Adopting a Child Requirements in Kenya

Adopting a Child in Kenya involves a legal process that must be followed carefully. Please note that adoption laws and procedures may change, so it’s essential to consult with legal professionals or adoption agencies in Kenya for the most up-to-date information.

Educate yourself about the adoption process in Kenya, including the requirements, eligibility criteria, and legal steps involved. You can start by researching online, contacting adoption agencies, or consulting with legal experts.

Adopting Child Requirements

• the child must be at least six (6) weeks old and less than 18 years old;
• the child must be declared free for adoption by the adoption society;
• the applicant must have attained the age of twenty-five years and is at least twenty-one years older than the child but has not attained the age of sixty-five years;
• an adoption order cannot be issued in favor of the following persons unless the court is satisfied that there are special circumstances that justify the making of an adoption order:
  • a sole male applicant in respect of a female child;
  • a sole female applicant in respect of a male child;
  • an applicant or joint applicants who has or both have attained the age of sixty-five years;
  • a sole foreign female applicant.

where to file: any high court in the Republic of Kenya.

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what is required by the courts:

1. for abandoned children

• a certificate declaring the child free for adoption – issued by the adoption society;
• recommendation of the adopters by the director of children’s services;
• the final letter from a police station stating that the child has not been claimed;
• committal order – issued by the magistrate’s court committing a child to a children’s home.

2. where one of the biological parents remarries or

    where a relative/ friend/ guardian is adopting (i):

• recommendation of the adopters by the director of children’s services;
• marriage certificate if one of the biological parents has remarried

3. where one of the biological parents re-marries or

    where a relative/ friend/ guardian is adopting (ii)

• consent from the biological parent/guardian
• waiver of consent if the biological parent cannot be traced (the court issues waiver)
• birth certificate

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4. adoption order

the court will upon being satisfied that the child is free for adoption and the adopter is fit to adopt issue an adoption order.

Role of the registrar general in the adoption process

The Registrar General registers adoptions once an adoption order is issued by the court

to register an adoption, the registrar general requires:

• Original adoption order issued in court – must have a schedule
• copies of documents listed in part 2
• the registrar shall upon receipt of the documents issue an adoption certificate within 7 days.
• registration fee is kshs 100/=

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