The Process of adopting a child in Kenya
@2018-01-06 06:23:30

Introduction

People adopt children for various reasons. Sometimes it is because they cannot have children, others because they want more children, others want to take formal charge of decease relatives’ children, the list is endless. But how does one go about the adoption process?

Requirements

1. The child must have stayed with the prospective adoptive parent in Kenya for at least three months immediately before the application is made. Both the applicant and child should have been assessed by a registered adoption society in Kenya.
2. The prospective adoptive parent must be over 25 years old, but under 65 years old, and must be at least 21 years older than the child. However, this rule does not apply to relatives of the child.

Other requirements include:

1. Chief’s letter;
2. Copies of identification documentation of prospective adoptive parents;
3. Marriage certificate for couple wishing to adopt;
4. Medical report of adoptive parent;
5. Proof of financial status such as bank statements and pay slips;
6. Proof of home ownership;
7. Birth certificates of any children the adoptive parent may have; and
8. Certificates of good conduct.

The consent of child’s biological parents’ consent should be sought if they are alive. Consent of a child’s biological parent may, however, be dispensed if he/she had abandoned or persistently failed to maintain or take proper care of the child.

Who cannot adopt a child?

As per the children’s Act, a sole male applicant cannot adopt a female child, and a sole female applicant cannot adopt a male child unless there are special circumstances justifying it. Similarly, unless there are special circumstances justifying it, a sole foreign female applicant cannot adopt a child of any gender. Under no circumstances can a sole foreign male applicant adopt a child of any gender.

People of unsound mind, those who have been convicted of crimes against children, gays and lesbians and joint applicants who are not married to each other cannot adopt children in Kenya.

 The Process

The adoption process in Kenya consists of 5 stages. The child must be at least six weeks old and has been declared free for adoption by a registered adoption society before the process can begin.

In the orientation meeting, the prospective adopters visits an adoption agency. At this first stage, the officers of the agency explain the process and requirements of adoption, and issue application forms. The forms should be returned to them once filled.

The officers of the adoption agency then do a home visit at the home of the prospective adopters to assess its suitability for child welfare. The officers assess everything including the physical state of the house, the amenities available, standard of living, current relationship between husband and wife etc.

 If the home visit is successful, then the prospective adoptive parents are allowed to meet the child for bonding. If the bonding is deemed to be successful, then the child is released to the care of the prospective adoptive parents.

The fostering period takes not less than three months, during which a social worker will occasionally visit to ensure the relationship with the child is growing stronger and that the child has adjusted well in the new environment.

If the foster phase is successful, then an application will be made to court for an adoption order. An Adoption Order is final and the child cannot challenge it once he or she has reached the age of majority.

By: Edward Maroncha