[2012] KEHC 3620 (KLR)
The court found that the applicant, despite being a single female, is suited to adopt Master B.M.M. due to the special circumstances and the evident bond between them. The child, being over 14 years old, consented to the adoption, and the biological father, though known, had shown no interest and appeared to have...
Source-derived case information.
- Citation
- [2012] KEHC 3620 (KLR)
- Parties
- Applicant: Mrs. Njeri Onyango; Respondent: Biological father of B.M.M.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 136 of 2009
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Originating Summons allowed; adoption order granted.
- Legal Topics
- Adoption Orders, Consent of Child, Parental Responsibility, Single Parent Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrs. Njeri Onyango
Applicant
Biological father of B.M.M.
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant, a single female, is suited to adopt the child B.M.M. under the Children’s Act.
- 2 Whether the consent of the biological father is necessary for the adoption order.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, despite being a single female, is suited to adopt Master B.M.M. due to the special circumstances and the evident bond between them. The child, being over 14 years old, consented to the adoption, and the biological father, though known, had shown no interest and appeared to have disowned parental responsibility. The court held that the consent of the biological father was unnecessary in these circumstances. The adoption was deemed to be in the best interests of the child, and the applicant was granted sole custody, with the biological father not discharged from his parental responsibility. The court allowed the Originating Summons and ordered the...
Court Disposition
Originating Summons allowed; adoption order granted.
Orders
- The applicant is granted the adoption order for Master B.M.M.
- The Registrar of Persons is directed to make the requisite entries in the register recognizing the adoption.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE MATTER OF THE CHILDREN’S ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY B.M.M.
RULING
I have examined the child in this adoption cause Master B.M.M. who is over 14 years old. He is 16 years old and happy to be under the care and custody of the applicant. He understands fully why he is before court and consents to the adoption order being made in his case.
Having perused the reports filed by the Guardian Ad Litem on 24th February 2012and that of the Director of Children’s Services dated 6th June 2011, I am satisfied that the applicant is suited to adopt the child and that special circumstances do exist for her adopting him despite her being a single female. The happy bond between the applicant and the child is clearly evident and there is no doubt that the applicant continues to provide a happy home for Brian who is reported to recognize her as a mother and her only daughter as a sister. The applicants motive to adopt B.M.M. is noble and I am satisfied that the adoption is in the best interests of the teenage child, who has confirmed his consent to the same here in court. For this reason I deem the consent of the biological father who is known, but has not shown interest in the child, to be unnecessary, since, from the facts presented before court he appears to have disowned any claim to parental custody.
Accordingly the Originating Summons is allowed in terms of prayer 2 with an order that the Registrar of persons do make the requisite entries in the register in recognition of this adoption order.
Even as this court grants the applicant the right to the sole custody of the child, over and above any claim the biological father might have had, the father is not discharged from his parental responsibility towards Master B.M.M. Master B.M.M. and the applicant are still entitled to move the court for appropriate orders in that regard should they wish to do so at the appropriate time.
Orders accordingly.
Delivered in open court this 2nd day of March 2012.
M.G. MUGO
JUDGE
Mrs. Njeri Onyango for the applicants.