ADOPTION GUIDE-KENYA
In Kenya, the registration of child adoption is a crucial step that legitimizes the adoption, providing the child with legal recognition and protection under the law. Adopting a child is a life-changing and rewarding experience, but it also involves a significant legal process to ensure the child’s well-being and security. This process not only gives adoptive parents legal rights but also establishes the child’s status, ensuring they have access to the same rights as biological children. Whether you’re considering adoption or simply seeking more information about the process, understanding the legal framework behind registration of child adoption in Kenya is vital for making informed decisions.
Requirements for child adoption in Kenya
- The child must be at least six (6) weeks old and less than 18 years old;
- The child must be declared free for adoption by the adoption society;
- The applicant must have attained the age of twenty-five years and is at least twenty-one years older than the child but has not attained the age of sixty-five years;
- An adoption order cannot be issued in favour of the following persons unless the court is satisfied that there are special circumstances that justify the making of an adoption order:
- a sole male applicant in respect of a female child;
- a sole female applicant in respect of a male child;
- an applicant or joint applicants who has or both have attained the age of sixty-five years;
- a sole foreign female applicant.
Where to file: ANY HIGH COURT IN THE REPUBLIC OF KENYA.
WHAT IS REQUIRED BY THE COURTS:
1. FOR ABANDONED CHILDREN
- A certificate declaring the child free for adoption – Issued by Adoption society;
- Recommendation of the Adopters by the Director of Children Services;
- Final letter from a police station stating that the child has not been claimed;
- Committal order – issued by the Magistrates court committing a child to a children home.
2. WHERE ONE OF THE BIOLOGICAL PARENT REMARRIES OR
WHERE A RELATIVE/ FRIEND/ GUARDIAN IS ADOPTING (I):
- Recommendation of the Adopters by the Director of Children Services;
- Marriage certificate if one of the biological parent has remarried
3. WHERE ONE OF THE BIOLOGICAL PARENT RE-MARRIES OR
WHERE A RELATIVE/ FRIEND/ GUARDIAN IS ADOPTING (II)
- Consent from the biological parent/guardian
- Waiver of consent if the biological parent cannot be traced (Waiver is issued by the court)
- Birth certificate
4. ADOPTION ORDER
The court will upon being satisfied that the child is free for adoption and the adopter is fit to adopt issue an ADOPTION ORDER.
ROLE OF THE REGISTRAR GENERAL IN THE ADOPTION PROCESS
The Registrar General registers adoptions once an adoption order is issued by the court
TO REGISTER AN ADOPTION, THE REGISTRAR GENERAL REQUIRES:
- Original adoption order issued in court – Must have a schedule
- Copies of documents listed in Part 2
- The Registrar shall upon receipt of the documents issue an Adoption certificate within 7 days.
- Registration fee is Kshs 100/=
