Child Adoption in Kenya by Foreign Parents

Child Adoption in Kenya by Foreign Parents. There are many reasons why people choose to adopt, but regardless of your motivation, it’s crucial to understand that adoption must be done legally in order for the kid and the adoptive parent(s) to have access to all of their legal rights.

But what exactly is adoption? The laws of Kenya describe adoption as the permanent assumption of the parental rights and responsibilities in a legal manner of a child that is not naturally yours

Here are some of the things you need to know about adoption in Kenya.

Section 2 of Part I of the Children’s Act (2022) defines adoption as the process through which a child is permanently placed with a legal parent or parents as described in the Children’s Act, 

In Kenya, a child cannot be put up for adoption unless the child is at least six weeks old and has been cleared by the National Council for Children’s Services indicating that the child is available for adoption.  Informal adoptions are illegal and considered an offence under the Act.

An adoption order may be made upon the application of a sole applicant or jointly by two spouses.

The applicant or at least one of the joint applicants must have attained the age of 26 years and be at least 21 years older than the child but should not have attained the age of 65 years. However, that the age requirements are not mandatory where the applicant is the mother or father of the child or is otherwise a relative of the child.

An adoption order cannot be issued in favour of a person intending to adopt unless the court is satisfied that there are special circumstances that justify making an adoption order such as a sole male applicant in respect of a female child, a sole female applicant in respect of a male child, an applicant who has attained the age of 65 years and a sole foreigner female applicant.

In order for adoption to be declared legal, here are some of the documents required by the court for an abandoned child: a certificate declaring the child free for adoption issued by Adoption society, a recommendation of the adopters by the director of children services, letter from the police stating that the child has not been claimed and committal order issued by the Magistrate Committing the child to a home.

Restrictions will not apply if the applicants or either of them is the father, mother or relative of the child to be adopted. A sole applicant shall not be considered by any children’s court to adopt a child, not unless the applicant is a relative.

Additionally, as stated in the Children’s Act, adoption orders cannot be granted to anyone who is incapable of caring for and guarding a child or who has a criminal record for crimes of a sexual nature, indecent assault, human trafficking, and arms smuggling in addition to corruption.

In the case of a combined application, such couples will not be given adoption orders unless they are already married to one another. Adoption is also not permitted for a single male applicant without a relationship with the child or for a foreign applicant unless that applicant is a biological relative of the child.

• All international adoption applications MUST be submitted through a Registered Adoption Agency in the receiving country, to a Registered Adoption Agency in the sending country (Kenya).
• All foreign adoption societies MUST be approved by the Kenyan Adoption Committee before they commence operations.
• The regulations require inter-agency co-ordination and co-operation.

Step 1: Investigations by authorized bodies in receiving country.

• The adoption applicants have to meet the procedures in their home country before submitting their application to Kenya via an Adoption Agency.
• The couples must be assessed by competent bodies/ministries and criminal records must be checked before approval.
• Comprehensive medical examinations must be carried out including HIV status, and fertility checks.
• The financial status of the applicants and their suitability to bring up a child shall be evaluated.
• The couple MUST also undergo pre-adoption counseling in preparation for the big task ahead of them.
• These counseling sessions shall cover the adoption process, length of time, challenges to expect, the backgrounds of the children to be adopted etc.
• This will be followed by an application form for adoption being filled by the applicants through the Foreign Adoption Society and submitted with all the required documents. ( The required documents are mentions in the required documents section)

Step 2: Formal Application to Kenyan Adoption Agency

• The Foreign Agency MUST ensure that all the documents required are in place before forwarding the application to the Kenyan Adoption Agency.
• Upon receipt of an application for adoption from a Foreign Adoption Society, The Kenyan Agency shall forward the same to the Kenya Adoption Committee within thirty (30) days from date of receipt.

Step 3: The Kenyan Adoption Committee

• This is the Central Body governing all adoptions in the country. This committee shall consider applications for International Adoption and shall either approve or reject it.
• The decision shall be communicated to the Local Adoption Society within thirty (30) days form the date such a decision is made.

Step 4: Communication of Local Adoption Agency

A. Communication of Approval

• Where an approval for adoption is granted, the Local Adoption Society shall communicate the same to the Foreign Adoption Society within sixty (60) days from the date of receipt of the approval. This will be accompanied by:-

1. A brief report on the children available for adoption at the time, who match the adopters’ preferences
2. Information about the approximate length of time that the adoption process may take
3. Relevant costs involved in the process
4. A copy of the undertaking to be signed by the Foreign Adoption Society before conclusion of the adoption process.

B. In Case of Rejection

• Where an application is rejected, it shall be communicated to the Foreign Adoption Society within sixty (60) days from the date of receipt of such a rejection by the Local Adoption Society giving reasons for the rejection.

C. : Appeal in case of rejection

• In case of rejection of an adoption application by the Kenyan Adoption Committee, a Foreign Adoption Society may submit another application for adoption within six months from the date of rejection of the previous application.

Step 5: Travel and arrival to Kenya

• Upon receiving communication of approval, the Foreign Adoption Society will arrange for the prospective parents to travel to Kenya within three (3) months from the date of receipt.
• Upon arrival in Kenya, the Local Adoption Society shall receive the applicants and direct them to suitable accommodation/residence. The accommodation conditions must be assessed for suitability. (This involves a home visit by a Social worker employed by the Local Adoption Society).

