Introduction
Adopting a child in Kenya is a profound and life-changing decision, one that creates families and transforms lives. However, the legal child adoption process in Kenya can be intricate, governed by the Children’s Act, 2022, the Constitution, and international conventions. This guide by F.M Muteti & Co. Advocates children adoption lawyers simplifies every step, requirement, and legal implication so you can confidently pursue adoption in Kenya.
What Is Child Adoption in Kenya?
Child adoption is a legal process whereby parental rights and responsibilities are permanently transferred to the adoptive parents. Under the law, the child becomes, in all respects, the legal child of those parents—entitled to inheritance, protection, and all other familial rights.
Types of Adoption in Kenya
F.M. Muteti & Co. Advocates outlines three main forms of adoption in Kenya
- Kinship Adoption – Carried out by relatives such as grandparents, aunts, uncles, or siblings.
- Local Adoption – For Kenyan citizens or permanent residents adopting children who live within Kenya.
- Foreign Adoption – Although Kenya has a moratorium on foreign adoptions since November 2014, Kenyans abroad or dual citizens may still adopt under special circumstances.
Step-by-Step Child Adoption Process in Kenya
1. Eligibility Assessment By an Adoption Agency
Prospective adoptive parents must approach an Adoption Agency and ought to be deemed suitable; emotionally, financially, and socially, to raise a child. The Adoption Agency conducts a thorough evaluation of your home environment, lifestyle, and capacity to care for a child. Upon completion of the assessment, the Adoption agency prepares a report which is forwarded to an adoption lawyer for filing in court.
2. An Application to the High Court.
Once the Adoption Agency completes its assessments, a lawyer files an adoption cause in the High Court of Kenya. A judge reviews the application, social reports, and consents. The court focuses on whether adoption serves the child’s best interests.
6. Grant of Adoption Order
If satisfied, the court issues an adoption order, legally recognizing the child as your child, with full parental rights.
7. Registration and Issuance of Certificate
The adoption is recorded in the national registry, and you receive an adoption certificate as proof of your legal parenthood.
Legal Context and Safeguards of Child Adoptions in Kenya
All adoptions in Kenya are governed by:
- Children’s Act, 2022
- Constitution of Kenya
- International agreements (e.g., the Hague Convention)
These statutes ensure the process is child-centered, ethical, and free from exploitation.
Timeline & Considerations
- The entire process takes an average of 8 months, depending on court schedules and social assessments.
- Foreign adoption may involve additional delays due to dual citizenship and travel logistics.
- Kenya’s inter-country adoption moratorium remains in place unless a special court order applies.
Conclusion
The child adoption process in Kenya is a life-affirming and legally significant journey. By following each statutory step—from eligibility assessment to court orders—you can ensure that the adoption is legal, secure, and in your child’s best interests.
Considering adoption in Kenya? Let us assist you.
At F.M. Muteti & Co. Advocates, our experienced family lawyers in Kenya team provides compassionate, expert legal support in every step of the adoption process, including:
- Home assessments & documentation
- Court representation and compliance
- Handling kinship, local, or foreign adoption cases
📍 Offices in Nairobi & Mombasa
📞 Call or WhatsApp us: +254 790 008888