[2005] KEHC 963 (KLR)
The court found that the Applicants fulfilled all statutory requirements for adoption under the Children Act 2001. The child was abandoned, and all reasonable efforts to trace her biological parents were unsuccessful, justifying the dispensation of parental consent. The Applicants demonstrated suitability and...
Source-derived case information.
- Citation
- [2005] KEHC 963 (KLR)
- Parties
- Applicant: F.N.M.; Applicant: D.T.M.; Respondent: SB (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 61 of 2005
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Legal Topics
- Adoption of Minors, Best Interests of Child, Parental Consent Dispensed, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
F.N.M.
Applicant
D.T.M.
Applicant
SB (minor)
Respondent
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 consent of the natural parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the Applicants fulfilled all statutory requirements for adoption under the Children Act 2001. The child was abandoned, and all reasonable efforts to trace her biological parents were unsuccessful, justifying the dispensation of parental consent. The Applicants demonstrated suitability and commitment to the child’s welfare, and the Director of Children’s Services recommended the adoption. The court determined that granting the adoption order would serve the best interests of the child, providing her with a stable family environment and full rights as a child of the Applicants.
Court Disposition
adoption order granted
Orders
- The Applicants, F.N.M. and D.T.M., are authorized to adopt baby SB, who shall henceforth be known as W.M.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 61 OF 2005
SB……………………………………………………………..MINOR
AND
FNM………………..…………………………….…..1ST APPLICANT
DTM……………….….………………………….……2ND APPLIANT
JUDGMENT
The Joint Applicants in this Adoption Cause are married to each other and they have been so married in a monogamous union since 2nd September 2000.
The child they have sought to adopt is a Female child who was born on 13th July 2004.
The child was found abandoned in Kitengela area on 13th August 2004 by a Good Samaritan who reported the matter of abandonment at Kitengela Police Station. It is the police who took the child to Thomas Barnardo Home where she was committed through the Children’s Court orders issued on 6th December, 2004 for care and protection. The child was eventually placed with the Applicants for fostering on 17th January 2005.
According to the report and the Certificate from the child Welfare Society , the contacts for the contents of the natural parents or relatives of the child could not be obtained and all efforts to trace them were not fruitful. According the consents of the natural parents are hereby dispensed with. The child was duly declared free for adoption. She has already bonded very well with the Applicants and has been accepted by not only the Applicants but their larger family.
The suitability of the Applicants as adoptive parents was assessed and according to the report by the Director of Children’s Services who carried out a home study, the Applicants have no biological children of their own although no medical condition can be attributed to this state. Thus they are desirous of having a child they can call their own, they were inspired by a request made in their church for couples to consider adoption of the many homeless children.
They have given adequate consideration to the issue of adoption. Both Applicants are Christians they are well adjusted members of their communities and they fully understand the consequences of an order of adoption, that it will among other things be place upon the permanent responsibility of bringing up the child including the fact that the child shall have full rights of inheritance.
The report by the Director by the Children’s Services recommends this adoption as it will promote the best interest of the child. I have carefully considered all the reports as well as the statements by the Applicants. I am satisfied that the Applicants have fulfilled all the conditions especially those set out under Part XII of the Children Act 2001. I am satisfied that the adoption order will promote the best interest of the child.
The order shall afford the child an opportunity to grow up in a family under the careful and loving guidance of the Applicants. She will also be entitled to a home and a family she can call her own a better option than the name of abandoned children.
Accordingly, I hereby allow the order sought and the Applicants herein, F.N.M. and D.T.M. are hereby allowed to adopt baby SB who will henceforth be known as W.M. It is so ordered.
Judgment read and signed on 25th November 2005.
MARTHA KOOME
JUDGE