Child Adoption in Kenya

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The Children’s Act 2022: Key Amendments on Alternative Care; Adoption

The Children’s Act 2022 is a new legislation in Kenya that enforces Article 53 of the Constitution, which safeguards children's rights, including equal parental rights and responsibilities. The Act provides for alternative care for children, such as guardianship, foster care placement, and adoption, while regulating the administration of children's services through a set of amendments.

Adoption Authorization

National Council for Children’s Services: The Act establishes the National Council for Children's Services to advise the Cabinet Secretary on child protection and to establish a panel to vet adoption agencies, adoptive parents, as well as guardian ad litem for matters relating to adoption. The Council also maintains a register of guardians ad litem, accredits and licenses adoption and child protection agencies, and establishes a database for domestic and inter-country adoptions.

Types of Adoption

Kinship Adoption: means the adoption of a child by a person who is a relative of the child

Local Adoption: means an adoption in relation to which—

(i)  the child is resident in Kenya; and

(ii) the adopting parent or parents are Kenyan nationals resident in Kenya and are not related or known to the child

Foreign Adoption: The Act provides for foreign/Inter-Country adoption which is an adoption whereby:  

(i)      The adopting parent(s) are Kenyan nationals with dual citizenship. 

(ii)    The adopting parent(s) are foreign nationals whether or not resident in Kenya.

(iii)   The adopting parent(s) are not Kenyan nationals but are biologically related to the child.

(iv)   The adopting parent(s) were once Kenyan nationals but have lost their nationality by operation of the law of the host country to which the prospective parent(s) have a nationality.

The Act allows for foreign or inter-country adoption by Kenyan or foreign nationals, including those who were once Kenyan nationals but lost their nationality by law. However, the 2014 moratorium banning foreign adoption is still in effect and there have been no new directives on whether the Children Act 2022 overrides the moratorium. Therefore, at the moment, there is no foreign adoption in Kenya.

The adoption may be granted when the National Council for Children's Services declares the child free for adoption and registered adoption societies make a report recommending an adoption order.

Consents Required for Adoption Orders

The Act requires consents for the court to grant adoption orders, including that of: 

(i)      a parent or guardian of the child (where applicable), 

(ii)    any person liable for the child's maintenance (if there is a maintenance order), 

(iii)   a child who is at least 10 years old.

However, the court may dispense with these consents if the parent or guardian has abandoned, neglected, or ill-treated the child, among other reasons.

Leaving Kenya with a Child before Adoption Order

The court may make an inter-country (foreign) adoption order if efforts to reunite the child with their parents have failed and all local placement arrangements have been exhausted. The Act also sets out the requirements for leaving Kenya with a child before the adoption order is granted. If the adoption order is granted to a foreign adoptive parent, the court may make the execution of a security bond with sureties requiring the child's return to Kenya within a specified period. Failure to comply with the bond constitutes an offense punishable by imprisonment or a fine.

Review of Adoption Orders

Biological parents of a child in respect of whom an adoption order has been granted may apply for a review on the grounds that the child was lost or abducted, the parents were unable to reunite with the child despite taking all measures, or it is in the child's best interest to reunite with their biological parents. The review may lead to the revocation of the adoption order and custody given to the biological parents or joint custody awarded to both biological and adoptive parents. This was introduced by the new Children Act 2022 because previously, adoption in Kenya was irrevocable.

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Local Adoption Procedure in Kenya: A Comprehensive Guide

Adopting a child in Kenya is a regulated and legal process that requires compliance with the relevant laws and regulations. Here is a step-by-step guide on how to adopt a child in Kenya.

Stage 1: Orientation Meeting:  To start the adoption process, one needs to visit a registered and accredited adoption society. During this visit, the adoptive parent(s) will be given application forms to fill and submit together with the required documents. These documents include 2 recent full-sized photos of the applicant(s), a copy of ID for Kenyan citizens, a marriage certificate (where necessary), a medical report, proof of financial status (pay slip, bank statement, etc.), and any other relevant documents.

Stage 2: Home Visit to Determine Eligibility:  The adoption society will conduct a home visit to determine the eligibility of the adopter(s) to ensure that the needs of the child will be met. The visit aims to assess the suitability of the applicant(s) to adopt/foster a child, including the living conditions. In case of a joint application, both applicants MUST be present during the home visit.

Stage 3: Medical Check-up: A medical doctor or registered clinical officer will fill a form recommended by the adoption society for a medical check-up that includes an HIV test as part of the examination. The medical report must have an official signature and stamp of a renown hospital.

Stage 4: Matching and Placement: After a successful vetting process, which involves approval by an independent committee, a social worker will match the adoptive parent(s) with a child who has already been declared free for adoption, and an introduction and bonding period will be arranged. If bonding is successful, the child is released to the care of the adopter(s).

Stage 5: Fostering Period: The adoptive parent(s) will stay with the child for three months while a social worker regularly checks on the relationship between the parent(s) and the child. The social worker also evaluates how well the child is adjusting to the new environment.

Stage 6: Court Phase: The Children’s Court finalizes all adoption matters by assessing the ability of the adoptive parent(s) to support and educate the child. The court may or may not approve the adoption based on the evaluation. The social worker may provide an opinion on the capability of the adoptive parent(s).

Required Documents for Court Process

 To adopt a child in Kenya, one needs to provide the following documents: 

  •  2 full-sized recent photos of the applicant(s), 
  • a copy of ID for Kenyan citizens, a marriage certificate (where necessary), 
  • a medical report of the adoptive parent, 
  • proof of financial status (pay slip, bank statement, etc.), 
  • the child’s birth certificate, 
  • a copy of the child’s school progress report (if the child is a school-going child),
  • a children officer’s report, a death certificate (if the child’s parents are deceased), 
  • a chief’s letter, 
  • proof of home ownership, 
  • birth certificates of any children the adoptive parent may have, 
  • certificates of good conduct.

Eligibility

To adopt a child in Kenya, one must meet the following prerequisites:

  • Must be aged between 25 and 65.
  • Must be 21 years older than the child they wish to adopt.
  • Must be the mother or father of the child.
  • In case of a joint application, the couple must have been married to one another for at least three years.
  • Single applicants (male or female) cannot adopt children of the opposite sex unless under special circumstances.
  • A sole foreign female applicant can only adopt under special circumstances.
  • A relative to the child if the relative has been taking care of the child. This is known as kinship adoption.
  • The adoptive parent and the child must be resident in Kenya for six months at the time of the proposed adoption.

For a child to be adopted in Kenya, the child must meet the following eligibility criteria:

  • The child must be at least one year and have been declared free for adoption

 

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Comments

Davis Nyakundi said…
Great insights on adoption especially now that the new Children's act 2022 is out.
March 28, 2023 at 9:38 AM
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