List of Licensed Adoption Societies
The Children Act,2022 defines adoption in Part I (Preliminary) as the process through which a child is permanently placed with a legal parent or parents.
What forms of Adoption are there in Kenya?
- Kinship adoption – adoption in relation to which adoption of a child by a person who is a relative to the child.
- Local adoption – adoption in relation to which the child is resident in Kenya and the adopting parent(s) are Kenyan nationals and residents in Kenya.
- Foreign adoption – adoption in relation to which;
- the adopting parent(s) are Kenyan nationals with dual citizenship,
- are foreign nationals whether or not residents in Kenya,
- are Kenyan nationals but are biologically related to the child and
- the adopting parents were once Kenyans but have lost their nationality.
- Buckner Adoption Society
- Little Angels Network
- Kenya Children’s Home
What are the functions of Adoption Societies?
- To examine and interview any applicant for an adoption order and make such inquiries.
- To make inquiries and investigations and cause such reports as shall be prescribed by the Court.
- Ensure that the parent or guardian of a child to whom the application relates understands the effect in relation to their rights.
- To prepare and submit records of children available for adoption to the Council.
- Maintain a register and records in respect of all or any children of whom arrangements for adoption have been made.
A sole applicant who has attained the age of twenty-five years, but is not above the age of sixty- five years and is the mother, father or relative of the child; or
Two spouses in a joint application, where one is more than twenty-one years older than the child or one of the joint applicants is the mother, father or relative of the child.
Who may not apply to adopt?
A sole male applicant, unless the applicant is a blood relative of the child.
Applicants who have, or both have, attained the age of sixty-five years unless the court is satisfied otherwise.
An applicant or joint applicants who are of;
- unsound mind within the meaning of the Mental Health Act,
- is incapable of exercising proper care and guardianship of a child
- has been convicted by a Court of competent jurisdiction for any of the offences against children or similar offences,
- in the case of joint applicants, if the applicants are not married to each other,
- is a sole male applicant except where the applicant is a biological relative of the child,
- is a foreign applicant except where the applicant is a biological relative of the child.
Where the application in the view of court that it is not in the best interest of the child to make the order.
Yes. In a joint application where one applicant is not the biological parent to the child. An adoption order shall be issued declaring both the declaring both applicants as the adoptive parents.
Why should I adopt my own child?
Adoption involves permanent severance of parental rights and responsibilities of the biological parents. To safeguard against this loss, the biological parent is enjoined in the application.
Yes. Where the applicant is a biological relative of the child.
Can a Kenyan citizen living abroad adopt a Kenyan child?
Yes.
Is one allowed to pre-select a child?
No. Except in the case of kinship adoption and where the applicant is a foster parent seeking to adopt a fostered child under the applicant’s care.
Can I give out my child to a specific person for adoption?
Yes, only in kinship adoption and it has to be done through an adoption society.
To safeguard the best interests of the child.
Minimum of 12 months from placement of the child to the court process completion.
In the children office.
The process will cost about Ksh. 15,000 payable to the Adoption Society.
This cost exempts advocates fees. However, self-representation is allowed.
Every actor has a role to play in the process of adoption and safeguarding the rights and welfare of the child.
To prove to the court that the applicant is able to provide basic needs for the child.
It is the process of informing the child that they are adopted and their adoption story.
Is disclosure necessary to the child?
Yes.
It’s in the best interest of the child.
It builds trust.
What is the right age to disclose to a child that is adopted?
There is no right age, however, disclosure can be done according to the evolving capacity of the child.
Who does the disclosure?
The parent does the disclosure; however, adoption societies can also assist in offering support by offering information. (Normalizing the talk on adoption by the parent) it’s not a one-off process its continuous.
How can one disclose to the child?
- Consider the age of the child
- It needs to be done with a lot of assurance
- It is not a one-time conversation
- Support the child as they process their emotions
- Helps the child trace their roots if there is sufficient information
For family cohesion and acceptability.
By consenting, the child’s rights to express opinion and views over the process is respected.
By consenting, it shows that children understand the implications of an adoption order.
- Helps to act as a safeguard for both parties involved.
- If the child’s parent/ guardian has persistently not been involved in the life of the child/ abandoned the child/ persistently failed/ ill-treated the child 187(1)(a), the court may dispense with the consent
No, the child becomes endangered by the other spouse.
16. Does the child’s biological mother need consent of other people to offer her child for adoption?
If the mother of the child is a minor, consent can come from her guardian(s). However, it is also advisable to get consents from the extended family members to ensure that the child is not deprived of the right to live within the family.
Yes. because at the time of preparing the secretary children services report, contact will be made to parents or guardians who have consented to adoption. There are times where the high court requires the parents or guardians who had consented, to appear in court to confirm that they gave their consent knowingly and without undue pressure.
Yes. Section 187 (1)(c) of the Children Act, 2022 allows for the court to issue orders where it is proven that the person whose consent is required cannot be found or is incapable of giving his or her consent or that his or her consent has been unreasonably withheld.
Section 190(2) of the Children Act, 2022 allows the court while reviewing an existing adoption order to give joint custody to a biological parent and an adoptive parent in cases where the child has been in the custody of the adoptive parents for more than 5 years and the child expresses her or his wish to maintain a relationship with the adoptive parents.
No. Legally it’s not mandatory but the adoptive parent’s preference would be okay.
- For the security of the child/stability
- As proof of marriage
- Requirement for adoption as joint applicants.
How long must one be married to qualify for adoption?
At least 3 Years.
Because adoption is a formal and permanent process and needs to be officiated in a High Court.
If the parents appointed a legal guardian, the legal guardian could have custody of the child as the issues are being resolved.
The best interest of the child should be considered.
You comply with the court rulings that give directions on the placement of the child to a safe place.
Adoption is one of the alternative care options in Kenya which has a degree of permanency in nature but section 190(1) allows for the court to review an adoption order on the grounds that the child was lost or abducted and the biological parent reported to the secretary and all measures to trace and re unite the child were not successful, and if it is in the best interest of the child to re unite with their biological parents.
No. Adoptive parent cannot return the adopted child. Once an adoption order is issued the child is permanently yours.
An adult appointed by the court to represent the best interest of the child.
To safeguard the interest of the child pending determination of the adoption proceedings.
To investigate and report to the court on the facts and circumstances relating to the adoption of the child.
A guardian is a person appointed by will or deed by a parent of a child or by an order of court to assume parental responsibility over a child on the death of the parent of the child either alone or jointly with the surviving parent of the child in accordance with the provisions of the Children Act, 2022.
Adoption is the process through which a child is permanently placed with a legal parent or parents. Adoption is finalized by the High Court.
Foster care is temporary placement of a child or children in the care of a person who is not the parent, relative or guardian of the child. This is finalized by the Directorate of Children Services.
Guardianship is appointment of a guardian by will or deed by a parent of a child or by an order of court to assume parental responsibility over a child on the death of the parent of the child either alone or jointly with the surviving parent.
31. Can I foster to adopt?
Foster care is temporary care for a child separated from their parents/ family. They are placed for one year, renewable up to 3 years. On assessment, the Secretary Children’s Services has the mandate to determine foster care should proceed to adoption or be terminated.
32. Is there any training for prospective adoptive parents?
There is no specific training manual for prospective adoptive parent but there are materials used for sensitization.
33. Will the government help to take care of the child after adoption?
No because the child now becomes equal to your biological ones.