The legal and court process
After the three month mandatory period, the legal process should kick off. The adopting will require a lawyer or opt for self-representation, the appointment of the guardian ad litem and a report of the children’s department.
The Children’s Court finalises on all the adoption matters. The ability to support and educate the child are examined by the court which may or may not allow the adoption. The social worker may give an opinion on the capability of the adoptive parent(s).
Adoptive Parent(s): What do you require?
For a couple that wishes to adopt, you must have been in a marital relationship for at least three years. A person who is married to the child’s parent can only adopt with the other biological parent’s consent. A single person between 25 and 65 years of age.
A relative to the child if the relative has been taking care of the child. This is known as kinship adoption.
The age gap between the child and the adopting parent should be more than 21 years.
The adoptive parent and the child must be resident in Kenya for six months at the time of the proposed adoption. The applicant should be in possession of the child granting continuous care for three months consecutively before submission of the application for the adoption order.
Adoptive child: Who can be adopted?
- The child must be below the age of 18 years and residing in Kenya may be adopted as long as;
- The child is abandoned and the whereabouts of the parents/guardians are unknown.
- The child 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.