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High CourtAllowed

In re Adoption of Baby M.B by J.K.M and F.K.K

High Court of Kenya
4 April 2013
LKL. Kimaru
543 words in judgment
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The bottom line

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If a child is abandoned and untraceable, the court can grant adoption even without parental consent, provided the applicants meet all legal standards.

What this practically means

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Executive summary

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J.K.M and F.K.K, a married couple since 1997 with one adult biological child, applied to the High Court to adopt Baby M.B, a child found abandoned at Posta grounds along Ngong Road on 4th May 2010 and reported to Kilimani Police Station the same day. The child was placed in the care of New Life Home Trust, committed to that home by the Nairobi Children's Court on 16th July 2010 pending formal adoption, and placed in the applicants' custody on 27th January 2011 under a foster care agreement for mandatory foster care pending adoption. Little Angel Network, the Adoption Society, filed a favourable report and issued a certificate dated 19th January 2011 declaring the child free for adoption. The Director of Children's Services and the guardian ad litem, J.N.N, also filed favourable reports recommending the adoption. Kimaru J characterised the adoption as a local adoption and found that the applicants had fulfilled all legal requirements. The consent of the biological parents was dispensed with because the child was abandoned at birth and the parents could not be traced. Home visits established the applicants' financial capability to provide for the child's upkeep and education, and the court observed that the child had bonded well with the applicants and considered them her parents. The court held the adoption was in the child's best interest, allowed it, renamed the child M.M.K with a date of birth of 4th May 2010, appointed S.K.G as legal guardian in the event of such eventuality, directed the Registrar General to enter the order in the adoption register, and discharged the guardian ad litem.

Key legal issues

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01

Whether the applicants fulfilled the legal requirements for adoption

Holding

The court found the applicants qualified and able, with financial capability established through home visits by the guardian ad litem, the Adoption Society and the Director of Children's Services.

Reasoning

The court relied on favourable reports from the Adoption Society (which issued a freeing certificate), the Director of Children's Services and the guardian ad litem, plus home visits establishing financial capability, and observed the bonding between the applicants and the child in court.

p. 2
02

Whether the adoption was in the child's best interest

Holding

The court formed the opinion that adoption by the applicants was in the best interest of the child, who had bonded with them and considered them her parents.

Reasoning

The child had been in the applicants' continuous custody and care since January 2011 under a foster care agreement, had bonded well with them, and considered them her parents; all reports recommended the adoption.

p. 2

Legal principles established

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  • Consent of biological parents may be dispensed with where a child was abandoned at birth and the parents cannot be traced

Court orders

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  1. 1.The applicants J.K.M and F.K.K are allowed to adopt Baby M.B
  2. 2.The child shall henceforth be known as M.M.K
  3. 3.The child's date of birth shall be 4th May 2010
  4. 4.S.K.G, the 2nd applicant's biological daughter, appointed legal guardian of the child should such eventuality arise
  5. 5.The Registrar General directed to enter the order in the adoption register
  6. 6.The guardian ad litem discharged
Jurisdiction invoked
Statutory jurisdiction over adoption of children (adoption legislation); not expressly cited in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Adoption of Baby M.B by J.K.M and F.K.K", Case Analysis (2013). . Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.