24 Sep ADOPTION IN KENYA

What is Adoption?

Adoption is the process by which a person assumes or acquires the parental rights over a child, from that child’s biological or legal parents or guardians, and in so doing permanently transfers all rights and responsibilities from the biological or legal parents or guardians to themselves.
Once an adoption order is granted, it cannot be revoked.

Who can be adopted?

A child under the age of eighteen (18) years residing within the Republic of Kenya may be adopted under the following circumstances:

• The child must be over six weeks old and declared free for adoption by a registered adoption society.
• It has been confirmed that the child has been abandoned and the whereabouts of the child’s parents or guardians cannot be found.
• The child is an orphan and has no guardian or caregiver.
• The child’s biological parents or legal guardians have given consent for the child to be adopted.
• It is in the best interests of the child to get a permanent alternative placement through adoption.

Who can adopt?

• A married couple, in a joint application.
• A person who has married the parent of a child can adopt that child provided that the other biological parent’s consent is availed or dispensed with.
• A relative of the child.
• A single female
• A single male so long as they are adopting a child who is their relative

In addition to the above, the prospective adoptive parent must be at least 25 years old and less than 65 years old with an age gap of at least 21 years between them and the child to be adopted.

The Legal Process

The high court is the only court allowed to conduct the legal Adoption Process and issue an Adoption Order as per Section 183 of the Children Act of 2022.

The child to be adopted must have been declared free for adoption by a duly registered Adoption Society.

Prior to filing an adoption application in court, the child concerned must have been in the continuous care of the adopting parent(s) for a period of not less than three consecutive months.

In the first court appearance, the court appoints a Guardian Ad Litem. This is a person who acts as the voice of the child during the legal adoption process and must always act in the best interests of the child.  The Guardian Ad Litem makes observations of the child and the prospective adoptive parents and makes a socio-report to the court to assist the court in arriving at a decision on whether to grant or deny the adoption order.

The role of the Guardian Ad Litem is completed when the adoption order is granted.

The court also directs the Director of Children’s Services to make an evaluation and file a report on his findings regarding the socio-economic circumstances of the prospective adoptive parents and the child.

Upon completion and filing of all required reports, a date for the main hearing of the Adoption cause may be taken. At this hearing, all parties concerned including the prospective adoptive parent(s), the child, an official from the Adoption society, the appointed Guardian Ad Litem, and an official from the director of Children’s Services are required to attend court.

The court must be satisfied that all prerequisites of seeking an Adoption Order as set out in the law have been met before it issues an Adoption order.

Effect of the Adoption Order

The effect of the Adoption Order is to transfer all rights, duties and responsibilities over a child to the adoptive parent(s) as if the child were born to the adopter.  It extinguished the rights, duties and responsibilities that the biological or legal parents or guardians had prior to making the Adoption Order.

What next?

Upon being granted an Adoption Order, an Application is made to the Registrar General (Marriages and Adoption office) for entry into the Adopted Children’s register and for the issuance of the Adoption Certificate. Thereafter, an application is made for a birth certificate reflecting the adoptive parent(s). The application for birth certificates for adopted children is made to the Registrar of Births and Deaths, the parents must avail the Adoption Order and the Adoption Certificates, and upon confirmation by the Registrar of Births and Deaths that the adoption process has been carried out as required by the law, the birth certificate will be issued.

The information above is not, nor is it intended to be, specific legal advice. This website is designed for general information only. You should consult an advocate for advice regarding your specific situation. We invite you to contact us about your family law situation and welcome your calls, letters and emails.

Author: Rose Mbanya