Adoption Laws and Requirements for Adoption of a Child in Kenya

1) Children must be at least 6 weeks old and declared free for adoption by a
registered society.
2) Any child who is resident in Kenya must be adopted whether or not the child is a
Kenyan citizen, was or was not born in Kenya.
3) Adoption order cannot be granted unless the child concerned has been in the
continuous care of the adopting couple for more than three consecutive months
preceding the filing of the applications and both the child and the applicant(s)
may be evaluated and assessed by a registered adoption society in Kenya.
4) One of the applicants must be more than 25 years old and more then 21 years
older than the infant and less than 65 years old. The applicants could also be a
relative or one of the parents.
5) Adoption order will not be done to
a. Sole foreign applicant
b. One or both applicants who is not of sound mind on the meaning of the
mental health act
c. Applicant(s) who have been charged and convicted by a court of
competent jurisdiction for or of any offence against children under Kenyan
laws.
d. Homosexuals
e. Joing applicants not married to each other
f. Sole Foreigners

Consents
1) From the existing parents, guardians or any one else contributing to the
maintenance of the child under any agreement or order.
2) Parents or guardian(s) of the mother of the child in case she (mother) is a minor.
3) Step-father who has acquired parental responsibility.
4) On the application of one of the spouses with the consent of the other spouse.
5) In case of foreigners not residing in Kenya, the consent of a competent
jurisdiction or a government authority situated in the country where both or one of
the spouses ordinarily resides, permitting the spouses to adopt a foreign child.
6) In case of a child who has attained the age of 14 years with the consent of the
child.

Guardian Ad Litem
Appointed by the court for the child pending the hearing and determination of the
adoption application.
Duties
1. Safeguard the interests of the child pending the
determination of the adoption proceedings.
2. Investigate and appraise the court as to the circumstances
pertinent to the adoption of the child in the prescribed
manner.
 3. Make recommendations as to the priority of making any
interim orders or an adoption order in respect of the child.
4. Intervene on behalf of the child and arrange for the care of
the child in the event of the withdrawal of any consent.
5. Undertake such duties as the court may direct.

Where arrangements for adoption of any child have been made by Child Welfare Society
of Kenya, then neither the society nor any member thereof, shall be appointed guardian
ad litem of the same child.

The appointment of a guardian ad litem expires upon the making of a final order by the
court.

The couple must satisfy the court that the country where they ordinarily reside and where
they expect to reside with the child immediately after adoption will respect and recognize
the adoption order and will grant status to the child.

The couple must have been authorized and recommended as persons who are suitable
(including being morally fit and financially capable) to adopt a foreign child by a
competent government authority or court of competent jurisdiction in the country where
they expect to reside with the child immediately after the making of the adoption order.

The court may impose such terms and conditions as it may think fit and without prejudice
to the generality of the foregoing it may:-
1) Require the adopter by bond or otherwise to make think fit and
without prejudice to the opinion of the court just and expedient.
2) Require the adopted to accept supervision by and advise from an
adoption society specified by the court for such period as the court
may specify.
3) Where the consent to the making of an adoption order is
conditioned upon the child being brought up in a particular
religious persuasion, require the infant to be brought up in that
persuasion.
4) Where the adopted is not a resident of Kenya, require him/her to
avail such periodical reports from a court of competent authority in
the adopters country of residence for such period as the court may
specify.

The court at the time of making an adoption order in the case of applicants for an
international adoption shall appoint any person approved by the adopted and whose prior
consent there to has been given in writing to be the guardian of the child in the event of
the adopter(s), dying or becoming incapacitated before the child is of full age.

An adoption order or an interim adoption order may be made in respect of a child who
has already been the subject of an adoption order under this act or under any other
ordinance for the time being in force in any country in the commonwealth.
No body of persons shall make any arrangements for the adoption of a child under the
provisions of this Act unless that body is registered as an adoption society under this part.

