[2014] KEHC 2640 (KLR)

[2014] KEHC 2640 (KLR)

The court found that the applicants had fulfilled all statutory requirements for international adoption, including approval by the relevant authorities in Denmark and Kenya, sufficient period of custody and bonding with the child, and demonstration of financial and emotional capability. The child was declared free for adoption, and all reports from the relevant agencies were favourable. The court determined that granting the adoption was in the best interests of the child, and the applicants undertook to comply with post-adoption supervision and to assume all parental rights and duties. The court therefore authorized the adoption, appointed a legal guardian, and directed the Registrar...

Citation
[2014] KEHC 2640 (KLR)
Parties
Applicant: L S J; Applicant: H E E
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
11 September 2014
Case Number
Adoption Cause 127 of 2014
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
LK Kimaru
Legal Topics
International Adoption, Child Custody, Parental Rights, Adoption Procedure
Source Language
English
Family and Children International Adoption Child Custody Parental Rights Adoption Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

L S J

Applicant

H E E

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants have satisfied the legal requirements for international adoption under Kenyan law.
  2. 2 Whether it is in the best interests of the child to grant the adoption order.
  3. 3 Whether the applicants have been duly approved by the relevant authorities in Denmark and Kenya for the adoption.

Ratio Decidendi

The court found that the applicants had fulfilled all statutory requirements for international adoption, including approval by the relevant authorities in Denmark and Kenya, sufficient period of custody and bonding with the child, and demonstration of financial and emotional capability. The child was declared free for adoption, and all reports from the relevant agencies were favourable. The court determined that granting the adoption was in the best interests of the child, and the applicants undertook to comply with post-adoption supervision and to assume all parental rights and duties. The court therefore authorized the adoption, appointed a legal guardian, and directed the Registrar...

Court Disposition

adoption granted

Orders

  • The applicants, L S J and H E E, are authorized to adopt baby F J, who shall henceforth be known as A F S E.
  • The child’s date of birth is declared as 16th November 2010 and place of birth as Thika Level 5 District Hospital, Thika, Kenya.