[2013] KEHC 6264 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned, declared free for adoption, and had bonded with the applicants, who demonstrated the capacity to provide for her welfare. The reports from the adoption agency, guardian ad...
Source-derived case information.
- Citation
- [2013] KEHC 6264 (KLR)
- Parties
- Applicant: P M M; Applicant: S M M; Respondent: Baby M (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 168 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption of Children, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
P M M
Applicant
S M M
Applicant
Baby M (minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned, declared free for adoption, and had bonded with the applicants, who demonstrated the capacity to provide for her welfare. The reports from the adoption agency, guardian ad litem, and Director of Children Services were all favourable. The court concluded that adoption by the applicants was in the best interests of the child, and that the applicants would assume all parental rights and duties. The adoption order would be final and binding, and the child would have the right to inherit from the applicants.
Court Disposition
Adoption granted.
Orders
- The applicants, P M M and S M M, are allowed to adopt the child, Baby M (minor).
- The child shall hereafter be known as P M M M.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 168 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY M (MINOR)
JUDGEMENT
The applicants, P M M and S M M, are Kenyan citizens. They are a married couple. Their Originating Summons is dated 10th August 2012, in which they seek, among other orders, to adopt a female child, Baby M (minor).
Baby M (minor), the subject of these adoption proceedings is an abandoned child. She was abandoned in (withheld), Nairobi, at the house of H M, on 8th September 2010, and a report was made at the Kamukunji Police Station. She was admitted to an institution, the Missionaries of Charity Children Home, to which she was later to be committed by the Children’s Court. She was placed with the applicants on 10th September 2011 and has been with them to date. The parents of the child have never been traced. Consequently, she was freed for adoption by the Little Angels Network adoption agency by their certificate of 7th September 2011.
To facilitate this adoption, the applicants have been assessed by the Little Angels Network, the guardian ad litem, P S L, and the Director of Children Services. Three have compiled and filed their reports in court, dated 27th July 2011, 14th December 2012 and 25th February 2013. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with them and she considers them to be her parents.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met. I will allow the applicants’ application to adopt the child. The applicants, P M M and S M M, are hereby allowed to adopt the child, Baby M (minor). She shall hereafter be known as P M M M. D N M is hereby appointed legal guardian of the child in the event something happens to the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 28th DAY OF June, 2013.
W.M. Musyoka
Judge