[2018] UGHCFD 225

[2018] UGHCFD 225

The court found that the petitioners did not fully comply with the mandatory requirements for inter-country adoption under Section 46 of the Children Act, specifically the requirements to reside in Uganda for at least one year and to foster the children for at least one year under the supervision of a probation and...

Source-derived case information.

Citation
[2018] UGHCFD 225
Parties
Applicant: Mark Edward Wilkins; Applicant: Cynthia Elaine Wilkins; Respondent: Godfrey Ntabazi Muzeeyi Timothy; Respondent: Nakamatte Jane; Respondent: Patricia Mirembe; Respondent: Patience Kirabo
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
9 July 2018
Case Number
Adoption Cause No. 81 of 2017
Procedural Posture
Adoption Cause / Ruling
Outcome
adoption order declined
Judges
Mukwaya, J
Legal Topics
Inter Country Adoption, Adoption Requirements, Parental Consent, Child Welfare, Probation Officer Report
Source Language
english
Family and Children Inter Country Adoption Adoption Requirements Parental Consent Child Welfare Probation Officer Report

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Parties

Mark Edward Wilkins

Applicant

Cynthia Elaine Wilkins

Applicant

Godfrey Ntabazi Muzeeyi Timothy

Respondent

Nakamatte Jane

Respondent

Patricia Mirembe

Respondent

Patience Kirabo

Respondent

Procedural Posture

Adoption Cause / Ruling

Legal Issues

  1. 1 Whether the petitioners are suitable adoptive parents under Ugandan law.
  2. 2 Whether the adoption is in the best interests of the children: Godfrey Ntabazi Muzeeyi Timothy, Nakamatte Jane, Patricia Mirembe, and Patience Kirabo.

Ratio Decidendi

The court found that the petitioners did not fully comply with the mandatory requirements for inter-country adoption under Section 46 of the Children Act, specifically the requirements to reside in Uganda for at least one year and to foster the children for at least one year under the supervision of a probation and social welfare officer. The evidence showed that the petitioners had not stayed in Uganda for the requisite period and had not fostered the children directly, instead delegating this responsibility via Power of Attorney to the director of the children’s home. The court was not convinced that a sufficient bond had formed between the petitioners and the children, and noted the...

Court Disposition

adoption order declined

Orders

  • The petition for adoption is denied.
  • Petitioners are advised to consider the court's findings and act in the best interests of the children.