[2018] KEHC 3054 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including obtaining the consent of the biological mother, undergoing suitability assessments, and providing evidence of their ability to care for the child. The reports from the Adoption Society, guardian ad litem, and...
Source-derived case information.
- Citation
- [2018] KEHC 3054 (KLR)
- Parties
- Applicant: D Y J; Applicant: S M M; Respondent: R G alias N alias T M Y
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 16 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Best Interests of Child, Consent of Biological Parent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D Y J
Applicant
S M M
Applicant
R G alias N alias T M Y
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological mother was validly given.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including obtaining the consent of the biological mother, undergoing suitability assessments, and providing evidence of their ability to care for the child. The reports from the Adoption Society, guardian ad litem, and Children’s Department were all favorable and recommended the adoption. The court observed that the child had bonded well with the applicants and that the adoption would serve the best interests of the child. Accordingly, the court allowed the adoption application, appointed the guardian ad litem as legal guardian in case of any eventuality, and directed the Registrar General to enter...
Court Disposition
adoption granted
Orders
- The applicants D Y J and S M M are allowed to adopt R G alias N alias T M Y.
- The child shall henceforth be known as T M Y.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
ADOPTION CAUSE NO.16 OF 2018
IN THE MATTER OF ADOPTON OF BABY R G alias N alias T M Y.........CHILD
AND
IN THE MATTER OF APPLICATION BY D Y J AND S M M..........APPLICANTS
J U D G M E N T
1. The applicants D Y Jand S M Mare a general manager and housewife respectively, a couple married in 2007. They have no biological children of their own. They have applied to this court to be allowed to adopt Baby R G alias N alias T M Y (the child). The child who is 1 year and 3 monthsold was born on 5th July, 2017 and was given up by the biological mother for adoption on 6th June, 2017.
2. Prior to the hearing of the adoption, Kenya Children’s Homes, an Adoption Society, prepared a report dated 15th May, 2018 which was filed in court on 27th September, 2018. . The Society also issued a certificate dated 18th October, 2017 declaring the child free for adoption. The guardian ad litemand the Children’s Department, Sub-County Children’s Office Kisumu District prepared reportswhich were filed in court on 27th September, 2018 and 8th October, 2018 respectively,in support of the adoption. The guardian ad litem, L N O also swore an affidavit on 6th July, 2018 in support of the adoption. The reports and the affidavits on record are favourable and recommend the proposed adoption.
3. I have evaluated the facts of this adoption. The Applicants, a couple, wish to adopt the female child. Applicants have no biological child. Various reports support the adoption and on that ground, the adoption is justified and is in the best interests of the child.
4. It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological mother of the child was given on 6th June, 2017. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Children Officers established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. The applicants have had custody of the child since 7th November, 2017 which is a period of 11 months. I saw the child in court and she appears to have bonded well with the applicants.
5. This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the application for adoption. The applicantsD Y Jand S M M are hereby allowed to adopt R G alias N alias T M Y(the child). The child shall henceforth be known asT M Y. The guardian ad litem, L N O shall be the legal guardian of the child should any eventuality arise.I direct the Registrar General to enter this order in the adoption register. It is so ordered.
DATED AND SIGNED AT KISUMU THIS 11thDAY OF October,2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicant - Present