW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 126 of 2001
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JK
Applicant
HW
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the biological parents' consent to the adoption is valid and sufficient.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The applicants were found to be financially, socially, and emotionally fit to adopt, and the child had bonded well with them. The biological parents had given valid consent to the adoption. The Director of Children Services and the guardian ad litem both recommended the adoption, confirming that it was in the best interests of the child. The court concluded that the adoption would provide the child with a stable, loving family environment and that the applicants would assume all parental rights and obligations. The adoption was therefore granted, with ancillary orders...
Court Disposition
adoption granted
Orders
- The applicants JK and HW are allowed to adopt child TK. alias TK.
- Child TK. alias TK. shall henceforth be known as NNK.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 126 OF 2019(OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF CHILD T.K. alias T.K.
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
JK............................................................................1ST APPLICANT
HW..........................................................................2ND APPLICANT
JUDGMENT
1. The applicants JK and HW are a couple aged 46 and 42, respectively. The 1st applicant is an accountant at [particulars withheld] while the 2nd applicant is a legal clerk at [particulars withheld]. They solemnized their marriage on 5th August 2006 vide marriage certificate number […]. They do not have a child. They filed this originating summons dated 13th September 2019 seeking to adopt child TK. alias TK.
2. Child T.K. alias T.K. was born on 16th November 2016 to YWN and JML. The two did not have the financial and emotional means to take care of the child. They approached the Child Welfare Society with the intention of offering the child for adoption and signed a consent by way of an affidavit on 13th January 2017. The child was committed to Mama Ngina Kenyatta Children’s Home on 14th June 2017 by Nairobi Children Court vide Protection and Care Cause No. 266/2017. The child was declared free for adoption by Kenya Children’s Home Adoption Society and placed with the applicants on 3rd July 2017 for foster care. He has lived with the applicants since.
3. On 14th November 2019 the court appointed HNN as the guardian ad litem and ordered her and the Director of Children Services to each investigate the suitability of the applicants to adopt the child and file a report with 45 days. The Director of Children Services filed a report recommending the adoption. It was found that the applicants were financially, socially and emotionally fit and able to bring up the child. The child had bonded well with them.
4. I consider that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their ability 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. The child’s parents consented to the adoption.
5. Having been satisfied that all the conditions for a local adoption under the Children Act have been met, I make the following orders:-
a) the applicants JK and HW are hereby allowed to adopt child TK. alias TK.;
b) Child TK. alias TK. shall henceforth be known as NNK;
c) the child’s date of birth shall be 16th November 2016, and shall be presumed to be Kenyan having been born to Kenyan parents in Kenya;
d) HNM is hereby appointed to be the child’s legal guardian in the event of 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; and
f) the guardian ad litem is hereby discharged.
DATED and DELIVERED electronically, following consent of the parties, at NAIROBI this 30TH day of APRIL 2020.
A.O. MUCHELULE
JUDGE