Bareebe v Mbabazi (Adoption Cause 55 of 2023) [2024] UGHCFD 85 (18 October 2024)

Full Case Text

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY DIVISION) **ADOPTION CAUSE NO. 0055 OF 2023** PHIONA QUINCY BAREEBE :::::::::::::::::::::::::: PETITIONER **VERSUS** BENY MBABAZI (MINOR) :::::::::::::::::::::::::::::::::::: BEFORE HON. JUSTICE JOHN EUDES KEITIRIMA **RULING**

1]. Phiona Quincy Bareebe hereinafter referred to as "the petitioner", filed a petition for adoption of Beny Mbabazi hereinafter referred to as "the child."

2]. The petition was brought under Article 126 of the Constitution, Sections 44(1) (b), 46, 47 and 48 of the Children's' Act Cap 59 (as amended) and Rules 3(2) of the Children (Adoption of Children) Rules.

3]. In her petition, the petitioner states as follows; -

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- i. That the petitioner is desirous of adopting the child Beny Mbabazi. - ii. The petitioner is a United States citizen of Ugandan origin. - The petitioner is unmarried and applies as a sole petitioner. iii. - The petitioner is a business owner and CEO at Royal Homecare and iv. staffing LLC. - The petitioner is aged 33 years old having been born on the 3rd day $\mathrm{V}.$ of October, 1989. - That the petitioner shares her residence with her biological child vi. named Amon Jingo currently aged three years. - vii. That the petitioner is not related to the said child. - viii. That the child Beny Mbabazi is; - $(a)$ of female sex: - $(b)$ born to a one Nyakato Angel and an unknown father; - is a Ugandan by birth; $(c)$ - aged three years having been born on 1st April 2020. $(d)$ - $(e)$ now in custody and care of a one Mrs. Muzoora Alice Balinda Abwooli (mother to the petitioner).

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- $(f)$ a resident of Kiwafu Central LC 1, Kiwafu Parish Division B Sub-county, Entebbe Municipality, Wakiso District; - is not entitled to any property in Uganda or elsewhere; $(g)$ - no person is liable to contribute to the support of the child except $(h)$ the petitioner. - That the child has not been the subject of an adoption order or of ix. any application order or of any application or petition for an adoption order except by the petitioner. - The petitioner has not received or agreed to receive and no person $X$ . made or given or agreed to give the petitioner any payment or reward in consideration of the adoption of the child. - The petitioner has since 26th May 2020 taken care of the child Beny xi. Mbabazi but cannot travel with the child to the USA where she resides and works and as such cannot effectively execute her assumed parental duties and obligations towards the child as she has not yet obtained an adoption order in regard to the child.

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- xii. The petitioner seeks an adoption order in respect of the child to enable her effectively take care of the child both in Uganda and anywhere. - xiii. The petitioner continues to care for the child under the supervision of the Probation and Welfare Officer of Wakiso District. - 4]. The petitioner is therefore praying for the following; - - That an order for the adoption of the child, Beny Mbabazi by the $(i)$ petitioner be granted. - That the costs of this application be provided for. $(ii)$

5]. The petition was also supported by the affidavit of Mukalazi Joanita Nalwoga a Social Worker who stated inter alia; -

- $i.$ That she has been employed as a Probation and Social Welfare Officer under Wakiso District Local Government since 8th April 2021. - That she is in charge of supervising children that come in contract ii. and/or in conflict with the law in Wakiso District.

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- That among other duties she is charged with as a Probation Officer iii. is writing and filing welfare reports in respect of children. - That she has been responsible for supervising and overseeing the iv. foster care process between the petitioner and the said child in anticipation of this adoption application. - That in December 2021, the petitioner in the company of Mrs. $V$ . Muzoora Alice Balinda Abwooli came to the Probation and Social Welfare Officer at Wakiso District and briefed her about the said child. - That the petitioner informed her that she was interested in formally vi. fostering the said child with the intention to adopt her. - That the petitioner informed her that since 26th May 2020 she had vii. taken care of the said child but cannot travel with the child to the USA where she resides and works and as such cannot effectively execute her assumed parental duties and obligations towards the child as she has not yet obtained an adoption order in regard to the child.

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- That the petitioner further informed her that the child was at the time viii. in actual custody of the petitioner and her mother Mrs. Muzoora Alice Balinda Abwooli a resident of Kiwafu Central LC 1. Kiwafu Parish Division B. Sub-county Entebbe Municipality, Wakiso District. - That she made a home visit to the petitioner's mother's residence ix. situated at Kiwafu Central LC 1, Kiwafu Parish Division B Subcounty, Entebbe Municipality Wakiso District where the child and the petitioner resides while in Uganda. - That the petitioner further informed her that she had taken on the $X$ . parental responsibility of the child since she learnt of the child's unfortunate circumstances on the 26th day of May 2020 that brought the child into her life. - That from her interaction with the petitioner and the child, she found xi. the petitioner suitable to foster the child and has continued to take care of the child's basic needs and parental care to the child. - That she has closely monitored and supervised the petitioner during xii. the fostering period and she explained to the petitioner the effects of

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an adoption order and the petitioner is still committed to adopting the child.

