This archive report was first published on 18 June 2020.
Adoption is a complex process in Kenya, governed by the Children's Act and the Constitution. If you're considering adopting a child who lives with you, it's essential to understand the legal requirements and procedures involved.
According to the law, adoption is the legal process by which a child becomes the child of another or other persons other than their natural or biological parents. This process involves a permanent transfer of rights and responsibilities from the biological parents to the adopters.
Four Key Assumptions ¶
To address your question, we'll consider four assumptions: you wish to adopt a child unrelated to both you and your spouse but living in your home; you seek to adopt a child related to you or your spouse; the child in your custody has traceable biological parents or guardians; and the legal consent you seek is in the best interests of a child over six weeks old but under 18 years.
Assuming these conditions are met, we'll explore the legal requirements for adoption in Kenya.
Scenario One: Adopting an Unrelated Child ¶
If the child you seek to adopt is unrelated to either you or your spouse, you'll need to obtain consent from the biological parents or guardians if they're traceable. However, this consent may be waived if the biological parents have abandoned the child or are permanently separated.
Section 157 of the Children's Act requires that the live-in situation with the child be at least three months. If the child is 14 years or older, their consent will be necessary for the adoption process.
Scenario Two: Kinship Adoption ¶
If the child you seek to adopt is a son or daughter to you or your spouse, you'll need to obtain consent from the other biological parent outside this union. This is known as kinship adoption. However, this consent may be waived if the parent seeking adoption can prove that the other parent has shown no concern for parenting obligations.
As with scenario one, any child 14 years or older will need to consent to the adoption process.
Additional Requirements ¶
Adoption processes in Kenya also require the would-be adopter or adopters to be of sound mind, without a history of insanity, and to be aged 25 or over but not exceeding 65. If the applicants are a couple, their marriage must have been in existence for at least three years. The law also prohibits single men from adopting baby girls and single women from adopting baby boys, as well as unmarried couples and homosexuals from adopting children.
Furthermore, the court may direct that certain issues be clarified in the best interests of the child, such as the quality of the applicants' home and environment, their capacity to educate the child, and their ability to provide reliable healthcare and meet the child's basic needs.
