Children Law &
Child Adoption
Lawyers in Kenya

Yes, but inter-country adoption is subject to additional requirements under the Children Act 2022 and the Hague Convention on Inter-Country Adoption (where the receiving country is a signatory). The applicant must demonstrate that adoption serves the child's best interests and that suitable placement was not available domestically. The process involves certification from both the Kenyan Central Authority and the receiving country's Central Authority, an extended bonding period, home study reports from accredited agencies in both countries and a court hearing. We guide foreign applicants through every step, including coordinating with overseas authorities.

Kenya's Children's Court applies the "best interests of the child" principle as the paramount consideration. Factors include: the child's physical, emotional and educational needs; the capacity of each parent to meet those needs; the child's age and wishes (if mature enough); the effect of any change in circumstances; any history of domestic violence, abuse or neglect; and the desirability of maintaining sibling relationships. The court may also appoint a children's officer or guardian ad litem to investigate and report. There is no automatic presumption in favour of either parent — the decision is made case-by-case.

The domestic adoption process typically takes 6–18 months from the initial application to the granting of the adoption order, depending on the complexity of the case and the court's schedule. This includes the Adoption Committee assessment, the bonding period (usually 3–6 months), home study reports and the court hearing. Inter-country adoptions generally take longer — often 12–24 months — due to additional Central Authority approvals and dual-country compliance requirements. Having a specialist lawyer can help avoid delays caused by documentation errors or procedural missteps.

A guardianship order is a court order appointing a person to have legal responsibility for a child's upbringing when the child's parents are deceased, missing, incapacitated or otherwise unable to care for the child. Guardianship applications are filed in the High Court. Unlike adoption, guardianship does not sever the legal relationship between the child and their biological parents/family. Guardianship is commonly sought by grandparents, aunts, uncles or close family friends caring for orphaned or abandoned children. We prepare and file all necessary documentation and represent applicants through the entire court process.

Yes. Under the Children Act 2022, any person — including a parent, relative, children's officer, police officer or concerned community member — can apply to the Children's Court for a care order or protection order if a child is at risk of significant harm. This includes cases of physical or sexual abuse, neglect, child labour, child trafficking, FGM, child marriage and exploitation. The court can place the child in the care of a fit person, a children's institution or under the supervision of a children's officer. We also apply for emergency rescue orders where immediate intervention is necessary to remove a child from danger.