[2004] KEHC 1424 (KLR)
The court found that the applicant, NWN, satisfied all statutory requirements for adoption, including the provision of informed consent by the biological parents and the demonstration of her fitness and suitability to adopt. The Child Welfare Society's report confirmed that the adoption would serve the best...
Source-derived case information.
- Citation
- [2004] KEHC 1424 (KLR)
- Parties
- Applicant: NWN; Respondent: DN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 139 of 2003
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- application granted
- Judges
- FI Koome
- Legal Topics
- Adoption of Children, Consent of Biological Parents, Welfare of the Child
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
NWN
Applicant
DN
Respondent
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the infant DN under the Adoption of Infants Act and the Children's Act 2001.
- 2 Whether the consent of the biological parents has been validly obtained and understood.
- 3 Whether the adoption is in the best interests and welfare of the child.
Ratio Decidendi
The court found that the applicant, NWN, satisfied all statutory requirements for adoption, including the provision of informed consent by the biological parents and the demonstration of her fitness and suitability to adopt. The Child Welfare Society's report confirmed that the adoption would serve the best interests of the child, DN, who has bonded with the applicant and is enthusiastic about the adoption. The court was satisfied that the adoption would provide DN with enhanced opportunities and privileges, and that all procedural and substantive legal requirements had been met. Accordingly, the application for adoption was granted.
Court Disposition
application granted
Orders
- NWN is authorized to adopt DN.
Full Case Text
Judgment text and source record
10 paragraphs
In the matter of Adoption of infants Act Cap. 143
DN
JUDGMENT
In this originating summons the Applicant NWN has applied for an order authorizing her to adopt the infant herein, DN born on 9th September 1990. The infant is related to the Applicant on the ground that he is the son of the Applicant’s brother. Both parents have duly signed on affidavit consenting to the adoption. The Applicant is a single person. She has been running her own business of Veterinary Clinic in Kitale town until sometime late in the year 2003 when she won a green card that has enabled her to live and work in the U.S.A. for unlimited period of time.
According to the report by the Child Welfare Society. The infants parents live in Nyeri, he is the 1st born in a family of three children. The Applicant has been supporting the infant with the education and upkeep all along and he has been visiting the Applicant during the school holidays. She now wishes to adopt the infant so that they can enjoy certain opportunities and privileges that she will be entitled to as a U.S.A. citizen.
I have considered the report by the Child Welfare Society that has been presented on behalf of these cases, Adoption No 138 of 2003 and 140 of 2003 whereby the Applicant is seeking for similar orders. I have also considered all the matters provided for under the Childrens’ Act 2001 especially the affidavit by the biological parents of the infant and I am satisfied that the Applicant has fulfilled all the conditions set out herein. The Biological parents understand the consequences of an adoption order. The Applicant has been recommended as a fit and proper person to adopt the infants herein. She has bonded well with the infant. The infant is excited with the prospect of accompanying the Applicant to the U.S.A. I accordingly grant the application and allow NWN to adopt DN
Orders accordingly.
Judgment read and signed on 30/1/04.
M. KOOME
JUDGE