In the Matter of the Adoption of Baby K B O alias K B O by G K and S P
The bottom line
#Meeting strict international adoption criteria and proving the child's best interest is the deciding factor in Kenyan courts.
What this practically means
#Executive summary
#Key legal issues
#Conditions for international adoption
The applicants met all three conditions: approval by German authorities, approval by the National Adoption Committee, and sufficient custody/bonding period
The court evaluated reports from the foreign adoption society, the local adoption society, the Director of Children's Services and the guardian ad litem, all favourable. The applicants had custody since 17th May 2013, exceeding three months, and demonstrated financial and emotional capability.
Best interest of the child
The adoption was allowed because it was in the child's best interest
Having evaluated all reports on record and the applicants' application, the court found the adoption in the child's best interest, supported by the bonding evident in the reports and the applicants' undertakings on post-adoption supervision and parental responsibility.
Legal principles established
#- For an international adoption, the foreign applicants must be approved by the relevant adoption authorities in their country of origin
- Foreign applicants must also be approved by the National Adoption Committee in Kenya to adopt a child in Kenya
- Applicants must have custody of the child for a bonding period of not less than three months
- Consent of biological parents may be dispensed with where efforts to trace them have failed and no one has come forward to claim the child
Court orders
#- 1.The applicants G K and S P are authorized to adopt baby K B O alias K B O
- 2.The child shall henceforth be known as K O K
- 3.The date of birth of the child shall be 27th February 2011 and the place of birth Nakuru, Kenya
- 4.S L, a friend of the applicants, is appointed legal guardian of the child should misfortune befall the applicants
- 5.The Registrar General is directed to enter the order in the Adoption Register
- 6.The guardian ad litem is discharged
- 7.Consent of the biological parents to the adoption is dispensed with
- Jurisdiction invoked
- Adoption jurisdiction under the Children Act (adoption proceedings; international adoption conditions)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In the Matter of the Adoption of Baby K B O alias K B O by G K and S P", Case Analysis (2014). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.