Adoption Act, Cap 143
(Repealed by The Children’s Act, Cap 141)
LAWS OF KENYA
The Adoption Act
Cap 143
Published by the National Council for Law Reporting
With the Authority of the Attorney-General
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Adoption Act, Cap 143
THE ADOPTION ACT
CHAPTER 143
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
Sections
1-Short title.
2-Interpretation.
3-Power to make adoption orders.
3A-Jurisdiction of a Resident Magistrate's Court.
4-Restrictions on making adoption orders.
5-Consent to adoption.
6-Evidence of consent of parent or guardian.
7F-unctions of court as to adoption orders
7A-Appointment of provisional guardian.
7B-Consent to future adoption.
8-Interim orders.
9-Adoption order in respect of infants previously adopted
10-Custody of infant when order refused.
11-Appeal.
12-Power to make rules and procedure
12A-Appointment of guardians ad litem
PART III-REGISTRATION OF ADOPTION ORDERS
13-Adopted Children Register.
14-Registration of adoptions.
15-Amendment of orders and rectification of registers.
PART IV-EFFECTS OF ADOPTION ORDERS
16-Rights and duties of parents and capacity to marry.
17-Workmen's compensation.
18-Orders and agreements respecting illegitimate children.
19-Intestacies, wills and settlements.
20-Provisions supplementary to section 19.
21-Effect of overseas adoption.
PART V-ADOPTION SOCIETIES
22-Restriction on making arrangements for adoption.
23-Approval of adoption societies.
24-Procedure.
25-Functions of adoption societies.
26-Arrangements by adoption societies for adoption
27-Inspection of books, etc., of adoption societies
28-Information to be confidential.
29-Prohibition of certain payments.
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30-Restriction upon advertisements.
31-Offences under parts V and VI
32-Service of notices.
33-Powers of local authorities.
34-Expenses.
35-Regulations.
36-Exemption.
37-Adoptions under previous law.
SCHEDULES
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Adoption Act, Cap 143
THE ADOPTION ACT
CHAPTER 143
2 of 1958, 9 of 1967, 4 of 1978, 13 of 1980
Commencement Date: 1959-06-16
An Act of Parliament to make provision for the making and registration of adoption
orders; to provide for the registration and control of adoption societies; to regulate
the making of arrangements by adoption societies and other persons in connexion
with the adoption of children; to restrict the making and receipt of payments in
connexion with the adoption of children; and for connected purposes
PART I-PRELIMINARY
Short title.
1. This Act may be cited as the Adoption Act.
Interpretation.
9 of 1967, Sch., 4 of 1978, s.2
2. (1) In this Act, unless the text otherwise requires “adoption order” has the meaning assigned to it by section 3;
“adoption society” means a society approved by the Minister under section 23, and a
local authority which has been approved by the Minister as an adoption society under
that section;
“body of persons”
unincorporate;
means
any
body
of
persons,
whether
incorporate
or
“charitable association” means a body of persons which exists only for the purpose of
promoting a charitable, benevolent or philanthropic object, whether or not the object
is charitable within the meaning of any rule of law, and which applies the whole of its
profits (if any) or other income in promoting the object for which it exists:
“the court” means the High Court or a Resident Magistrates Court acting in the
exercise of the jurisdiction conferred on it by section 3A;
“East African Territories" means Kenya, Uganda and Tanzania;
“father”, in relation to an illegitimate infant, means the natural father;
“guardian”, in relation to an infant, means a person appointed by deed or will, in
accordance with the provisions of any written law relating to the guardianship of
infants for the time being in force in Kenya, or by a court of competent jurisdiction,
to be the guardian of the infant;
“infant” means a person under eighteen years of age, but does not include a person
who is or has been married;
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“interim order” means an order under section 8;
“parent” does not include the natural father of an illegitimate infant;
“relative”, in relation to an infant, means a grandparent, brother, sister, uncle or
aunt, whether of the full blood, of the half-blood or by affinity, and (a) where an adoption order has been made in respect of the infant or any other
person under this Act or any other law relating to adoption for the time being in force
in any of the East African Territories or the United Kingdom, any person who would
be a relative of the infant within the meaning of this definition if the adopted person
were the child of the adopter born in lawful wedlock;
(b) where the infant is illegitimate and the father has acknowledged paternity and is
contributing towards the maintenance of the infant, the father of the infant and any
person who would be a relative of the infant within the meaning of this definition if
the infant were a legitimate child of his mother and father;
“spouse”, in relation to a wife of a polygamous marriage, means the wife applying for
an adoption order either as sole applicant or jointly with her husband or the wife into
whose care a husband applying for an adoption order proposes to give the infant.
(2) For the purposes of this Act, a person shall be deemed to make arrangements for
the adoption of an infant if, not being a parent or guardian of the infant, he enters
into or makes any agreement or arrangement for, or for facilitating, the adoption of
the infant by any other person, whether the adoption is effected, or is intended to be
effected, is pursuance of an adoption order or otherwise, or if he initiates or takes
part in any negotiations of which the purpose or effect is the conclusion of any
agreement or the making of any arrangement therefor, or if he causes another to do
so.
PART II-MAKING OF ADOPTION ORDERS
Power to make adoption orders.
4 of 1978, s.3
3. (1) Subject to this Act, the court may, upon an application made in the
prescribed manner, make an order (in this Act referred to as an adoption order)
authorizing the applicant to adopt an infant.
(2) An adoption order may be made on the application of two spouses authorizing
them jointly to adopt an infant.
(3) An adoption order may be made authorizing the adoption of an infant by the
mother or father of the infant, either alone or jointly with her or his spouse.
(4) All proceedings under this Act shall be heard and determined in chambers.
(5) Any officer of an adoption society may draw or prepare any document relating to
any proceedings under this Act and may carry on any such proceedings on behalf of
an applicant for an adoption order:
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Provided that no fee, gain or reward other than a voluntary contribution to the
adoption society may be accepted or received directly or indirectly therefor.
Jurisdiction of a Resident’s Magistrate’s Court.
L.N. 4 of 1978
3A. (1) A Resident Magistrate's Court shall have jurisdiction to hear and
determine applications for adoption orders in cases where all consents required by
subsection (6) of section 4 have been signified in the manner prescribed by section
6, and where the making of an order does not require justification as an exceptional
measure under subsection (3) of section 4.
(2) If in the course of an application for an adoption order in a Resident Magistrate's
Court any consent is withdrawn or it appears to the court that the applicant is a
person to whom subsection (3) of section 4 apply or that for any other reason it is
desirable so to do, the court shall adjourn the application and transfer it to the High
Court which shall proceed from the point at which the application was transferred.
Restrictions on making adoption orders.
4. (1) An adoption order shall not be made in respect of an infant unless the
applicant or, in the case of a joint application, one of the applicants (a) has attained the age of twenty-five years and is at least twenty-one years older
than the infant; or
(b) has attained the age of twenty-one years and is a relative of the infant; or
(c) is the mother or father of the infant.
(2) Except as provided by subsection (2) of section 3 an adoption order shall not be
made authorizing more than one person to adopt an infant.
(3) Unless the court is satisfied that there arc special circumstances which justify as
an exceptional measure the making of an adoption order, an adoption order shall not
be made in favour of (a) a sole applicant who is a male;
(b) a spouse or spouses of a polygamous marriage;
(c) an applicant who is of a different race from the infant.
(4) An adoption order shall not be made unless the applicant and the infant reside in
Kenya.
(5) An adoption order shall not be made in respect of any infant unless the infant has
been continuously in the care and possession of the applicant for at least three
consecutive months immediately preceding the date of the presentation to the court
of the application for the order.
(6) Subject to section 5 an adoption order shall not be made -
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(a) in any case, except with the consent of every person or body who is a parent or
guardian of the infant or who is liable by virtue of any order or agreement to
contribute to the maintenance of the infant;
(b) in the case of an illegitimate infant whose paternity has been acknowledged and
to whose maintenance contributions are being made by the father of the infant,
except with the consent of the father;
(c) in the case of an illegitimate infant whose mother has not yet attained the age of
eighteen years, except with the consent of the parents of the mother;
(d) on the application of one of two spouses, except with the consent of the other
spouse.
Consent to adoption.
4 of 1978, s.6
5. (1) The Court may dispense with any consent required by paragraph (a),
(b) or (c) of subsection (6) of section 4 if it is satisfied (a) in the case of a parent or guardian of the infant, that he has abandoned,
neglected, persistently failed to maintain or persistently ill-treated the infant, or that
he has failed to exercise the normal duty and care of parenthood in respect of the
infant:
Provided that (i) abandonment may be presumed if the infant appears to have been abandoned at
birth or if the person or body having care and possession of the infant has neither
seen nor heard from a parent or guardian of the infant for a period of at least six
consecutive months;
(ii) persistent failure to maintain may be presumed where, despite demands made,
no parent or guardian has contributed to the maintenance of the infant for a period
of at least six consecutive months and such failure is not due to poverty;
(b) in the case of a person liable by virtue of an order of agreement to contribute to
the maintenance of the infant, that he has persistently neglected or refused so to
contribute;
(c) in any case, that the person whose consent is required cannot be found or is
incapable of giving his consent or that his consent is unreasonably withheld;
(d) in any case, that a provisional adoption order has been made in respect of the
infant under section 53 of the Adoption Act, 1958, of the United Kingdom or under
the corresponding provision of any former or subsequent Act of the United Kingdom
or under the corresponding provision of any Act or Ordinance of any country in the
Commonwealth.
(2) The court may dispense with the consent of the spouse of an applicant for an
adoption order if satisfied that the person whose consent is to be dispensed with
cannot be found or is incapable of giving the consent or that the spouses have
separated and are living apart and that the separation is likely to be permanent.
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(3) The consent of any person to the making of an adoption order in pursuance of an
application may be given (either unconditionally or subject to conditions with respect
to the religious persuasion in which the infant is to be brought up) without knowing
the identity of the applicant for the order; and where the consent so given by any
person is subsequently withdrawn on the ground only that he does not know the
identity of the applicant, his consent shall be deemed for me purposes of this section
to be unreasonably withheld.
(4) While an application for an adoption order in respect of an infant is pending in
any court, any parent or guardian of the infant who has signified his consent to the
making of an adoption order in pursuance of the application shall not be entitled,
except with the leave of the court, to remove the infant from the care and
possession of the applicant.
(5) An applicant for an adoption order may at the time of filing his application or at
any time thereafter while such application is pending apply to the court for the
custody of the infant pending the decision of the court on the application for an
adoption order.
(6) In considering whether or not to dispense with the consent of any person to the
making of an adoption order or whether to grant or refuse leave or custody under
the provisions of subsection (4) or (5) the court shall regard the interests of the
infant as paramount and subject thereto shall consider firstly the interests of the
parents and relatives of the infant and secondly the interests of applicants.
(7) Any consent to the making of an adoption order may be withdrawn without leave
of the court at any time prior to the making of an order.
Evidence of consent of parent or guardian.
4 of 1978, s.7
6. (1) Where any person whose consent to the making of an adoption order
is required by paragraph (a), (b) or (c) of subsection (6) of section 4 does not attend
in the proceedings for the purpose of giving it, then, subject to the provisions of
subsection (3) of this section, a document, in the prescribed form and attested by a
person of any such class as may be prescribed, signifying his consent to the making
of such an order shall, if the person in whose favour the order is to be made is
named in the document or (where the identity of that person is not known to the
consenting party) is distinguished therein in the prescribed manner, be admissible as
evidence of that consent, whether the document is executed before or after the
commencement of the proceedings.
(2) Any such document, whether executed in or outside Kenya, shall be admissible
without further proof of the signature of the person by whom it was executed; and,
for the purposes of this subsection, a document purporting to be attested as
aforesaid shall be deemed to be so attested, and to be executed and attested on the
date and at the place specified therein, unless the contrary is proved.
(3) A document signifying the consent of the mother of an infant shall not be
admissible under this section unless -
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(a) the infant is at least six weeks old on the date of the execution of the document;
and
(b) the document is attested on that date by a person of a class prescribed for the
purposes of subsection (1).
Functions of court as to adoption orders.
7. (1) The court before making an adoption order shall be satisfied (a) that every person whose consent is necessary under this Act, and whose consent
is not dispensed with, has consented to and understands the nature
and effect of the adoption order for which application is made, and in particular, in
the case of any parent, understands that the effect of the adoption order will be
permanently to deprive him or her of his or her parental rights;
(b) that the order if made will be in the best interests of the infant, due consideration
being for this purpose given to the wishes of the infant, having regard to the age and
understanding of the infant, and to the ability of the applicant to maintain and
educate him;
(c) that the applicant has not received or agreed to receive, and that no person has
made or given or agreed to make or give to the applicant, any payment or other
reward in consideration of the adoption contrary to section 29;
(d) that any person whose consent is dispensed with on the grounds of incapacity is
still incapable of giving his consent at the date of making the order; and
(e) where the applicant is not himself a relative of the infant, that reasonable steps
have been taken to inform the relatives of the infant of the proposed adoption and
that no relative able to accept the care of the infant has expressed willingness to do
so.
(2) The court in an adoption order may impose such terms and conditions as it may
think fit and in particular and without prejudice to the generality of the foregoing, the
court may (a) require the adapter by bond or otherwise to make for the infant such provision as
in the opinion of the court is just and expedient;
(b) order that the infant shall not be removed from the jurisdiction of the court
without the consent of the court for such period not exceeding two years as it may
specify;
(c) require the adopter to accept supervision by and advice from an adoption society
specified by the court for such period not exceeding two years as the court may
specify;
(d) where consent to the making of an adoption order is conditional upon the infant
being brought up in a particular religious persuasion, require the infant to be brought
up in that religious persuasion;
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(e) require the adopter to furnish such security by bond or otherwise as the court
may think fit for the due performance of any condition the court may impose.
Appointment of provisional guardian.
