[2010] UGHC 66
The applicants satisfy the statutory requirements for adoption under the Children Act, being of appropriate age and having demonstrated capacity to care for the child. The child was abandoned, and no one has claimed her. The applicants have fostered the child since 2008, and the Probation Officer has recommended...
Source-derived case information.
- Citation
- [2010] UGHC 66
- Parties
- Applicant: J. A. A; Applicant: A. M
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Adoption Cause No. 130 of 2010
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. A. A
Applicant
A. M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the statutory requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests and welfare of the child.
- 3 Whether the applicants are suitable adoptive parents for the child.
Ratio Decidendi
The applicants satisfy the statutory requirements for adoption under the Children Act, being of appropriate age and having demonstrated capacity to care for the child. The child was abandoned, and no one has claimed her. The applicants have fostered the child since 2008, and the Probation Officer has recommended them as suitable adoptive parents. The welfare and best interests of the child are paramount, and the applicants are able to provide a loving and stable home. The court finds that adoption by the applicants will promote the child's welfare and integration into a family environment.
Court Disposition
application allowed
Orders
- The applicants are appointed adoptive parents of A. E, with full parental rights and responsibilities.
- The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
Full Case Text
Judgment text and source record
31 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA**
**ADOPTION CAUSE NO. 130 OF 2010**
**IN THE MATTER OF A. E (INFANT)**
**AND**
**IN THE MATTER FOR AN ADOPTION OF A. E (FOUR YEARS) BY J. A. A AND A. M**
**BEFORE: HON. LADY JUSTICE MARGARET C. OGULI OUMO**
**RULING:**
The applicants, a married Ugandan couple, bring this applicant under the children Act, for orders that:-
**1.** They be appointed adoptive parents of A. E.
**2.** Costs of the petition be provided for.
The petition is supported by the affidavit of J. A. A dated 1st July, 2010
The petitioners are Ugandan citizens, see certificates of their passports on the court file, Annexture “A” and “B” on the court record.
The applicants are represented by Mr. Charles Majoli.
Under **section 45 1(a),** applicants for adoption have to be about 25 years of age and at least 21 years older than the child.
The applicants here are 41 and 47 years of age respectively, and the child is four years.
They therefore meet the requirements of the law in relation to age.
The 1st applicant is a Programme Manager of S[…], a project operated by C[…] in Rwanda – See Annexture “C’, to the petition, and a letter of Employment.
Mr. A. M is employed as a Senior Assistant Bursar, expenditure and payables with M[…] University (see Annexture “C”) to the petition.
The child was abandoned at Rubaga Hospital in 2008 by an unknown mother and the matter was referred to Probation officer, one Sozi, at the time (see Annexture “F” who referred the matter to Sanyu Babies Home, which has been taking care of the child (see care order) on the court record.
The applicants got interested in the child and have been fostering her since December, 2008 and the current Probation Officer Kampala has recommended them as suitable Adoptive parents as they wish to provide the child a home, love and other necessities of life.
In making any decision concerning a child, the welfare of the child is paramount.
**See: Section 3 and Para 1(b) of the First Schedule to the Children Act.**
Court is of the opinion that given that the child was abandoned and no one has come to claim her and the applicants wish to provide her a home, parental love and care and given the fact that they have one child, who is almost the same age as the infant, the infant will integrate into their family faster and she is already looking well cared for.
Consequently the application is allowed in the following terms and conditions:-
1. The applicants are appointed adoptive parents of A. E, with full parental rights and responsibilities. 2. The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala. 3. The applicants are directed to file a report once every year, regarding the state of the welfare and development of the child to the Registrar Family Division, High Court Kampala, until the child is 18 years of age or until directed otherwise. 4. The court makes no order as to costs.
**Margaret C. Oguli Oumo**
**JUDGE**
**2/11/2010**
**Present;**
1. Charles Majoli for the applicants 2. Bety Lunkuse, court clerk 3. Oliver Nantamu, Research Assistant