In Kenya, the journey of a successful child adoption is one of the most fulfilling legal processes that transforms lives and builds families. However, it can also be complex and emotionally charged, given the myriad legal steps involved. At F.M. Muteti & Co. Advocates, we understand that for many prospective parents, child adoption in Kenya represents the culmination of dreams, and we are here to guide you through the process, making it seamless, compassionate, and professionally handled from start to finish.
What is Child Adoption in Kenya?
Child adoption in Kenya is more than just a legal formality—it is a binding legal process through which all parental rights and responsibilities are transferred to the adoptive parents. The adopted child becomes, for all legal purposes, the child of the adoptive parents, with the same rights as a biological child. Governed by the Children’s Act 2022, the Constitution of Kenya 2010, and international treaties such as The Hague Convention, the process of child adoption in Kenya ensures that the best interests of the child are always upheld.
The Types of Child Adoptions in Kenya
At F.M. Muteti & Co. Advocates, we specialize in assisting with all types of child adoptions in Kenya, whether it is a local adoption, kinship adoption, or foreign adoption. Each type has specific requirements and processes, and we tailor our approach to ensure that every client’s unique circumstances are fully addressed. The types are briefly summarized as below:
- Kinship Adoption: This type of adoption takes place within the family, involving close relatives such as aunts, uncles, or grandparents who wish to adopt a child.
- Local Adoption: Local adoption is open to Kenyan citizens or permanent residents living within the country. The child in question must also be a resident of Kenya.
- Foreign Adoption: Although there is an indefinite moratorium on inter-country adoptions for foreigners, special circumstances may still allow foreign nationals, particularly those with dual citizenship or strong ties to Kenya, to adopt. This moratorium, which was implemented on 27th November, 2014, prohibits inter-country adoptions by foreigners but does not impact Kenyan citizens, even those residing abroad. Under Article 16 of Kenya’s Constitution, dual citizenship is recognized, allowing Kenyans abroad to adopt as domestic adopters. For Kenyans living abroad, adoption of a Kenyan child follows the domestic adoption process, and is therefore categorized as a local adoption.
Who can be adopted?
In Kenya, a child who meets the following criteria can be adopted:
- The child must be at least six weeks old and under 18 years of age.
- The child must be declared free for adoption by a registered adoption society.
- A child who has been abandoned, orphaned, or whose parents’ or guardians’ whereabouts cannot be traced for over a year is eligible.
- Children willingly offered for adoption by their biological parents under proper regulations.
- The child must be a resident of Kenya, regardless of citizenship.
Are You Eligible to Adopt?
When you choose to adopt, the first step is determining eligibility. According to Kenyan law, the following key criteria must be met:
- You must be at least 25 years old and 21 years older than the child you wish to adopt.
- If adopting as a couple, you should be legally married.
- The law sets a maximum age of 65 years for adoption.
- Sole applicants should generally not be male adopting a female child or female adopting a male child unless the court allows it based on exceptional reasons.
- You must be free from criminal offenses, particularly those involving children or violence, and have the mental capacity to care for a child.
Steps in the Child Adoption in Kenya Process: Simplified for You
1. Initial Consultation and Assessment
Your journey begins with an initial consultation where we discuss your motivations, eligibility, and expectations. We then guide you to register with a licensed adoption society—a mandatory first step. The adoption society will evaluate your suitability through home visits, interviews, and background checks to ensure you can provide a safe and nurturing environment for the child.
2. Declaration of Freedom for Adoption
Once the adoption society confirms that the child is eligible for adoption, they will formulate a formal report that will form the basis of the High Court proceeding and issue a certificate declaring the child free for adoption.
3. Application for Adoption
After the child has been in your care for at least three months, you can then proceed to file a formal child adoption application in the High Court. This application includes critical documents like the child’s birth certificate, medical reports, the adoption society’s assessment, and your own personal details such as marriage certificates (for couples) and police clearance.
4. Court Proceedings and Guardian Ad Litem
Once the application is filed, the court will appoint a guardian ad litem. This individual represents the child’s interests during the adoption process. They investigate the circumstances surrounding the adoption, ensuring that the child is placed in the best possible environment. Court hearings are held in private to maintain confidentiality and protect the child’s identity.
5. The Adoption Order
After careful review, the court will issue an adoption order if satisfied that all legal criteria have been met and that the adoption is in the child’s best interest. This order legally transfers parental rights and responsibilities to the adoptive parents. You will also receive a new birth certificate for the child, listing you as the parents.
6. Post-Adoption Registration
Following the court’s ruling, the adoption is registered with the Registrar General, and the child’s details are entered into the Adopted Children Register. At this point, your journey to legally becoming the child’s parent is complete.
7. Turnaround Time
The child adoption process in Kenya typically takes 3 to 6 months, depending on several factors such as:
- Speed of the adoption agency;
- Speed of the presiding judge;
- Case backlog in the court station; and
- Completeness and accuracy of documents filed.
Conclusion
If you’re considering child adoption in Kenya, F.M. Muteti & Co. Advocates is your trusted partner in turning that dream into reality. Our team of experienced child adoption lawyers in Nairobi is dedicated to making the process as straightforward, supportive, and rewarding as possible. Contact us today to schedule a consultation and take the first step towards bringing a child into your family.
