Introduction

Adoption in Kenya is a formal legal process governed by the Children Act, 2022. It allows a person to assume permanent parental responsibility for a child who is legally available for adoption. While domestic adoptions are ongoing, international adoptions are currently under a government moratorium. At F.M. Muteti & Co. Advocates, we support clients through every legal step of the adoption journey, ensuring compliance and protection of the child’s best interests.

Who is Allowed For Child Adoption in Kenya?

The Children Act, 2022 permits adoption by individuals who:

  1. Are at least 25 years old and 21 years older than the child.
  2. Have no criminal record related to child abuse or neglect.
  3. Are of sound mind and good moral standing.
  4. Are financially and emotionally stable.

Married couples may adopt jointly, and single persons may adopt under certain conditions. Foreigners are currently restricted due to the moratorium on inter-country adoption.

Current Status of International Adoption in Kenya

As of 2014, the Government of Kenya imposed a moratorium on international (inter-country) adoptions. This means that foreign nationals are not allowed to adopt Kenyan children, except in limited circumstances such as kinship adoption or where special exemptions are granted by the Cabinet Secretary. The ban remains in effect as of 2025.

Types of Adoption in Kenya

  1. Local Adoption – Kenyan citizen adopting a Kenyan child.
  2. Kinship Adoption – Adoption by a relative within the extended family.
  3. Step-parent Adoption – A spouse adopts their partner’s child.
  4. Special Needs Adoption – For children with medical or social special needs.

The Legal Process of Adoption in Kenya

Step 1: Apply through a Registered Adoption Society

Start the process with a licensed Adoption Society (e.g. Child Welfare Society of Kenya, Little Angels Network). They will:

  1. Interview you,
  2. Conduct home visits and assessments,
  3. Provide pre-adoption counseling.

Step 2: Matching and Foster Care Placement

Once approved, the society matches you with a child and facilitates placement under foster care for a minimum of 3 months, during which bonding is monitored.

Step 3: File a Case at the High Court of Kenya

After the foster care period, a formal adoption application is filed at the High Court, not the Children’s Court. The High Court has exclusive jurisdiction to issue Adoption Orders.

Step 4: Appointment of a Guardian ad Litem

The Court appoints a Guardian ad Litem to independently represent the child’s best interests throughout the proceedings.

Step 5: Director of Children Services Report

A detailed report from the Director of Children Services is required. It includes findings from home visits, family interviews, and social background checks.

Step 6: High Court Hearing and Determination

During the court hearing, all parties—applicant, Guardian ad Litem, adoption society, and Children Services—present their reports and evidence. The court considers:

  1. The best interests of the child,
  2. The suitability of the applicant,
  3. Compliance with the legal requirements.

If satisfied, the court issues a Final Adoption Order.

Step 7: Registration of Adoption Order

The Adoption Order is then registered with the Registrar General, and an Adoption Certificate is issued. The child is also eligible for a new birth certificate listing the adoptive parent(s) as the legal parents.

Legal Effects of Child Adoption in Kenya

  1. The adoptive parents assume full parental rights and responsibilities.
  2. The biological parent-child relationship is permanently extinguished.
  3. The adopted child gains inheritance rights from the adoptive family.
  4. The adoption is permanent and irrevocable, except in cases of fraud or serious legal defects.

Why You Need a Lawyer

Adoption is a highly regulated legal process involving multiple agencies and legal requirements. At F.M. Muteti & Co. Advocates, our team of child lawyers in Kenya will provide:

  1. Legal guidance from start to finish,
  2. Drafting and filing of court pleadings,
  3. Representation in the High Court,
  4. Coordination with adoption societies and the Registrar General.

Conclusion

Child Adoption in Kenya is a noble and rewarding path to parenthood. However, it is critical to follow the correct legal channels and obtain professional support. With the right guidance, you can navigate the process smoothly while ensuring the child’s welfare and your legal rights.