Automated Summary
Key Facts
Baby L alias L J M was born on 2006-10-01 at Kenyatta National Hospital and abandoned by her mother on 2007-01-01. The mother was admitted for neurosepsis and left the hospital without the child, who was discharged to Hope House Babies Home on 2007-03-30. Applicant R W G obtained foster care custody on 2007-06-08 and has continuously cared for the child since 2007. The court confirmed the child was legally free for adoption after biological parents could not be traced. All adoption reports (Child Welfare Society, Director of Children's Services, guardian ad litem) were favorable. The adoption was approved on 2014-12-02, granting R W G full parental rights. The child is presumed a Kenyan citizen by birth and will be known as L J M post-adoption.
Issues
- The court evaluates whether the applicant, R W G, meets all legal criteria for adoption under the Children Act, 2001, including her suitability, financial capability, and emotional readiness to care for the child. The applicant has never been married and has provided foster care since 2007, with favorable reports from the Child Welfare Society of Kenya, the Director of Children's Services, and the guardian ad litem.
- The court examines if the adoption is in the child's best interest, considering her bond with the applicant and the applicant's ability to provide care. The child has been in the applicant's custody since 2007, with reports confirming the applicant's financial and emotional stability, and the child now considers the applicant her parent.
- The court determines if the biological parents' consent is required, given the child was abandoned at birth. The mother absconded from Kenyatta National Hospital on 1st January 2007, and the child was committed to a children's home in 2008. The court must decide if abandonment justifies dispensing with parental consent.
Holdings
- The court determines that it is in the best interest of the child to be adopted by the applicant. The applicant has fulfilled all legal requirements, and the child has bonded well with her.
- The court directs the Registrar General to enter the adoption order in the register and discharges the guardian ad litem.
- The court allows the applicant R W G to adopt Baby L alias L J M, who will henceforth be known as L J M. Her date of birth is 1st October 2006, and she is presumed to be a Kenyan citizen by birth. XXX is appointed as the legal guardian of the child in case of need.
Remedies
- The child's name is changed to L J M as part of the adoption order.
- The applicant, R W G, is hereby allowed to adopt Baby L alias L J M. The child will henceforth be known as L J M.
- The court directs the Registrar General to record the adoption order in the official register.
- The guardian ad litem, F W W, is discharged from her duties following the adoption order.
Legal Principles
The court applied the principle that abandonment of a child at birth permits the dispensation of parental consent for adoption. It determined that the applicant's continuous care, financial stability, and the child's bond with her support the conclusion that adoption serves the child's best interests, as required by the Children Act 2001.
Cited Statute
Children Act, 2001
Judge Name
M. Muigai
Passage Text
- I allow the application for adoption. The applicant, R W G, is hereby allowed to adopt Baby L alias L J M.
- All the reports are favourable and recommend that the court allows the applicant to adopt the child.
- This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant.