[2013] KEHC 4324 (KLR)

[2013] KEHC 4324 (KLR)

The court found that the applicants had fully complied with all statutory requirements for international adoption, including approvals from both German and Kenyan authorities, and had demonstrated the capacity to provide for the child’s welfare. The child had been abandoned by the biological mother, and all efforts to trace the parents had failed, justifying the dispensation of parental consent. Reports from the relevant adoption societies, the Director of Children’s Services, and the guardian ad litem were all favorable, confirming that the adoption would serve the best interests of the child. The applicants undertook to comply with post-adoption supervision and to assume all parental...

Citation
[2013] KEHC 4324 (KLR)
Parties
Applicant: THS; Applicant: BMS
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 April 2013
Case Number
Adoption Cause 2 of 2013
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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

THS

Applicant

BMS

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 consent of the biological parents can be dispensed with in the circumstances.

Ratio Decidendi

The court found that the applicants had fully complied with all statutory requirements for international adoption, including approvals from both German and Kenyan authorities, and had demonstrated the capacity to provide for the child’s welfare. The child had been abandoned by the biological mother, and all efforts to trace the parents had failed, justifying the dispensation of parental consent. Reports from the relevant adoption societies, the Director of Children’s Services, and the guardian ad litem were all favorable, confirming that the adoption would serve the best interests of the child. The applicants undertook to comply with post-adoption supervision and to assume all parental...

Court Disposition

adoption granted

Orders

  • The applicants, THS and BMS, are authorized to adopt baby EN alias ENM, who shall henceforth be known as ENS.
  • ZR, the sister of the 1st applicant, is appointed as the legal guardian of the child should misfortune befall the applicants.