Step 6: Pre-Placement Counseling and Placement

• Before placement with a child the applicants MUST undergo a three (3) hour compulsory replacement counseling/training in preparation for receiving the child. This shall be done by a counselor attached to the Local Adoption Society
• The applicant /s will then be directed to the child/ren already identified for them. A two week familiarization period is recommended while the child is still in the home. The child is then placed in the care of the prospective parents and a care agreement form is signed.

Step 7: Foster Period and Follow-Up/Supervision

• Upon placement with a child for adoption at least one of the prospective parents MUST reside in the country (Kenya) for three (3) consecutive months with the child.
• During the three month fostering period, follow-up visits will be carried out to assess the bonding and adjustment of both the child and the prospective parent(s). The visits will be carried out as follows:-

(i). 1st Follow-up:- one month after discharge of the baby. Conducted at the Local Adoption Society’s office.
(ii). 2nd Follow-up:- Two months after discharge of the baby. Conducted at the Local Adoption Society’s office.
(iii). Final Follow-up:- three months after discharge. It MUST be conducted at the applicant’s home- to observe the adjustment of the child in the home environment.

NOTE: The relevant Children’s Home will also conduct their independent follow –up visits on agreed intervals e.g. fortnightly, monthly etc.

Step 8: Legal Process

• If the prospective adopter(s) complete the placement period successfully the Local Adoption Society will assist them in identifying a suitable lawyer to represent their case in court. The legal process involves three (3) hearings (but could be more). Both applicants and the child MUST be present for the court sessions.
• A Guardian ad litem (Friend of the child) will also be appointed by the National Adoption Committee to safeguard the interests of the child in the course of the court proceedings.
• Where an adoption order is granted, the Local Adoption Society shall notify the foreign Adoption Society within seven (7) days from the date of the order is made.

Step 9: Issuing of Adoption Certificate

• This document will be issued by the Registrar of Births and Deaths once the Adoption Orders are granted. It replaces the Birth Certificate.
• Therefore, the adoptive parents may only get a copy of the Birth Certificate (if available) but not the original. The process of obtaining an Adoption Certificate may take 3-5 working days.

Step 10: Traveling Out of Kenya.

• Insure you have all the required travelling documents. These include;

(i). Adoption order and Adoption Certificate
(ii). Clearance letter from the Kenyan Department of Children’s Services-Ministry of Home Affairs to allow the child to leave the country
(iii). Travel documents(not Passport) issued by Immigration Department-Kenya
(iv). Visa- to be issued by receiving country’s Embassy in Kenya

• The Local Adoption Society shall assist the adoptive parents obtain these documents from the relevant authorities.
• Adoptive parents can only leave the country with the child once the Adoption Order is granted and all the above mentioned documents are issued.
• The parents should contact the Local Adoption Agency if they need assistance with booking of the flight ticket.

Step 11: Post-Adoption Progress Reports

• The Foreign Adoption Society MUST send reports on the progress of the adopted child to the Local Adoption Society.
• These reports must be submitted once every three months during the first two years from the date of making of an Adoption Order, and annually thereafter for three years

Required Documents

1. Home study report of the foreign adoptive parents prepared by a professional social worker.
2. Passport copies
3. 3 full size colour photographs
4. 3 full size colour photographs of their children (if any)
5. Copies of Birth Certificate(s)
6. Copies of Birth Certificate of their children (if any)
7. Copies of Marriage Certificate (if any)
8. Medical Certificates (including information on fertility of adopters and HIV status)
9. Social enquiry report from an official agency detailing preferences of the child to be adopted
10. Two (2) references from responsible persons preferably the local Religious leader, Commissioner for oaths, Notary public or relevant government department.
11. Affidavit from a reliable person(s) to take charge of the child in case of death or incapacitation of the adoptive parents
12. A report on financial means supported by official documents e.g. latest pay-slips, bank statements etc.
13. Letter from employer indicating duration of contract and remuneration
14. Religious affiliation of applicants
15. A report on fixed assets
16. Record of convictions (if any)
17. Certificate of good conduct
18. Consent from competent court or government authority permitting adopter(s) to adopt a foreign child that adoptive parents are permitted to adopt a child according to the law of their country.
    

Note

• All documents submitted by a Foreign Adoption Society MUST be notarized or authenticated by the Ministry responsible for foreign affairs in the receiving country.
• Any documents in any language other than English must be translated.

Office Locations & Contacts

Directorate of Occupational Safety and Health Services (DOSHS) – Head Office,
Safety House
Commercial street, Industrial area
P.O Box 34120 – 00100, Nairobi
Telephone: 020 266 772 2, 0775 833 675, 0775 833 676
Email: [email protected]
Website: Directorate of Occupational Safety & Health Services (DOSHS) Website

Ministry of Labour – Head Office,
Bishops Road, Social Security House
P.O. Box 40326 – 00100, Nairobi
Telephone: +254 (0) 2729800
Fax: +254 020 2726497
Email: [email protected] / [email protected]
Website: Ministry of Labour and Social Protection Website