In re Baby Y D A [2015] KEHC 292 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO.166 OF 2015

IN THE MATTER OF THE CHILDREN ACT

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY Y D A

AND

C M H ……………………….……………….APPLICANT

JUDGMENT

The applicant C M H seeks to be authorized to adopt baby Y D Aand that if the order sought is allowed that G O O be appointed as guardian. The applicant is a Kenyan Citizen by Birth but later acquired American citizenship. She states that she has been widowed and divorced upon remarriage. She states that she has obtained confirmation from the Government of the United States of America confirming that the child will be able to immigrate and live with her in the USA.

This is a kinship adoption where the child proposed to be adopted by a maternal aunty. The child was born on 17th April 2002 to R A A who is a single mother who has raised her single handed with the help of the applicant.

The Department of children’s services and the guardian Ad Litem filed their reports on 12th August 2015. Both reports are favorable and recommend the applicant to adopt the minor. On assessment it shows that D has bonded well with her Aunt C. The Child was declared free for adoption on 29th May 2015 and issued with a receipt no.[Particulars Withheld]. The child’s mother has consented to the adoption and acknowledges that the adoption memorandum of adoption was read and explained to her and she signed the same. She was also examined in court and confirmed the same. D too was examined in court and she consents to the adoption in line with Section 158 (4) (f) of the Children Act. The applicant  who lives in the USA has also availed a detailed and positive home assessment dated 6th February 2014 by Carolina Adoption services, it recommends her to adopt two children aged upto 16 years old.  I note she has adequate financial resources to care for the child.

The applicant has met the necessary pre-requisites to adopt the child as prescribed in the Children Act 2001. The reports are favorable and recommend that the applicant is suitable and she should be allowed to adopt. Reports from the Children’s services, guardian ad Litem filed by the Carolina Adoption services who conducted a home study of the applicant gave a favorable report recommending her fit and suitable to adopt the said child. They have also given an undertaking to honor the adoption order granted by this court. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child and she is financially able to provide for the upkeep and education of the child.

This court finds that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The Applicant C M His hereby allowed to adopt Y D A. G O O of Ct Huntsville Al 35806 USA shall be the legal Guardians of the child should misfortune befall the applicant. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act. I hereby discharge the Guardian ad litem. It is so order.

Dated, Signed and delivered this23rdDay of October2015.

R. E. OUGO

JUDGE

In the presence of:

……………..…………………………………………………….….…….Applicant

Ms. Charity           Court Clerk