Child adoption is great! You promise to give a child who is not of your flesh and blood, shelter, love, and warmth at no charge to the child now or in the future.
By doing so, you create a relationship that is legally regulated and at the same time, you may perhaps terminate an existing one. Adoption by law has the effect of transferring the parental rights and responsibilities to the adoptive parents and terminating the parental rights of the birth parents.
However, the adoption process in Kenya can be confusing to navigate when you don’t know how and where to start. The best way to approach adopting is to do it with an adoption lawyer to ensure you’re following the law, manage legal communication with the adoption agency, and to process the legal paperwork, including terminating biological rights.
Here’s the step-by-step process you must follow if you’re planning to adopt a child in Kenya.
Adoptive Child: Which Children Are Eligible for Adoption in Kenya?
Not all children in children rescue centres can be adopted. The child must be below 18 years of age and residing in Kenya. Other qualifications are:
- The child is abandoned and the whereabouts of the parents/guardians are unknown.
- The child is an orphan and there is no guardian, caregiver, or relative who is willing to take care of the child.
- The parents or guardians of the child have given consent for the child to be adopted, also known as parent-offer adoptions.
- The child must be at least six weeks old
- The child requires an alternative permanent placement.
- The child must be declared free for adoption by the adoption society
Requirements to Adopt a Child in Kenya
The law has specific requirements that adoptive parents must meet before beginning the process. These qualifications are meant to protect the child and ensure their safety and wellbeing at their adoptive homes.
You must meet the requirements below to adopt a child in Kenya:
- For couples, they must be married for at least three years.
- A person who is married to the child’s parent with the other biological parent’s consent.
- Adoptive parents must be between 25 and 65 years of age
- For kinship adoption, the adult must be a relative to the child if the relative has been taking care of the child.
- The age gap between the child and the adoptive parent should be more than 21 years.
- The adoptive parent and the child must have been a resident in Kenya for six months at the time of the proposed adoption.
- The applicant should have the child granting continuous care for three months consecutively before submission of the application for the adoption order.
The Process of Adopting a Child in Kenya
You cannot adopt a child in Kenya without an adoption agency. After making the decision, the first thing you should do is to find a reputable adoption agency in Kenya to facilitate the process.
Here’s the step-by-step process to adopt a child:
1. Orientation and Interview Meeting
To get started with adopting a child in Kenya, you must visit an adoption agency. Here, you’ll be taken through what to expect during the whole process, requirements you must fulfill, and the legal documents you must present.
The agency will also conduct a preliminary interview so they can understand your reasons and intention to adopt. After this, you’ll fill out and submit an application made of adoption forms and the required documents.
2. Initial Home Visit
If you meet the requirements and submit all the paperwork, the next steps are a background check to verify the information, a home visit to ascertain the environment is right to bring a child, and psychological assessment of the adopters to screen their readiness for parenthood.
Some of the specific things assessed include:
- The family situation of the adopters
- The home area security
- The adopter’s expectations of the child, i.e. age and sex
- Criminal records
- Employment verification
- Availability of physical space for the child
- Financial assessment to ensure the adopters can take care of the child
- Medical assessments to ensure good health
The home visit, done by a government social worker, takes 1 to 3 months and will cost a minimum of Ksh. 30,000. An assessment report is then made and if approved by the case committee, the adopting parents must visit a counselling centre for adoption mental health support and in preparation for the upcoming role.
3. Matching and Placement
If the adoption society or agency is satisfied with the home visit, they’ll match adopters with a child depending on:
- Parents’ preferences
- Agency’s professional judgements
- A child’s needs
The child and adopters are introduced to each other for bonding, which then leads to a fostering period.
4. Foster Care Period
When satisfied with their observation of the bonding, the agency places the child under the adopter’s care for a preliminary fostering period of at least 3 months.
During this period, the social worker regularly drops by to check on the relationship between the parent(s) and the child. The social worker also looks at how well the child is adjusting to the new environment.
5. Court and Legal Processing
After the foster care period and the agency is satisfied with the social worker’s reports the prospective parent(s) can now file for an order to adopt at the High Court. The court will appoint a guardian ad litem to oversee the child’s welfare during court proceedings.
The court will then hold a hearing for the adoption case, assess the documents, and determine if the adoption is in the best interests of the child. If all these are in favor, the court will issue a final adoption order and direct a registration of the same in the Adopted Children Register.
6. Issuance of a New Birth Certificate
Finally, the adoption order is presented to the attorney General’s office for the parent(s) to receive a new birth certificate listing them as the legal parents and terminating the child’s original birth record.
Timeline and Costs for the Adoption Process in Kenya
The entire adoption process in Kenya from the initial application to issuance of a new birth certificate takes around 8 months up to 24 months depending on the complexity of the case and court’s processing schedule.
The cost for adoption in Kenya ranges from Ksh. 60,000 to 200,000 and is made up of legal fees, adoption agency fees, court filing fees, medical examination, counselling costs, and birth certificate application. Foreign or international adoptions can cost up to Ksh. 1,000,000 due to the additional legal procedures, documents, background checks, and translation services.
Disclaimer: This article is meant for informational purposes only and should not be used as a substitute for a Lawyer’s advice. Consult a lawyer or legal practitioner before making any adoption decisions. Malaica doesn’t offer adoption services and or legal advice.