[2016] KEHC 6078 (KLR)
The court found that the adoption order from the District Court of Pune, India, was made by a court of competent jurisdiction and is valid. Kenyan law recognizes foreign adoption orders from reciprocating jurisdictions, and such orders have the same effect as domestic adoption orders. The applicants proved their...
Source-derived case information.
- Citation
- [2016] KEHC 6078 (KLR)
- Parties
- Applicant: N A D
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application granted. Foreign adoption order recognized and adopted. Applicants may apply for child’s Kenyan citizenship and passport.
- Legal Topics
- International Adoption, Recognition of Foreign Judgments, Citizenship of Adopted Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N A D
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the foreign adoption order from the District Court of Pune, India should be recognized and adopted as an order of the Kenyan court.
- 2 Whether the adopted child is entitled to Kenyan citizenship and a Kenyan passport upon application by the adoptive parents.
Ratio Decidendi
The court found that the adoption order from the District Court of Pune, India, was made by a court of competent jurisdiction and is valid. Kenyan law recognizes foreign adoption orders from reciprocating jurisdictions, and such orders have the same effect as domestic adoption orders. The applicants proved their Kenyan citizenship and provided all necessary documentation. Therefore, the foreign adoption order is adopted as an order of the Kenyan court, and the adopted child is entitled to apply for Kenyan citizenship and a Kenyan passport.
Court Disposition
Application granted. Foreign adoption order recognized and adopted. Applicants may apply for child’s Kenyan citizenship and passport.
Orders
- The court order of 23rd March 2011 from District Court of Pune, India is adopted as an order of this court.
- The child with the new name is granted a Kenyan passport.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. ADOPTION CAUSE NO. 3 OF 2016
N A D……………………………………. 2ND APPLICANT
RULING
The Court Order by Honorable RM Joshi made in the District Court at Pune in the Republic of India lodged in this Court is adopted as an order of this Honorable Court.
The Child with the new name is granted a Kenyan Passport.
The child was adopted by the Applicants as evidenced by the Court Order of the Honorable R.M. Joshi, In Miscellaneous Application 37 of 2011 in the District Court of Pune, India. There is also attached a No Objection Certificate from the Central Adoption Resource Authority within the Ministry of Women & Child Development in the Government of India dated 1st December 2010 confirming the Applicants as adoptive parents of the Child V born on 2nd September, 2009 in the State of Maharashtra.
The Applicants attached their Kenyan citizenship certificates issued 1995 and 2004 respectively, copies of their Identity cards and a copy of the child’s dependent’s pass.
‘’Subject to this Section a judgment of a designated court shall be recognized in any court in Kenya as conclusive between the parties thereto as to the matter adjudicated upon in all proceedings’’
‘’Where a person has been adopted (whether before or after the commencement of this act) in any place and the adoption is one to which this Section applies then for the purpose of this Act and all other written Laws the Adoption shall have the same effect as an adoption order validly made under this act and shall have no other effect.
Subsection (1) shall apply to an adoption in any place outside Kenya if the adoption order was made by any court of law in the Common wealth and any court of competent jurisdiction in any other country.’’
‘’ A child who is not a Kenyan citizen, but is adopted by a citizen, is entitled on application in the prescribed manner by the adopting parent or legal guardian to be registered as a citizen upon-
(b) the production of a valid adoption certificate issued in a reciprocating state or other jurisdiction whose orders, decrees are recognized in Kenya;
COURT ORDERS
The Court order of 23rd March 2011 from District Court of Pune, India is a valid order of the Court and from a Court with competent jurisdiction.
The Court Order of 23rd March 2011 is hereby adopted as an order of this Court.
The Applicants have proved their Kenyan Citizenship and may apply for their son’s Kenyan citizenship
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF MARCH, 2016
M. MUIGAI
In the presence of:
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