|Adoption Cause 1 of 2011
|In Re Adoption of P.( Minor)
|08 Apr 2011
|High Court at Nairobi (Milimani Law Courts)
|In Re Adoption of P. ( Minor)  eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
IN THE MATTER OF BABY P. 2 alias J – MINOR
J U D G M E N T
The applicants, N.A.K and J.A.M.K, are Swedish citizens. They were married in Sweden on 31st December 2004. Both applicants are psychologists employed in Sweden. The applicants were motivated to seek the adoption of a child because they cannot have biological children of their own due to medical reasons. The applicants wish to adopt a child specifically from Kenya. In order to adopt a child from Kenya, the applicants were assessed by Halmstad Social Welfare Committee of the Municipality of Halmstad under the Swedish Social Services Act. This law enables the Social Welfare Committee of the Municipality that the applicants are resident to make a decision in regard to whether the applicants are qualified to adopt a child, especially a foreign child. The said report is attached to the applicants’ application. It is favourable and confirm the applicants as suitable persons to adopt the child. The Swedish Intercountry Adoption Authority gave an undertaking that it shall recognize the adoption order granted by this court if the applicants fulfill the conditions set under the 1993 Hague Convention on Intercountry Adoptions. The applicants were further assessed by Children Above All Adoption Society, Sweden. The said organization recommend the proposed adoption. The applicants sought the approval of the National Adoption Committee of Kenya to be allowed to adopt a child from Kenya. The said committee sat on 21st July 2010. It approved the applicant’s application. A certificate to that effect was issued on 31st August 2010.
Baby P.2 alias J (the child) was on 1st December 2009 born at Thika District Hospital. The child was unwell from birth. He was admitted at the postnatal ward for medical care. The mother of the child absconded from the hospital leaving behind the child. The matter was reported to Thika police station on 30th December 2009. The child was discharged from the hospital and admitted to Thomas Barnados Children Home. The Children’s Court at Thika committed the custody of the child to the said Children’s Home for care and protection pending these adoption proceedings. Effort by the police, and other relevant authorities to trace the whereabouts of the biological parents of the child have been in vain. This court therefore dispenses with the consent of the biological parents of the child for the purposes of these adoption proceedings. The child was declared free for adoption on 10th August 2010 by Kenya Children’s Home Adoption Society. A certificate to that effect was issued and is in the court file. The child was placed under the custody of the applicants on 5th October 2010 for compulsory foster care pending these adoption proceedings.
The second condition is that the applicants must be approved by the National Adoption Committee in Kenya to adopt a child in Kenya. The applicants have been assessed by the said National Adoption Committee. A certificate has been issued by the said committee approving the applicants’ application to adopt a child in Kenya. The third condition is that the applicants must satisfy the court that they have fulfilled the legal requirements regarding the adoption, including having custody of the child for a sufficient period of time to enable bonding to take place. This period must not be less than three (3) months. It was clear to the court that the applicants have fulfilled all the legal requirements in respect to international adoption. The applicants have had the custody of the child since 5th October 2010. In the period that the child has been in their custody, the child has bonded with them. This was evident from the reports prepared by the Director of Children’s Services, by the guardian ad litem and by the local adoption society. The applicants have established that they have the financial and emotional capability to take care of the child.
In the premises therefore, this court finds that the applicants have met the criteria set for international adoptions. The applicants, N.A.K and J.A.M.K, are hereby authorized to adopt baby P. 2.J. The child shall henceforth be known as N.J. A. K. D.A.K and M.E.H are hereby appointed to be the legal guardians of the child should misfortune befall the applicants. The Registrar General is hereby directed to enter this order in the Adoption Register. The guardian ad litem is hereby discharged. It is so ordered.