In re Baby V M aka W N [2015] eKLR

Key Facts

Issues

• The court determined the child's nationality status, declaring him Kenyan by birth due to his presence in Kenya and being born to Kenyan parents, even though his biological parents were absent.
• The court evaluated compliance with the Children's Act (No. 8 of 2001), including the child's eligibility, the applicant's suitability, and the completion of required assessments by the adoption society and authorities.
• The court addressed the issue of dispensing with the consent of the child's biological parents, as the father disappeared after birth and the mother died during delivery. This was necessary to proceed with the adoption under the Children's Act.
• The court's primary consideration was the child's best interests, including his emotional and physical well-being, the applicant's capacity to care for him, and the diminishing chances of adoption as he aged.
• The court considered the legal issue of whether a single woman could adopt a male child, given the general rule against such adoptions. Special circumstances were identified, including the absence of other interested adopters and the child's best interests, leading to approval of the adoption.

Holdings

• The court dispenses with the consent of the biological parents, as the mother died during delivery and the father disappeared.
• The court allows the application by C W N to adopt the child Baby V M aka W N.
• The Registrar-General is directed to enter this adoption order in the adoption register.
• The child is declared to be Kenyan by birth, having been in Kenya with known Kenyan parents.
• The guardian ad litem is discharged.
• The child shall hereafter be known as W N.
• F W N is appointed the legal guardian of the child in the event of the untoward happening to the applicant.

Remedies

• The court has declared Baby V M aka W N as a Kenyan citizen by birth, based on his presence in Kenya with known Kenyan parents.
• The court has appointed F W N as the legal guardian of the child in the event of the applicant's unexpected demise.
• The court has dispensed with the need for the biological parents' consent for the adoption of Baby V M aka W N.
• The court has discharged the guardian ad litem as the adoption proceeding is concluded.
• The court has instructed the Registrar-General to enter the adoption order into the official adoption register.
• The court has approved the adoption application by C W N for Baby V M aka W N, granting her the right to adopt the child.
• The court has ordered that the child's name be changed to W N after the adoption is finalized.

Legal Principles

• The judgment highlights the legal requirement for adoption societies to assess and report on the suitability of adoptive parents, as well as the role of the Director of Children's Services in ensuring compliance with adoption laws.
• The court emphasized that the adoption must be in the best interests of the child, even allowing a single female to adopt a male child under special circumstances where no other suitable adopters were available.

Cited Statute

Judge Name

Passage Text

• 8. I note that the applicant is a sole female who seeks to adopt a male child. The law requires me to consider whether there exist special circumstances which would present me to depart from the rule that single females should not adopt more children. ... I will take this as a special circumstances and I believe that it would be in the child's best interests that he is adopted by the applicant.
• 16. ... That the child is hereby declared to be Kenyan by birth on account of having been in Kenya to known Kenyan parents.
• 7. In the opinion of this court it would be in the best interests of the child that he is adopted by the applicant. The applicant will be able to provide a home and family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicant shall assume all parental rights and duties of the biological parents in respect of the adopted child; she shall treat the adopted child as if he was born to her.