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Understanding the Child Adoption Process in Kenya

Child adoption in Kenya is the legal process through which a child becomes the permanent legal child of adoptive parent(s), with all associated parental rights and responsibilities being transferred to the adopter(s).

Legal Framework

Adoption matters in Kenya are governed by:

  • The Constitution of Kenya, 2010

  • The Children Act, 2022

  • The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, to which Kenya is a signatory.

The overarching principle guiding all adoption proceedings is the best interests of the child.

Types of Adoption in Kenya

Kenyan law recognizes three main types of adoption:

  1. Kinship Adoption: This involves adoption by relatives of the child.

  2. Local Adoption: This applies where both the child and the adoptive parent(s) are Kenyan nationals and residents.

  3. Foreign Adoption: This includes adoptions by foreign nationals or Kenyan citizens with dual nationality.

Eligibility and Preliminary Requirements

The Child

A child eligible for adoption must:

  • Be resident in Kenya (citizenship is not a requirement).

  • Have been under the continuous care of the applicant(s) for at least three consecutive months before the adoption application.

  • Be declared free for adoption by a registered adoption society.

Children considered for adoption include:

  • Orphans without guardians or caregivers.

  • Children who have been abandoned or whose parent(s)/guardian(s) cannot be traced for over one year.

  • Children voluntarily offered for adoption by their parents, as per regulations under the Children Act.

The Adopter(s)

According to Section 186 of the Children Act, 2022, a person may adopt as a sole applicant or jointly with a spouse. The adopter must:

  • Be aged 25 to 65 years.

  • Be at least 21 years older than the child.

  • In cases of relatives adopting, this age gap requirement may not apply.

Persons Ineligible to Adopt

The following individuals cannot adopt a child:

  • Those of unsound mind (as per the Mental Health Act).

  • Individuals incapable of proper care or guardianship.

  • Anyone convicted of certain offenses outlined in the Third Schedule of the Act.

  • Unmarried couples applying jointly.

  • A sole male applicant, unless he is a biological relative of the child.

  • Foreign nationals, unless they are biological relatives of the child.

Step-by-Step Adoption Process in Kenya

1. Visit a Registered Adoption Society

The process begins with an adopter visiting a registered adoption society for guidance and registration.

2. Assessment and Home Visit

The adoption society conducts:

  • Background checks.

  • Interviews with the applicant(s).

  • A home visit to assess the living conditions.

If satisfied, the society declares the child free for adoption.

3. Child Placement

The child is placed in the care of the applicant(s) for at least three months to observe compatibility.

4. Application to the High Court

An application is filed in the High Court for an Adoption Order, as per Section 183 of the Children Act, 2022. Adoption hearings are conducted in chambers to maintain privacy and confidentiality.

The application must include:

  • Written consents from:
    • Biological parent(s) or guardian(s).
    • A spouse (if only one spouse is applying).
    • The child, if aged 10 years or above (or facilitated assistance if the child has a disability).
  • A social inquiry report by the adoption society, detailing the evaluation findings and recommendations.

5. Appointment of Guardian ad Litem

The court appoints a guardian ad litem to represent the best interests of the child during the proceedings. This appointment ends once the final decision is made.

6. Issuance of Adoption Order

If satisfied that all legal requirements have been met and consents obtained, the court grants the Adoption Order, which:

  • Transfers all legal rights and responsibilities to the adoptive parent(s).
  • Directs the Registrar to make an entry in the Adopted Children Register.

7. Registration and Certification

The applicant presents the Adoption Order to the Registrar of Children Services for:

  • Entry into the Adopted Children Register.
  • Issuance of a certified copy of the adoption entry, which serves as conclusive proof of the adoption.

Conclusion

Once an adoption order is granted, the adoptive parent(s) assume all legal rights and responsibilities for the child, as if the child were their biological offspring. Adoption in Kenya is a comprehensive legal process that prioritizes the welfare and best interests of the child at every stage.

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At Prof. Tom Ojienda & Associates, we are committed to providing expert legal insights and guidance across various practice areas. Whether you are an individual seeking legal redress or an organization navigating complex regulatory frameworks, our experienced team is here to support you. Our articles and insights are for informational purposes only and do not constitute legal advice. For tailored legal solutions, please contact our team of professionals at www.proftomojiendaandassociates.com to Stay Ahead of the Game.

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