Child Adoption - procedures
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| Child Adoption |  |  |  |
| Legislation The Children Act No. 8 of 2001 under part XII makes provisions for Adoption. These provisions are Sections 154-183 inclusive. The Children (ADOPTION) Regulations, 2005, Gazzetted on 20th May 2005 also provide the guidelines on the adoption process. The purpose of the regulations is to give effect to the Act by making provisions for the appointment of authorities to carry out obligations under the Act and provide for regulation of Kenyan Adoption Orders. The regulations which first and foremost consider the best interests of the child to be paramount seek to; :: Be friendly and accessible :: Make the process transparent, simple and user friendly :: Define the role of the government and adoption societies. NB: The jurisdiction for making adoption Orders rests strictly with the High Court. Who may not adopt? The following persons are prohibited by law from adopting a child in Kenya: :: A person who is not of sound mind :: A person who has been charged or convicted previously of child abuse offence; or is a homo sexual :: An applicant or joint applicants who are not married to each other :: A sole foreign male applicant Is Adoption an option you should consider? Of course yes! Besides providing home for needy children, it also gives room for happiness in the family. Consent in adoption Consent before any adoption is effected, is required; :: From parents, guardians or any person having parental responsibility over a child to be adopted :: For people not resident in Kenya, the consent of their courts or competent Government Authority. :: The consent of a child who has attained the age of 14 NB: Consents can be dispensed with in the case of parents or guardians who have abandoned or neglected their children, or cannot be found, unnecessarily withhold the consent or spouses separated permanently. International adoptions International adoptions can be conducted in respect of a child upon the application of two spouses who are not Kenyans and who are not in Kenya provided that legal requirements to that effect are met. International adoptions are processed through an approved foreign adoption agency in conjunction with a Kenyan adoption society registered to make international adoption arrangements. So far the adoption committee has approved 2 foreign adoption agencies (Help a Child(German based) and Stitching Africa-Netherlands ) to make arrangements for international adoption in conjunction with Kenyan adoption societies registered for Int'l Adoption. Main Steps in an adoption 1. Assessment of prospective adoptive parents by an adoption society. 2. Declaration of a child proposed as "free for adoption" by an adoption society 3. Placement of child with applicants 4. Three months mandatory bonding period within the Republic of Kenya prior to filing matter before court. The court process involves; :: Appointment of Guardian ad Litem :: Hearing :: Assessment Reports :: Final adoption orders :: Issuance of adoption certificate by registrar General Structures involved in the adoption process :: The judiciary :: The Adoption Committee :: Children's Department :: Adoption Societies :: Law Society of Kenya Other important players are: :: Department of Immigration :: Registrar general :: Missions of foreign countries :: Charitable Children Institutions Adoption is both a legal and social process. All the players have their role to play in a properly conducted adoption process. Effects of an adoption order 1. An adoption order has the effect of transferring all rights, duties and responsibilities over a child to the adopter as if the child was born to the adopter inside a lawful marriage. 2. The adoption order extinguishes the rights, duties, responsibilities that a parent , guardian or anyone having parental responsibility before the order was made. 3. The adoption Secretariat which meets monthly, manages and regulates matters of adoption in Kenya. So far arrangements for both local and international adoption. Their licenses are renewable annually. These are: 1. Little Angels Network 2. Kenya Christian Homes 3. Child Welfare Society of Kenya -Head Office NB: It is prohibited by law to advertise a child for adoption or a person desiring to adopt remains confidential. |
2008