[2013] KEHC 5146 (KLR)
The court found that the applicants had fulfilled all statutory requirements for international adoption under the Children.s Act, including obtaining all necessary consents and approvals from both Kenyan and Swedish authorities. The child, having been abandoned and freed for adoption, had bonded well with the...
Source-derived case information.
- Citation
- [2013] KEHC 5146 (KLR)
- Parties
- Applicant: T.D.E; Applicant: A.H.C.P; Respondent: Baby A.M (to be known as A.D.E.P)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 216 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed; adoption order granted.
- Legal Topics
- International Adoption, Child Welfare, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T.D.E
Applicant
A.H.C.P
Applicant
Baby A.M (to be known as A.D.E.P)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for international adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all necessary consents and approvals have been obtained for the adoption.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for international adoption under the Children.s Act, including obtaining all necessary consents and approvals from both Kenyan and Swedish authorities. The child, having been abandoned and freed for adoption, had bonded well with the applicants, and all reports from the relevant agencies and the guardian ad litem were favorable. The court determined that the adoption was in the best interests of the child, and that the applicants understood the binding and final nature of the adoption order. Accordingly, the court allowed the application for adoption, granted the applicants parental rights over the child,...
Court Disposition
Originating Summons allowed; adoption order granted.
Orders
- T.D.E and A.H.C.P are allowed to adopt Baby A.M, who shall henceforth be known as A.D.E.P.
- B.F.M and A.H.S.M are appointed legal guardians of the child in the event of any eventuality befalling the applicants.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 216 of 2012
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IN THE MATTER OF THE CHILDREN’S ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY A.M
JUDGEMENT
T.D.E and A.H.C.P are Swedish nationals as evidenced by their passports. They are married since 2005, and would like to adopt a Kenyan child. Their Originating Summons is dated 10th October 2012.
The child the applicants seek to adopt is called Baby A.M, born on 3rd November 2010. He was found abandoned and taken to hospital and from there to Rehema PEFA home where he was committed by the Children's Court, Nairobi. His parents have never been traced. It was on that basis that he was placed with the applicants on 9th July 2012.
The applicants have obtained the relevant approvals. There is the certificate of the adoption consent dated 7th February 2012 allowing the applicants to adopt a child domiciled abroad. Migrationsverket has certified by their letter of 11th August 2008 that a child of 12 and below adopted by Swedish citizens automatically receives Swedish citizenship upon adoption. The international adoption has been approved by the National Adoption Committee of Kenya. There is a certificate to that effect.
The child has been freed for adoption. The Little Angles Network has issued a certificate dated September 2011 freeing the child. The applicants have been assessed by agencies at their home country and recommended for adoption purposes. Locally, there are favorable reports by the Little Angels Network, the guardian ad litem C.W.K and the Director of Children's Services. There is evidence that the applicants are in good health, have stable incomes and have a clean record.
I have carefully perused the record of papers filed in this matter. I am satisfied that the applicants have fulfilled the requirements for an international adoption set out in the Children's Act. The documents favour the adoption.
From the reports, as well as the conduct and body language of the child and the applicants when they appeared before me on 25th January 2013, the child has clearly bonded well with the applicants. I believe that it would be in the best interests of the child that he is adopted by the applicants. The applicants have been made aware of the consequences of an adoption order, that it is binding and final, and It cannot be reversed once made.
I allow the Originating Summons dated 10th October 2012. T. D. E and A.H.C.P are allowed to adopt Baby A.M who shall henceforth be known as A.D.E.P. B.F.M and A.H.S.M shall be the legal guardians of the child in the event of any eventuality befalling the applicants. I direct the Registrar-General to enter this adoption order in the Adoption Register. I also discharge the guardian ad litem.
W.M. MUSYOKA
JUDGE
DATED, SIGNED and DELIVERED at NAIROBI this 21ST DAY OF FEBRUARY, 2013.