Time Taken to Complete Adoption Process

Bearing in mind that the adopting couple must reside in Kenya with the child for at least
three months before the legal procedure begins, the time an average adoption process
takes is about 6 months.

The issue of interpretation of court hearing has just been completed and we are happy to
inform you that we are now able to have our own group of lawyers who can help in court
proceedings at a reduced fee. Clients are also free to source their own lawyers and society
only presents their findings or homestudy and individual interviews to the court.

All adoption orders are routinely made in Kenya prior to applicant leaving the country
and upon their applicants fulfilling all the requirements as shown abive. Currently there
are no approved websites on adoption that we can recommend but we shall get back to
you for our own website.

Checklist for Documents Required

1) Home study report of the foreign adoptive parents prepared by a professional

social worker.
2) Recent photographs of the adoptive family.
3) Marriage certificate of foreign adoptive parents.
4) Declaration concerning health of adoptive parents.
5) Certificate of medical fitness of adoptive parents duly certified by a medical
doctor.
6) Declaration regarding financial status of foreign adoptive parents along with
supporting documents including employers certificate, where applicable.
7) Employment certificate where applicable, of foreign adoptive parents.
8) Income tax assessment order of foreign adoptive parents.
9) Bank references
10) Particulars of properties owned by the foreign adoptive parents.
11) Declaration from foreign adoptive parents stating willingness to adopt the child.
12) 12) Undertaking from the social or child welfare enlisted agency sponsoring the
foreigner to the effect that child would be legally recognized as a citizen of the
adopters country without any form of discrimination and that the child would be
entitled to the same rights as those of citizens of that country.
13) Undertaking from the foreign adoptive parents that adopted child would be
provided necessary education and upbringing according to the status of adoptive
parents.
14) Undertaking from the social and child welfare enlisted agency that report relating
to progress of the child along with his/her recent photograph would be sent
quarterly during first two years and half yearly for the next three to CWSK.
 15) Power of Attorney from the foreign adoptive parents in favor of CWSK which
will be required to process the case and such Power of Attorney should authorize
the Attorney to handle the cases on behalf of the foreigner in case the foreigner is
not in a position to come to Kenya during the initial stages of the adoption. But
note that the Kenyan law requires that both the minor being adopted and the
adoptive parent/s MUST be resident in Kenya for at least three consecutive
months before the legal process begins and both MUST also be present during the
court hearing for the adoption.
16) Certificate from the enlisted social or child welfare agency sponsoring applicaion
of the foreigner to the effect that adoptive parents are permitted to adopt a child
according to the law of their country.

Home Study: Procedure to be Followed:

Every foreigner wishing to adopt a child should be sponsored by social or child welfare
agency recognized by the Government of the country in which the foreigner is resident.

The foreign enlisted agency shall also sent a copy of the application as well as all the
prescribed documents including a home study report enclosed with it to the Child Welfare
Society of Kenya (CWSK) duly Notarized by Notary Public whose signature would be
duly attested either by an officer of the Ministry of External Affairs or justice or Social
Welfare of the Country of foreigner or by an officer of Kenyan embassy or High
Commission or Consulate in that country.

The Home Study being a crucial document broadly include th following information:
 Social status and family background
 Description of home including the number of bedrooms and whether it can
comfortably accommodate the child
 Standard of living as it appears in the home
 Current relationship between Husband and Wide
 Current relationship between the parents and children (if any children)
 Development of already adopted children (if any)
 Current relationship between the couple and the members of each others
family
 Employment status of the couple
 Health details such as clinical tests, past illnesses etc (medical certificates)
 Economic status of the couple
 Accommodation of the child
 Schooling facilities
 Amenities in the home
 Reasons for wanting to adopt a Kenyan child
 Attitudes of relative towards adoption
 Anticipated plans for the adopted child
 Regal status of the prospective adoptive parents
The agency should carefully get the Home study Report prepared by the professional
Social Worker broadly on the basis of the information.

We do have a legal Department which offers legal advice among other services and are
very much willing to assist.