In re Baby P J W N Alias Baby N (Child) [2016] KEHC 3207 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OFV KENYA AT NYERI

ADOPTION CAUSE NO. 11  OF 2015 (O.S.)

IN THE MATTER OF BABY P J W N ALIAS BABY N (CHILD)

IN THE MATER OF AN APPLICATION  FOR ADOPTION ORDER BY

M/S T N M

AND

IN THE MATTER OF THE CHILDREN'S ACT

JUDGEMENT

T N M has in her originating summons dated 2nd February 2015 applied to this court under the provisions of the Children's Act for authority to adopt the child known as babyP J WaliasBaby N(herein after referred to as the child).

The originating summons is grounded on the annexed statement, consent to act as a Guardian ad litem, affidavit in support of application for adoption order, report of the Guardian ad litem annexed thereto among other supporting documents attached thereto. The applicant has also filed a detailed statement in support of her application for adoption, and guardians consent and a verifying affidavit.

Briefly, the applicant  states that she applied to adopt a child with Child Welfare Society  of Kenya and her  application was approved, that the child was received into her care and custody on 22nd February 2014 and has since then been continuously in her care and that the mandatory fostering period has since lapsed. A copy of the foster agreement has been annexed. The applicant also stated that she has filed in court all the relevant documents.

A report prepared by the Child Welfare Society of Kenya details that the child was born out of an incestuous relationship and the baby was labelled as a 'taboo', and the parents signed a consent giving up the baby for adoption. The report states that after birth, the child was placed at Springs of Life Children's Home for temporary care and protection under section 119 (1) (a) of the Children's Act, 2001, that the Children's court at the Magistrates Court at Vihiga on 26th September 2013 under protection and care case no. 11 of 2013 committed the child to the said facility for temporary safety. The said report declared the child free for adoption and issued a certificate to that effect dated 20th August 2014. There are consents signed by both the child's biological parents each dated 10th December 2013.

The applicants avers that she was 40 years as at the date of filing these proceedings and that she is unmarried. The social inquiry report concludes that the applicant is suitable to adopt a child under section 177 (7) (b) of the Children's Act and recommends the adoption. The Children's Officer, Nyeri Central in his report recommended the adoption and stated that his office has no objection to the adoption. There is also a recommendation by Rev N W G.

I have carefully perused all the reports in the application and I am satisfied that the proposed adoption is in the best interest of the child who will grow up with a mother figure  in her life and will be accorded parental love. I am satisfied that the child will benefit from the parenthood of the applicant and will have a better future and prospects of becoming a useful member of the society.

As the biological parents granted their consent, I am satisfied that the provisions of the Children’s Act have been complied with. I allow the application and make the following orders:-

1. The applicantT N M  is hereby authorized to adopt the child known asP Joan W NaliasBaby N.

2. The child shall henceforth be known as  P J W N.

3. That the legal guardians of the child shall be N W GandP K W (who shall step in the shoes of the applicant in the unfortunate event that the applicant is unable to shoulder her parental responsibility).

4. The Registrar General shall make an entry of this adoption in the Adopted Children Register in the prescribed form.

5. For avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised  by and enforceable against the adopting parent, namely,T N M  as if the said child were her biological child the child shall have the right to inherit the applicant.

Orders accordingly

Signed, Delivered and Dated at Nyeri this 26thday of September 2016.

John M. Mativo

Judge