MODALITIES FOR ADOPTION IN KENYA

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

The following children may be eligible for adoption: –

• A child who is abandoned and the whereabouts of the parents/guardians are
• 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

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: –

1. The report by a registered adoption society
2. Photocopies of the following documents: –
   • The Minor’s Birth
   • Your Passport and/or
   • Your Marriage Certificate, if

1. Details of your age, profession, income, other children, employment, business,
2. Details of the child’s parents and letter confirming their consent to the adoption (in case of a parent offer adoption).
3. 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).
4. Financial statements to show your ability to care for the child
5. 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.
6. 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 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.

1. Full particulars of a person who is familiar with the guardian ad 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

1. Investigative/Evaluative Report on fitness to adopt

TO BE PROVIDED BY THE REGISTERED SOCIETY

1. 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.