Understanding Adoption Laws in Kenya

Adopting a child in Kenya is a regulated process governed by the Children Act. This legal framework ensures that the best interests of the child are upheld throughout the adoption journey. Whether the child is a Kenyan citizen or not, residing in Kenya or born elsewhere, the Children Act applies to all adoption cases within the country.

Types of Adoptions Recognized in Kenya

 

1. 1. Kinship Adoption: Involves adopting a child who is a relative of the applicant.

1. 1. Local Adoption: Pertains to adopting a child residing in Kenya by Kenyan nationals.

1. Foreign Adoption: Involves adoption by foreign nationals or Kenyan citizens with dual citizenship.

Eligibility Criteria for Adopting a Child

 

• • The applicant must be between 25 and 65 years old.

• • The applicant(s) should be at least 21 years older than the child.

• Eligible children for adoption include orphans, abandoned children, and those willingly offered for adoption by their biological parents.

The Adoption Process in Kenya

 

1. 1. Initial Steps: Visit a Registered Adoption Society to initiate the adoption process.

1. 1. Assessment and Evaluation: Both the applicant(s) and the child will be assessed by the adoption society.

1. 1. Declaration of Child’s Eligibility: The adoption society will issue a certificate declaring the child free for adoption and prepare a report.

1. 1. Care Period: The child must be under the care of the applicant(s) for a minimum of 3 months.

1. 1. Court Application: After the care period, file an application in court for adoption.

1. 1. Court Approval: The High Court will review the application and issue an adoption order if all conditions are met.

1. Registration: Register the adoption order with the Registrar General of Adoption for the child’s name to be entered into the Adopted Children Register.

Specifics for Kinship Adoption

If you are adopting your relative, the adoption society will assess both you and the child, issue a certificate declaring the child free for adoption, and prepare a report. Remember, the child must be in your continuous care for 3 months before proceeding with the court application. By following the legal procedures outlined in the Children Act, you can navigate the adoption process in Kenya smoothly and provide a loving home for a child in need.

Remember: The above is not specific legal advice for you. Always consult a lawyer to determine the best option for your specific situation

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