- xiii. That through her interaction with the prospective parent (the petitioner) she found that the child Beny Mbabazi is a child in need of care and protection having been abandoned by her biological mother and left for dead and with no other than the petitioner willing to take parental responsibility over the said child. - That she found that the petitioner had bonded well with the child xiv. during the foster period, the petitioner having provided for the child's basic needs both physical and emotional and she believes it is in the best interests of the child that the petitioner be appointed as the adoptive parent of the child so that the child grows up in a loving and caring family that the petitioner has so far provided. - That she has come up with a report highlighting the social XV. background, situation at the time, the petitioner's status, the legal requirements and conditions as envisaged in the Children's Act Cap 59 (as amended).

7 | Page - That she has discovered that the child deserves to be adopted given xvi. that no other blood relative of the child is available, ready and willing to take on the parental responsibility of bringing up the child. - That the petitioner is fit to adopt the child as she has exhibited great xvii. competence during the informal and formal fostering period to nurture and bring up the child. - xviii. That the petitioner has since appeared before the National Alternative Care Panel on three occasions which were on December 2021 and February 2023 and the panel has recommended the petitioner to proceed to Court to pursue the adoption process. - That it is in the best interest of the child for Court to grant the xix. adoption order sought by the petitioner.

The petitioner attached to her petition several documents to support her petition.

6]. Section 87(1) of the Children Act Cap 62(as amended) provides that an adoption order may be granted to a sole applicant or jointly to spouses where-

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- The applicant or at least one of the joint applicants has attained $(a)$ the age of twenty-five years and is at least twenty-one years older than the child; and - in the case of an application by one of the spouses, the other has $(b)$ consented to the adoption. - The application shall not be considered unless the applicant has $(4)$ fostered the child for a period of not less than twelve months under the supervision of a Probation and Social Welfare Officer.

## 7]. Section 88(1) of the Children Act Cap 62(as amended) provides that:

- A person who is not a citizen of Uganda may in exceptional $(1)$ circumstances adopt a Ugandan child, if he or she- - $(a)$ has stayed in Uganda for at least a year; - has fostered the child for at least a year under the $(b)$ supervision of a Probation and Social Welfare Officer; - $(c)$ does not have a criminal record;

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- has a recommendation concerning his or her suitability to $(d)$ adopt a child from his or her country's Probation and Welfare Officer or other competent authority; and - $(e)$ has satisfied the Court that his or her country of origin will respect and recognize the adoption order. - $(2)$ For the purposes of an application to which this section applies, the Probation and Social Welfare Officer referred to in sub section (1) (b) shall be required to submit a report to assist the Court in considering the application; and the Court may in addition, require some other person or authority to make a report in respect of the application.

$(5)$ The Court may in exceptional circumstances waive any of the requirements specified in subsection $(1)$ .

8]. In this application the applicant attached a copy of her passport marked AI. It indicates that she was born in 1989 and therefore is now aged 35 years. She is therefore older than the child by 32 years.

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9]. The petitioner has also attached to her petition evidence that she is gainfully employed and capable of providing for the child.

The petitioner has also attached the consent of the biological mother to the child allowing the petitioner to adopt the child. The consent is marked as K2.

10]. The petitioner has also attached the Probation and Social Welfare officer's report in support of her petition. The same is marked as L2. The report states that the child is a vulnerable child who was dumped in a pit latrine by her biological mother and that it was in the best interest of the child to be adopted by the petitioner.

11]. The petitioner has been taking care of the child together with her mother under the supervision of the Probation and Social Welfare Officer. There is a supportive affidavit to that effect by the Probation and Social Welfare Officer.

12]. The petitioner has been providing for the child's basic needs since 26th May 2020 from the time the child was rescued from a pit latrine.

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The petitioner has also fostered the child since 23rd December 2021 as indicated in the foster care placement form that were marked as annexture "1" to her affidavit in support of her petition.

13]. The petitioner has no criminal record as shown in her criminal clearance and child abuse certificates which were attached to her supportive affidavit and marked as "N1" and "N2".

The petitioner has also demonstrated willingness to provide for the child's emotional, psychological, educational needs, medical attention and parental love and guidance to the child.

14]. I therefore find that it would be in the best interests of the child to be adopted by the petitioner.

In light of the above, I will grant this petition and allow the petitioner to adopt the said child Beny Mbabazi.

The costs of this petition will be borne by the petitioner.

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## Hon. Justice John Eudes Keitirima.

18/10/2024