The application for adoption is usually filed in the High Court of Kenya.
For a child to qualify for adoption the child must be at least six (6) weeks old and less than 18
years old and must be declared free for adoption by a registered adoption society.
The applicant must have attained the age of twenty-five years and must be at least twenty-one
years older than the child but has not attained the age of sixty-five years;
However, 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.
The following children may be eligible for adoption: –
 A child who is abandoned and the whereabouts of the parents/guardians are
unknown.
 A child who is an orphan and there is no guardian/caregiver who is willing to take care
of the child.
 The parents/guardians of the child have given consent for the child to be adopted
(Parent Offer Adoptions).
 The child requires an alternative permanent placement.
Before the adoption process can commence you need to obtain a report from a registered
adoption society confirming that you are fit to adopt and obtain a certificate from the adoption
agency confirming that the child is free for adoption.
The report is a mandatory requirement and is usually filed in Court together with the
application of adoption.
There are quite a number of registered adoption societies and we will guide you on the most
appropriate one based on your circumstances and budget.
Once the report is ready we can commence the adoption court process.
Upon application for adoption the Court first issues guardian-ship orders & thereafter
adoption orders.
The following are required in order to commence the court adoption process: –
a) The report by a registered adoption society
b) Photocopies of the following documents: –
(i)
The Minor’s Birth Certificate.
(ii)
(iii)
c)
Your Passport and/or IDs.
Your Marriage Certificate, if any.
Details of your age, profession, income, other children, employment, business,
religion.
d)
e)
f)
Details of the child’s parents and letter confirming their consent to the adoption
(in case of a parent offer adoption).
Certificate declaring the child fit for adoption, final letter from the police
declaring that the child has not been claimed and committal order from the court
committing the child to a children’s home (in case of an abandoned child).
Financial statements to show your ability to care for the child
g) Letter from a person(s) who would be the legal guardian(s) and who is required to
take over the child should anything happen to you. All we need is the name and a
letter from the guardian confirming his/her willingness to act as such guardian.
The guardian can also be a couple.
h) Name and address (including Tel. No.) of the person who will act as guardian ad
litem (during the suit). A Guardian ad litem should be an adult person present in
Kenya and able to come to Court for a minimum of two occasions. The Guardian ad
litem will also be required not to be a relative and to have objective distance from
the child to enable her/him compile a report for the Court confirming whether the
proposed adoption is in the best interests of the child. The role of the guardian ad
litem terminates once the adoption is granted.
i) Full particulars of a person who is familiar with the guardian ad litem. This person
is required to sign an affidavit to the effect that they know the guardian ad litem as
a person of good judgment, integrity and honesty.
TO BE PROVIDED BY THE CHILDREN’S DEPARTMENT
a)
Investigative/Evaluative Report on fitness to adopt
TO BE PROVIDED BY THE REGISTERED SOCIETY
a) Approval to the adoption / Declaration that the Child is free for adoption
Kindly get in touch for further advice and for processing of your child adoption.