In re ZCA (A Child) (Adoption Cause E007 of 2023) [2023] KEHC 18869 (KLR) (14 June 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 18869
- Citation
- [2023] KEHC 18869 (KLR)
- Decided
- 14 June 2023
The application is allowed, and the applicant is authorized to adopt ZCA. MA and EA are appointed as legal guardians in case the applicant becomes deceased, incapacitated, or unavailable before ZCA attains the age of 18. The Registrar General is directed to make an entry recording the adoption order in the Adopted Children Register. The guardian-ad-litem is discharged.
Facts
The child ZCA was born in 2008 and has been under the care of her grandmother since her mother died in 2013. The father gave up the child for adoption, and the mother gave her consent. The child is over 10 years old and has given her consent to the adoption. The applicant, ARO, is an adult Kenyan citizen who has four children and seeks to adopt ZCA.
Issues
- Whether the child is available for adoption.
- Whether the applicant is fit to adopt the child.
- Whether the adoption is in the best interest of the child.
Reasoning
The court found that the child has been under the care of the applicant for 10 years and that the adoption is in the best interest of the child. The court also noted that the applicant is fit to adopt the child and understands the permanence of adoption.
Outcome
The application is allowed.
Orders
- The applicant is authorized to adopt ZCA.
- MA and EA are appointed as legal guardians.
- The Registrar General is directed to make an entry recording the adoption order.
- The guardian-ad-litem is discharged.
- No orders as to costs.
Authorities cited
Legislation (1)
- Children Act, 2022
Cases cited (3)
- In re TT (Baby) [2022] eKLR
- In re IK (Child) [2020] eKLR
- In re JK [2021] eKLR
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