Adoption is one of the most significant ways of providing a permanent family to a child in need. In Kenya, this process is guided by the Children Act No. 29 of 2022, as well as international conventions such as the Hague Adoption Convention of 2019. Adoption not only secures the welfare of the child but also grants the adoptive parents full legal rights and responsibilities, just as if the child were their biological offspring.
To understand adoption in Kenya, it is important to recognize the different forms it can take. The first is local adoption, where Kenyan citizens adopt children within the country. The second is kinship adoption, which usually involves extended family members taking responsibility for a child. The third is international adoption, where foreigners seek to adopt Kenyan children. However, since 2014, Kenya has suspended adoption by foreigners, limiting the process primarily to citizens and relatives of the child.
For an adoption to be considered valid, certain requirements must be met. The child must be at least six weeks old and legally declared free for adoption by a registered adoption society. In addition, prospective parents must care for the child for at least three consecutive months in Kenya before petitioning the court. The adoption society also conducts a thorough home study to ensure the child will be placed in a safe and supportive environment.
Prospective adoptive parents are also subject to strict qualifications. They must be aged between 25 and 65 years, and at least 21 years older than the child they wish to adopt. Married couples are allowed to adopt jointly, while single applicants face restrictions depending on the gender of the child. For example, single men are generally barred from adopting girls, and single women from adopting boys, unless there are special circumstances. In addition, individuals with certain criminal convictions, mental incapacity, or unstable financial conditions are excluded from adoption.
The adoption process in Kenya follows a clear legal pathway. It begins with an application to a registered adoption society, which assesses the suitability of the applicants. Once the child has been placed with the prospective parents for at least three months, the matter is taken to court. The court may appoint a guardian ad litem to safeguard the child’s interests during the proceedings. If satisfied, the court issues an adoption order, after which the child is entered into the Adopted Children Register by the Registrar-General. From that point, the child enjoys full legal recognition as a member of the adoptive family
Documentation plays a critical role in this process. Adoptive parents are required to submit identification documents, marriage certificates, medical fitness reports, financial statements, and home assessment reports. In cases where the biological parents are deceased, death certificates must also be provided. Such strict requirements ensure that adoption serves the best interest of the child and prevents exploitation.
Confidentiality is another key principle of adoption in Kenya. All proceedings are conducted in private, and the identities of both the adoptive parents and the child are protected. This helps shield the child from stigma and ensures the privacy of the families involved.
Adoption in Kenya is a highly regulated but noble process that seeks to balance the rights of children with the responsibilities of parents. By following the legal steps and meeting the necessary requirements, individuals and couples can provide a loving and permanent home to children in need. Adoption not only transforms the life of the child but also enriches the family that opens its doors to them.
