Vision; A society where children become responsible citizens through fulfillment of their prescribed rights and welfare

Mission; To safeguard the rights and welfare of all children in Kenya through implementation of relevant policies, coordination, supervision and delivery of

What is Adoption

Adoption is the complete severance of the legal relationship between a child and his/her biological parent(s) and the establishment of a new legal relationship between the child and his/her adoptive parent(s). The child becomes as if born of the adoptive parent(s). He/she is separated finally and irrevocably from his biological parents and siblings.

Main Steps in Adoption

1. Declaration of a child as free for adoption by a registered adoption society in Kenya as per S156 Children Act. The child should be at least 6 weeks old
2. Assessment of prospective adoptive parents by a registered adoption society in Kenya as per S157 Children Act.
3. Placement of child with applicants by a duly registered adoption society.
4. Three months mandatory bonding period within the Republic of Kenya prior to filing matter before court.
5. Filing of adoption application before High Court-by an advocate of the High Court.
6. Issuance of adoption certificate by the Registrar General who maintains the adopted children’s register as per S169.

Steps to Anticipate in Court Over an Adoption Matter

Jurisdiction on adoption matters lies with the High Court(Sec154 Children Act)

1. Appointment of guardian ad litem
2. Hearing –may include reviewing the following : Adoption society assessment and freeing certificates ,guardian ad litem report, Director children services report , consents and other relevant documents filed.
3. Final adoption orders with or without conditions.

Legislation

1. The Children Act No 8 of 2001 part XII makes provisions for Adoption. These provisions are sections 154 – 183 inclusive.
2. The Children (Adoption) Regulations, May 2005,  provides detailed  guidelines on the adoption process.
3. The Hague Convention on Protection of Children and cooperation in Respect of International adoption-May 1993. Kenya became a state party to this convention W.e.f 1st June 2007.

Institutions Involved in the Adoption Process

Adoption is both a legal and social process. All the players have their role to play in a properly conducted adoption process.

1. The judiciary-High Court.

2. The adoption committee
Provided for in the Children Act and derived from the Hague Convention. It is
multidisciplinary and the first Adoption Committee was gazetted in May 2005.

3. Children’s Department
-The department of Children’s Services provides a secretariat to the Adoption Committee.
-The Department also provides an independent children’s officers’ report as envisaged under section 78 of the Children Act .This is whenever the High court in whose jurisdiction lies adoption mattersorders for the same.

4. Adoption Societies - There are a number of  adoption societies registeredto carry out arrangements for both local and international adoption. Their licenses are renewable annually.
For further information about the names and contacts of both local adoption societies and foreign agencies approved to make arrangements for adoptions in Kenya, contact the Adoption Secretariat in the address given.

5. Law society of Kenya – advocates of the High court of Kenya are mandated to file adoption matters.The society is also represented on the adoption committee.

6.Other important institutional stakeholders to the adoption process;

• Registrar General(maintains the adopted children’s register)as per section 169.
• Ministry of immigration and Registration of Persons (Department of Immigration)
• Foreign missions.
• Charitable children’s institutions

Who May Adopt

A) s158

i) A sole applicant or jointly two spouses where
ii) each or one of them is at least 25 years old and at least 21 years older than the child.
iii) A relative of the child.
ivi) The mother or father of the child

B) s.158(2)The following may adopt only if the court is satisfied there  are special circumstances

• 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 65 years.
• A sole foreign female applicant

Who may not adopt?S 158(3)

• A person who is not of sound mind.
• A person who has been charged or convicted previously of a child abuse offence
• A homo sexual
• Joint applicants if not married to each other
• A sole foreign male applicant

Importance of Consents in Adoption

• Before any adoption is effected, consent is required
• From parents, guardians or any person having parental responsibility over a child to be adopted
• For people not resident in Kenya, the consent of their courts or competent government authority
• The consent of a child who has attained the age of 14

NB; Consents can be dispensed with in the case of parents or guardians who have abandoned or neglected their children, or cannot be found, or unnecessarily withhold the consent or spouses separated permanently.

Download Detailed Adoption Regulations in PDF (117KB)