Introduction
In Kenya, adoption is a legal process through which a child is permanently placed with an adoptive parent or parents (when applicants are a couple). At the end of the process, the court issues an adoption order vesting full parental rights and responsibilities in the adoptive parents. The child is granted full rights as a child of their new parents equal to those of any biological children of the adoptive parents, including those related to inheritance under testate and intestate succession.
In Kenya, the applicable laws on all children’s matters, including adoption, are the Constitution of Kenya and the Children’s Act. Kenya is also a signatory to the Hague Convention on Inter-Country Adoptions. In all matters concerning children, the law mandates consideration of the “…best interests of the child.”
This article is an overview of the adoption process in Kenya. It covers the types of adoption, the requirements for both the child and the prospective parent, and the process of filing an adoption application.
Types of Adoption in Kenya
The Children’s Act provides for different types of adoption to cater to various circumstances. These include:
1. Local Adoption
This type of adoption occurs when Kenyan citizens adopt a child within the country.
2. Foreign/International Adoption
Foreign nationals are also allowed to adopt children in Kenya. A foreign nation that wishes to adopt a Kenyan child must meet strict legal requirements, including residing in Kenya and fostering the child under the supervision of the Directorate of Children’s Services.
3. Kinship Adoption
This occurs when a relative, such as a sibling, step-parent, aunt, uncle, or grandparent, adopts a child within their extended family. This form of adoption helps to keep the child within a familiar cultural and social setting.
Requirements for Adoption in Kenya
The child and the prospective adoptive parent must meet specific conditions to qualify for adoption.
The Child
A child who resides within Kenya, whether the child is a Kenyan citizen or not, was born in Kenya or not, can be adopted if the child:
- is between six (6) weeks and 18 years old;
- is declared free for adoption by a registered adoption society; and
- has no known parents or legal guardians, or the child’s parents have given consent.
The Adoptive Parents
Prospective adoptive parents must meet the following criteria:
- Be at least 25 years old and at least 21 years older than the child;
- Not be older than 65 years, or at least one of them;
- Be of sound mind;
- Be a Kenyan citizen or a foreigner meeting kinship and or residency conditions;
- Be capable of taking care of the child emotionally, financially, and socially; and
- Have no criminal record, particularly concerning offenses against children.
Who Cannot Adopt a Child?
Certain individuals are legally barred from adopting a child in Kenya. These include:
- A person convicted of crimes against children;
- A sole male applicant wishing to adopt a female child (unless related by blood);
- A sole female applicant wishing to adopt a male child (unless there are special circumstances);
- a sole foreign applicant; and
- Any person deemed unfit due to a criminal record, financial instability, or mental incapacity.
The court may deny an application for adoption for any other reason not listed in the Act.
The Adoption Process in Kenya
The adoption process involves several legal steps to protect the child’s welfare and to ensure compliance with Kenyan law.
1. Engage an Adoption Society
The first step is to contact a registered adoption society. The society assesses whether the child is adoptable and conducts background checks on the prospective adoptive parent(s).
2. Obtain a Declaration That the Child is Free for Adoption
The adoption society must confirm that the child is legally available for adoption. This ensures that no biological parent or guardian claims the child later.
3. Pre-Adoption Counseling
The adoptive parent(s) must undergo counseling to understand the emotional, social, and legal implications of adoption.
4. Fostering the Child
The law requires adoptive parents to foster the child for at least three months under the supervision of a registered adoption society.
5. File an Adoption Application in Court
Once the fostering period ends, the adoptive parent(s) file a petition in the High Court of Kenya. The application includes:
- A home study report.
- Medical reports of both the child and the adoptive parent(s).
- Criminal clearance certificates.
- Financial proof of capability to care for the child.
6. Court Proceedings
The court appoints a guardian ad litem (a child welfare officer) to represent the child’s best interests. The judge reviews all documentation and hears testimonies from relevant parties.
7. Issuance of the Adoption Order
If the court is satisfied that adoption is in the child’s best interest, it grants an adoption order. This order transfers full parental rights to the adoptive parent(s).
8. Issuance of an Adoption Certificate
After the adoption order is granted, the child receives a new birth certificate listing the adoptive parents as the legal parents.
Conclusion
Adopting a child in Kenya is a structured legal process aimed at protecting the child’s rights. Whether you are a Kenyan citizen or a foreign national, understanding the legal steps is crucial.
If you are considering adopting a child and need legal help, Schedule A Consultation with our team, Email Us or fill out the form on our Contact Us page.
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