HOW TO EASILY ADOPT A CHILD IN KENYA IN 3 STEPS

To adopt a child in Kenya is a process by which a person obtains legal parental relationships and responsibilities relating to a child being adopted.

The applicable laws instructive to the child adoption process include the Constitution of Kenya 2010 and the Children’s Act 2022. Moreover, the high court is vested with the jurisdiction to grant adoption orders as set out in the Children’s Act.

Types of Child Adoption in Kenya

Local adoption– this is the type of adoption in which the adopting parents are both Kenyan citizens and the child being adopted is a Kenyan resident.

Kinship adoption– this refers to an adoption where the child is adopted by one’s relatives within the extended family.

Inter-country adoption– this refers to an adoption where the adopting parents are not Kenyan citizens but have satisfied the court on their ability to bring up the child.

Under the Law the Following Children are Eligible for Adoption in Kenya;

1. A child who’s an orphan and has no guardian willing to guard the child.
2. An abandoned child whose parents or guardian’s whereabouts cannot be traced within a year.
3. Children who are willingly offered for adoption by their biological parents.
4. A child is declared free for adoption by a registered adoption society.
5. A child who is at least 6 weeks old and less than 18 years old.

Requirements of People Who are Eligible to Adopt a Child in Kenya

For an applicant who can either be a sole applicant or jointly by two spouses to adopt a child in Kenya, the applicant must have satisfied the following conditions;

1. Be at least twenty-five years old.
2. Be less or not have attained sixty-five years old.
3. Be at least twenty-one years older than the child to be adopted.
4. Be a relative of the child or parent of the child

The applicant must also be; of a sound mind, capable of taking care of the child, and the joint applicants must be married

However, there are some persons exempted from being granted the adoption orders by the court unless they provide special justification that satisfies the court and these include:

1. A sole female applicant applying to adopt a male child.
2. A sole male applicant applying to adopt a female child.
3. An applicant who has been charged with certain offenses either robbery, sexual offenses, corruption, and other related offenses under the Children’s Act.
4. Unmarried joint applicants.
5. Homosexuals.
6. A person of unsound mind.

The Adoption Process

After satisfying all the requirements of the adoption process, the applicant visits the registered adoption society where the following processes are undertaken before the adoption effect:

Step 1 Assessment

The applicant is assessed to determine their suitability as the new parents of the child. The child is also evaluated to determine whether the child matches the adoptive parent.

Step 2 Home visit

The adoption society then conducts a visit to the home of the applicants to assess their living conditions and their suitability as new parents. They also confirm if the child is free for adoption.

Once the adoption society is satisfied after all the necessary checks, they declare the child free for adoption. They also place the child under the care of the applicants for three months before applying to the court.

Step 3 Application to the Court

After the lapse of three months, the applicant makes an application to the high court requesting to be granted an adoption order. The applicant is obliged to provide the following documents;

• The child’s birth certificate
• A copy of school progress reports if the child is schooling
• A death certificate if the child’s parents are dead
• Copies of identification of the applicant
• Financial statements
• Marriage certificate for joint applicants
• Proof of home ownership
• Certificate of good conduct.

The application shall also be accompanied by;

1. Consent of every person who is a parent or guardian of the child.
2. Consent of the parents or guardians of the child’s mother if the child is born out of wedlock.
3. Consent of the father if the child is born out of wedlock whose father has acquired parental responsibility for the child.
4. Consent of the other spouse if only one of the spouses is making the application.
5. Consent of the child if the child has attained the age of 14 years.
6. Consent of the competent jurisdiction of a government authority situated in the country where both or one of the spouses is ordinarily resident, permitting the spouses to adopt a foreign child.

The court then hears and determines the application in chambers and the identity of the child and the applicant must be kept confidential concerning the guardian ad litem who safeguards the child’s interests during the court proceedings.

After determination, the court could either grant or deny the adoption order depending on the satisfaction of the conditions of adoption. The adoption order then transfers all rights, duties, responsibilities, obligations, and liabilities relating to the child to the applicants as if the child were their biological child.

Why You May Need a Lawyer If You Want to Adopt a Child in Kenya

Adopting a child in Kenya is a fulfilling and life-changing experience, but the legal process can be complex, with strict requirements designed to safeguard the child’s welfare. While you can go through the adoption process independently, having an Experienced lawyer by your side is invaluable.

A lawyer helps ensure you meet all legal criteria, from background checks to court applications, and assists in navigating any potential roadblocks. They also make sure that all documents are correctly filed, deadlines are met, and your rights are protected throughout.

In essence, a lawyer makes the adoption process smoother, faster, and more secure.

Final Words

Adopting a child or having to adopt a baby in Kenya is a rewarding journey, but one that requires one to be careful. The legal framework is designed to protect both the child and adoptive parents. This helps in ensuring that every adoption is in the best interests of the child.

While the process may seem overwhelming—dealing with paperwork, court appearances, and various legal requirements—a knowledgeable lawyer can help you avoid pitfalls and ensuring a smooth transition into parenthood. With the right legal support, you can focus on welcoming a new member into your family with peace of mind.