In re LAC (Baby) (Adoption Cause E004 of 2026) [2026] KEHC 1824 (KLR) (Family) (20 February 2026) (Judgment) Neutral citation: [2026] KEHC 1824 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E004 OF 2026 PM NYAUNDI, J FEBRUARY 20, 2026 IN THE MATTER OF THE CHILREN ACT 2022 AND IN THE MATTER OF BABY LAC IN THE MATTER OF GWN ..................................................................................................... 1ST APPLICANT SRC ...................................................................................................... 2ND APPLICANT JUDGMENT 1. 2. Vide Exparte Originating Summons, dated 14th January, 2026 the Applicants herein seeks the following orders, that:i. They be authorized to adopt Baby LAC a minor who is to be known as LAC and the Registrar General be directed to enter this adoption into the register of Adoptions. ii. MMM and CNM be appointed as the legal guardians of the minor child who shall be presumed to have been born in Kenya. This is a joint application by the Applicants who are legally married as per the marriage certificate serial number 21xxx8/2017 and they reside in Australia Sydney. The 1st Applicant is a holder of dual citizenship from Kenya and Australian respectively while the 2nd Applicants holds Australian Citizenship. The 1st Applicant is a Social Worker employed at [Particulars Withheld] Australia while 2nd Applicant is a self-employed Landscaper in Australia hence financial stable to take good care of the child. They have for a long period had the desire to expand their family but they have been unable to have their own children due to reasons beyond their control which prompted them to look for alternative ways of having a child where they settled on surrogacy. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1824/eng@2026-02-20 1
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3. The Applicants affirmed that understand the legal implications of the adoption order as they are aware that the child will have full rights as would a biological child and the order is not reversible. They have had custody of the child since 9th October, 2025. The child is 4 months old. 4. BABY LAC (a female minor herein) is presumed to have been born on 9th October 2025, through surrogacy. Consequently, the Applicants entered into a Gestational Surrogacy Agreement with LWK on 1st February, 2025 as per annexed copy of Gestational Surrogacy Agreement where L fully and willingly consented to be Gestational Carrier of the child. 5. It is said that the 2nd Applicant, the genetic parent, provided the means to fertilize in vitro the ovum from an anonymous donor for transfer and implantation into the Gestational Carrier who would then carry the ovum/embryo to term. Additional LWK, Gestational Carrier gave birth to the child on 9th October 2025 at Janice Hospital and she was issued with an Acknowledgment of Birth Notification Serial Number 48xxxx9 and birth certificate serial number 36xxxx3. After the birth, L relinquished her parental and custody rights towards the child to the Applicants. 6. Thereafter, the Applicants and the Gestational Carrier L approached Little Angels Network for legal adoption. They were taken through an explanatory memorandum and there duly signed Certificate of Acknowledgement were obtained. Consequently, the adoption society Committee, prepared a declaration report on 11th December, 2025 and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number 002614 with accordance with Section 184 (1) (a) of the Children Act, 2022. Thereafter, the minor was placed with the Applicants for the mandatory bonding. 7. Little Angels Network submitted report in respect of the proposed adoption of the child by the Applicants recommending that this Court allows the Applicants to adopt the child. Another favourable report dated 20th January 2026, from County Director for Children Services stating that after observation, the Applicants demonstrated emotional stability, financially capacity, a supportive home environment and a clear commitment to acting in the best interests of the child by providing the child with a secure and permanent family placement. The Applicants are clear of any criminal claim as evidenced by Certificates of Good Conduct annexed The Officer asserted that the Applicants have met the legal requirements for Kinship adoption as stipulated by the Children Act 2022 thus recommended the adoption process. Another report dated 7th February, 2026 from Guardian Ad litem recommending the Applicants to adopt the child. 8. MMM and CNM consented to be appointed Legal Guardians in the event the Applicants are unable to discharge their responsibilities as they will assume full parental responsibility according to adoption orders. 9. The Court observes the minor. Though young and unable to communicate it is evident that the applicants have bonded well with the child. Determination 10. In light of the best interests of the Child principle provided for under Article 53 (2) of the Constitution of Kenya, Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1st Schedule of the Children’s Act No. 29 of 2022, this Court has an obligation to prioritize the Child’s best interests in making decisions touching on her. Article 53 of the Constitution, 2010 states that a Child’s best interests are of paramount importance in every matter concerning the Child. 11. The report from the Ministry of Labour and Social Protection State Department for Social Security and Protection Directorate of Children’s Services, the report from the Little Angels Network Trust, https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1824/eng@2026-02-20 2
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the guardian ad litem and the proposed legal guardians indicate that the Child has bonded well with the Applicants and that she will be well taken care of in her care and custody. The Surrogacy Agreement in this case is squarely detailed. The surrogate mother has not only signed a consent form but also attended Court, where her voluntary consent was formally acknowledged. 12. Legally surrogacy arrangements are valid and have been upheld in other jurisdictions. The Kenyan state has been slow in passing legislation to deal with surrogacy arrangements, that however should not in my view affect the legality of such arrangements so long as they are entered into freely by consenting adults and are in the best interests of the child the subject of the arrangements. In my view the child in this case will not be prejudiced in any way, and the present arrangements are in her best interests. 13. In the circumstances, I allow the Originating Summons dated 14th January, 2026 and make the following orders: a. The Applicants, GWN and SRC are hereby allowed to adopt Baby LAC. b. Henceforth, the child shall be known as LAC. c. Her date of birth shall be 9th october 2025. d. She is presumed to be a Citizen of Kenya by birth. e. MMM and CNM are hereby appointed as Legal Guardians of the child. f. The Registrar General to enter this order in the Adoption Children Register. g. The Registrar General to issue a Birth Certificate in respect of the child. h. The Director Immigration is authorised to issue the child with a Kenyan Passport. i. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 20TH DAY OF FEBRUARY, 2026. P. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1824/eng@2026-02-20 3
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