Legal Guidelines on Adoption in Kenya: Key Insights

Overview of Adoption Procedures

Adoption in Kenya is governed by the Children Act, which outlines comprehensive procedures to ensure the welfare and rights of children are upheld. The Act stipulates the powers of the High Court in making adoption orders, prerequisites for adoption, and eligibility criteria for both children and prospective adoptive parents. This article provides a detailed overview of the key provisions under the Children Act concerning adoption.

Power to Make Adoption Orders

The High Court holds the authority to make adoption orders upon application in the prescribed form. Such proceedings are to be held in chambers to maintain confidentiality of the child’s and applicants’ identities. Adoption under this Act includes local, kinship, and foreign adoptions.

1. Local Adoption: Involves a child resident in Kenya and adopting parents who are Kenyan nationals residing in Kenya.
2. Kinship Adoption: Pertains to adoption by relatives of the child.
3. Foreign Adoption: Encompasses various scenarios involving Kenyan nationals with dual citizenship, foreign nationals, or former Kenyan nationals.

Prerequisites for Adoption

Before commencing adoption proceedings, certain conditions must be met:

1. Declaration of Adoptability: The child must be declared free for adoption by the relevant council and must be at least six weeks old.
2. Continuous Care: The child must have been in the continuous care of the applicant within Kenya for three consecutive months preceding the application.
3. Preselection Restrictions: Applicants cannot preselect a child for adoption except in kinship adoptions or when adopting a foster child already in their care.

Eligibility of Children for Adoption

Children eligible for adoption include orphans without guardians, abandoned children whose parents cannot be traced for over a year, and children willingly offered for adoption by their biological parents.

Who May Apply to Adopt

The Court may grant adoption orders to sole applicants or jointly to spouses, provided they meet specific age and relationship criteria. Applicants must be between 25 and 65 years old and at least 21 years older than the child. Sole male applicants are generally not favored unless biologically related to the child.

Consent Requirements and Dispensation

Consent for adoption must be obtained from the child’s parents or guardians, the applicant’s spouse in joint applications, and the child if over ten years old. The Court may dispense with required consents under certain conditions, such as abandonment or neglect by the parents.

Appointment of Guardian Ad Litem

A guardian ad litem is appointed to safeguard the interests of the child during adoption proceedings. Their duties include investigating and reporting on the adoption circumstances and making recommendations to the Court.

Interim Orders and Final Adoption Orders

The Court can issue interim orders to ensure the child’s welfare during adoption proceedings. Final adoption orders are made based on comprehensive evaluations to confirm the best interests of the child are served, considering the child’s wishes and the applicant’s suitability.

Review and Revocation of Adoption Orders

Biological parents may apply for a review of adoption orders under specific conditions, such as cases of abduction or loss. The Court may revoke or modify adoption orders to grant custody to biological parents or joint custody with adoptive parents.

Inter-Country and Kinship Adoptions

Inter-country adoptions are permitted under stringent conditions, including proof of exhaustive local placement efforts and recognition of the adoption by the adoptive parents’ country. Kinship adoptions are restricted to relatives of the child, with regulations set forth by the Cabinet Secretary.

Conclusion

The Children Act provides a robust framework to regulate adoption processes in Kenya, ensuring that all proceedings prioritize the best interests of the child. Adopting parents must comply with detailed legal requirements, and the High Court plays a critical role in overseeing and authorizing adoptions to protect children’s welfare.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on adoption, child maintenance, parental responsibility agreements, Child custody and other children related issues, please contact us.