[2004] KEHC 2483 (KLR)
The court found that the applicants, having been thoroughly evaluated and declared fit by both local and foreign authorities, met the legal requirements for adoption. In the case of the abandoned child, the court dispensed with parental consent as the parents were unknown. For the other child, the mother’s consent...
Source-derived case information.
- Citation
- [2004] KEHC 2483 (KLR)
- Parties
- Applicant: RBM; Applicant: Reinhilde (Rein) Adons
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 3 of 2004
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Applications for adoption allowed.
- Legal Topics
- Adoption of Children, International Adoption, Parental Consent, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RBM
Applicant
Reinhilde (Rein) Adons
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants are fit and proper persons to adopt the children.
- 2 Whether the consent of the biological parents is required or can be dispensed with.
- 3 Whether the adoption is in the best interests of the children.
Ratio Decidendi
The court found that the applicants, having been thoroughly evaluated and declared fit by both local and foreign authorities, met the legal requirements for adoption. In the case of the abandoned child, the court dispensed with parental consent as the parents were unknown. For the other child, the mother’s consent was duly filed. The court was satisfied that the adoption would serve the best interests of both children, including their welfare and future citizenship. The court therefore authorized the adoption and made consequential orders regarding guardianship and registration.
Court Disposition
Applications for adoption allowed.
Orders
- RBM and Reinhilde (Rein) Adons are authorized to adopt baby PM (to be known as COC) and baby MK (to be known as AKC).
- Ms Annemieke Adons is appointed legal guardian of the children until they attain the age of 18 years or until further orders of the court.
Full Case Text
Judgment text and source record
10 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA ADOPTION CAUSE NO. 3 OF 200
IN THE MATTER OF BABY PM- THE INFANT A N D
IN THE MATTER OF RBM & REINHILDE
(REIN) ADONS - THE APPLICANTS
R U L I N G
The Applicants are husband and wife Belgian citizens aged 46 and 33 years respectively. Due to medical reasons they are unable to have children of their own and have decided to adopt the infants in this cause. The child PMwas born in Kisumu but abandoned. His parents are not known and there is therefore nobody to give consent. The same is hereby dispensed with. Baby MK was born in Vihiga. The parents were close relatives and the child was according to their custom a taboo child and she was given up for adoption. The mother’s consent has been filed. The applicants have been evaluated both in their country and locally and reports have been filed declaring them fit to adopt the children. The Belgian Embassy has confirmed that once the adoption orders are made the children will become Belgian citizens.
Having read the applications together with the supporting affidavits and statements as well as the reports and other supporting documents annexed thereto, I am satisfied that the Applicants are fit to adopt the children. Accordingly I allow the applications and order that RBM and RRA are hereby authorized to adopt baby PMI to be known as COCand baby MKto be known as AKC.
Ms ANNEMIEKE ADONSof [PARTICULARS WITHHELD], Belgium is hereby appointed the legal guardian of the children until they attain the age of 18 years or until further orders of this court. I direct that the Registrar General shall make an entry in the Adopted Children’s Register in respect of these adoptions. I also direct that the Registrar of Births, on registering the births of these children, do note against their names that they are adopted.
DATED this 17th day of March 2004.
D.K. Maraga Ag. JUDGE