[2019] UGHCFD 14

[2019] UGHCFD 14

The court found that the petitioners, Anthony Chege Kamau and Eunice Mwelu Kiteng’e, satisfied all statutory requirements for intercountry adoption under the Children Act. They are both over 25 years old and more than 21 years older than the child, have fostered Jeremiah Chege for over a year under the supervision of a Probation and Social Welfare Officer, and have no criminal record. The Probation and Social Welfare Officer’s report confirmed the petitioners' suitability and the strong parental bond with the child. All efforts to trace the biological parents failed, and the child has thrived in the petitioners’ care. The court determined that granting the adoption is in the best...

Citation
[2019] UGHCFD 14
Parties
Applicant: Anthony Chege Kamau; Applicant: Eunice Mwelu Kiteng’e; Respondent: Jeremiah Chege
Court
HC: Family Division (Uganda)
Jurisdiction
Uganda
Judgment Date
18 September 2019
Case Number
Adoption Cause No. 03 of 2018
Procedural Posture
Adoption Cause / Ruling
Outcome
adoption order granted
Judges
Mukwaya, J
Legal Topics
Adoption Orders, Child Welfare, Intercountry Adoption
Source Language
English
Family and Children Adoption Orders Child Welfare Intercountry Adoption

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Chege Kamau

Applicant

Eunice Mwelu Kiteng’e

Applicant

Jeremiah Chege

Respondent

Procedural Posture

Adoption Cause / Ruling

Legal Issues

  1. 1 Whether the petitioners are qualified to be appointed the adoptive parents of Jeremiah Chege.
  2. 2 Whether the petition is in the best interest of Jeremiah Chege.

Ratio Decidendi

The court found that the petitioners, Anthony Chege Kamau and Eunice Mwelu Kiteng’e, satisfied all statutory requirements for intercountry adoption under the Children Act. They are both over 25 years old and more than 21 years older than the child, have fostered Jeremiah Chege for over a year under the supervision of a Probation and Social Welfare Officer, and have no criminal record. The Probation and Social Welfare Officer’s report confirmed the petitioners' suitability and the strong parental bond with the child. All efforts to trace the biological parents failed, and the child has thrived in the petitioners’ care. The court determined that granting the adoption is in the best...

Court Disposition

adoption order granted

Orders

  • An order of Adoption of the child Jeremiah Chege by the petitioners, Anthony Chege Kamau and Eunice Mwelu Kiteng’e is allowed.
  • The Registrar General of births and deaths shall make an entry recording this adoption in the Adopted Children Register.