By: Kendi Latoya

Child adoption in Kenya can be a long and tedious process, if you do not have the right information and counsel to assist in the said process. This Article will seek to shed light on the process of adoption in Kenya and provide a step-by-step procedure of adopting a child in Kenya. 

Adoption is acquiring parental responsibilities of a child from the Child’s biological parents or a legal guardian in place. The applicable laws are, The Constitution of Kenya, 2010, The Children’s Act, 2022 and Hague convention on Inter-country adoptions which Kenya is a signatory to.

TYPES OF ADOPTION IN KENYA

There are three types of adoption in Kenya:

1. Kinship adoption- this is an adoption that is done by an applicant(s) who is a relative of the child;
2. Local adoption- this is adoption of a Kenyan child by Kenyan Applicants; and 
3. Foreign adoption-this is adoption by foreign nationals or Kenyan nationals who hold dual citizenship.

WHO MAY APPLY TO ADOPT A CHILD IN KENYA

Under Section 186 of the Children’s Act, 2022, it is provided that the following can adopt a child in Kenya:

1.  Two spouses jointly i.e a married couple;
2. Sole female applicant;
3. Sole male applicant in so far as the male applicant is a blood relative of the child. It is important to note that the Children’s Act 2022, under Section 186 (4) has provided a prohibition on a male applicant adopting in Kenya unless they are a blood relative, it provides that “The Court shall not make an adoption order in favor of a sole male applicant, unless the applicant is a blood relative of the child; and
4. A spouse married to a biological parent of a child. The other biological parent has to give consent, where there’s no consent this can be dispensed with by the court, for instance if the other biological parent has neglected, abandoned or persistently failed to maintain or persistently ill-treated the child.

Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen or was born in Kenya. Children who are eligible for a adoption in Kenya are a child who is an orphan and has no guardian or caregiver able and willing to take care of the child; an abandoned child; and children who are willingly offered for adoption by their biological parents.

For a child to be adopted, they have to be at least six (6) weeks old and declared free by a registered adoption society. 

APPROACH A REGISTERED ADOPTION SOCIETY

Applicants are required to approach a registered adoption society in Kenya and make an application by way of a letter, informing them of the intention and motivation to adopt a child and what you/they are looking for. The adoption society upon receiving the application will request for relevant documentation that they may require to commence the process.

Once the requirements have been provided by the applicant(s), the adoption society will then set up a meeting for assessments to figure out if the applicant (s) qualify to adopt. A home visit shall then be conducted to confirm if the environment is conducive to bring up a child, once done, a case committee of the adoption society will sit to discuss the applicant(s) fitness for adoption and findings of the assessment before proceeding with adoption.

If approved, the next step shall be matching whereby the applicant (s) shall be matched with a child. During the process of matching, they have to assess the background of the child to verify if the child is free for adoption. The adoption society shall then introduce the applicant to the child after which they shall undergo the bonding process while the child is still in the children’s home, to enable both the applicant(s) and the child to familiarize with each other.

Once the bonding is complete, the child shall then be placed with the applicant(s) for a minimum period of three (3) months. After the three (3) month period the applicant can thereafter through lawyers proceed to court to file an application for an adoption order. 

Depending on the status of the child, the following consents are required to accompany the application for an adoption order:

• Consent of the parents or guardian of the child or one who is legally required to maintain the child;
• Consent of the other spouse, in cases where the application is by one spouse;
• Consent of the child, where he has attained ten (10) years.

The lawyers are required to make an application for the court to make an order appointing a fit person to be guardian ad litem of the child to whom the application relates. The duty  of the guardian ad litem shall be to safeguard the interests of the child pending the determination of the adoption proceedings. The guardian ad litem is deemed to act as the voice of the child, he/she is required to investigate the home circumstances of the application and report to the court on the facts and circumstances relating to the adoption of the child.

Legal guardians also have to be presented to the court, it can either be an individual, couple or two (2) people. They are crucial as the court has to ensure that in the event something happens to the applicant (s) then they can be able to step in to care for the child. 

During the first court attendance, the court shall hear the application for appointment of a guardian ad litem, wherein it will consider the application and may grant or refuse to grant the prayer if it is not in the best interest of the child. Another prayer in this application is for the court to order the Director of children’s services to conduct interviews and home assessment and compile a report, within a certain period, which is usually forty five (45) days. 

Once this is done, the court shall then set a hearing date, wherein the following people shall be required to be in attendance, the guardian ad-litem; representative from the adoption society; the applicant(s); the child in some circumstances; and legal guardians. The hearing shall then be conducted and once the court is satisfied, a judgement date will be provided wherein the court will decide if the approve or deny the adoption. If approved, then an adoption order shall then be issued.

Once the adoption order is issued, the lawyer(s) shall then have to obtain a certified copy of the same and apply for an adoption certificate from the adoption registry and request them to put an entry of adoption in the adoption children register. All rights, responsibilities, duties and obligations are thereafter transferred to the applicants therein.  The adoption certificate shall then be issued after a few weeks.

It is prudent for the adoptive parent (s) to obtain a birth certificate from the Registrar of Births and Deaths, so that the adoptive parent(s) name can be reflected on the birth certificate.

We as Kendi & Company Advocates are able to take you through the entire adoption process in Kenya.

Disclaimer: The above article has been published for information purposes and shall not be legal advice. Please note to consult a lawyer and seek legal advice. 

In case of any queries on the above subject, kindly contact us on: info@kendikadvocates.co.ke or call us on +254768028504