4 of 1978, s.9
7A. (1) The court may, on the application of the adopter or of its own motion,
at the time of making an adoption order appoint any person approved by the adopter
and whose prior consent thereto has been given in writing to be guardian of the
infant in the event of the adopter or both adopters where two spouses have applied
for the adoption order, dying before the infant is of full age.
(2) The court may, at any time before the infant is of full age on the application of
the adopter, or of a guardian appointed under subsection (1), or of the infant, revoke
any such appointment and appoint any other person to be guardian of the infant.
Consent to future adoption.
4 of 1978, s.9, Cap 141
7B. (1) Where an infant is in the care and possession of an adoption society,
consent to the future adoption of the infant by an adopter approved by such society
may be given by those persons where consent to the making of an adoption order is
required by the provisions of paragraph (a), (b) or (c) of subsection (6) of section 4.
(2) Any such consent shall be signified in the manner provided in section 6 and the
provisions of that section shall apply to any document signifying consent
notwithstanding the omission therefrom of the name of the person in whose favour
the adoption order is to be made or any other reference to an applicant for an
adoption order.
(3) In the event of the adoption society being unable to find a suitable adopter within
twelve months of the date of the last consent given under the provisions of this
section, the society shall notify the persons whose consent has been given as
aforesaid of such failure and may request them to remove the infant from the care
and possession of the society.
(4) If within one month of any such request the infant
the care and possession of the society, the infant shall
protection or discipline and on the application of the
competent jurisdiction may commit the infant to the
section 25 of the Children and Young Persons Act.
has not been removed from
be deemed to be in need of
adoption society a court of
care of a fit person under
8. Interim orders.
(1) Subject to this section, the court may, upon any application for an
adoption order, postpone the determination of the application and make an interim
order giving the custody of the infant to the applicant for a period not exceeding two
years by way of a probationary period upon such terms as regards provision for the
maintenance and education and supervision of that welfare of the infant and
otherwise as the count may think fit.
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(2) All such consents as are required to an adoption order shall be necessary to an
interim order but subject to a like power on the part of the court to dispense with
any such consent.
(3) An interim order shall not be made in any case where the making of an adoption
order would be unlawful by virtue of section 4.
(4) An interim order shall not be deemed to be an adoption order within the meaning
of this Act.
Adoption order in respect of infants previously adopted.
9. (1) An adoption order or an interim order may be made in respect of an
infant who has already been the subject of an adoption order under this Act or under
any Act or Ordinance for the time being in force in any country in the
Commonwealth.
(2) In relation to an application for an adoption order in respect of such an infant,
the adopter or adopters under the previous or last previous adoption order shall be
deemed to be the parent or parents of the infant for all the purposes of this Act.
Custody of infant when order refused.
10. If the court refuses to make an adoption order or an interim order, the
court may make such order for the custody of the infant as the court may think fit.
Appeal.
11. Any person aggrieved by the making or the refusal to make an adoption
order or an interim order, or by any order for the custody of the infant, may appeal
therefrom in the same manner as if the application were a suit instituted under the
Civil Procedure Act (Cap 21).
Power to make rules.
12. The Rules Committee may make rules of court in regard to any matter to
be prescribed under this Part and providing generally for all matters of procedure
and for carrying this Part into effect.
Appointment of guardians ad litem.
4 of 1978, s.10,
13 of 1980, Sch
12A. (1) For the purpose of any application for an adoption order, the court
shall, subject to any rules of court made by virtue of section 12, appoint an
independent person or body to act as guardian ad litem of the infant upon the
hearing of the application, with the duty of safeguarding the interests of the infant
before the court and having for that purpose such powers and duties as may be
prescribed by such rules.
(2) Where arrangements for the adoption of any infant have been made by an
adoption society neither that society nor any member thereof shall be appointed
guardian ad litem of that infant for the purposes of its adoption.
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(3) For the assistance of the court, and without prejudice to the discretion in the
power of appointment given to the court by subsection (1), the Minister may, by
notice in the Gazette, nominate a panel of persons whom he considers suitable for
appointment as guardians ad litem and may from time to time add or remove names
to or from the panel.
(4) The Minister may by order published in the Gazette provide that in all cases
where arrangements for an adoption have not been made by an adoption society the
guardian ad litem appointed shall be an adoption society or a member of any such
society.
(5) Where the body so appointed is a local authority the court may authorize the
authority to incur any necessary expenditure; but nothing in this section shall be
deemed to authorize the court to appoint a local authority to act as guardian ad litem
except with the consent of that authority.
PART III-REGISTRATION OF ADOPTION ORDERS
Adopted Children Register.
4 of 1978, s.11,
Cap 21 (1948)
13. (1) The Registrar-General shall maintain a register, to be called the
Adopted Children Register, in which shall be made such entries as may be directed to
be made therein by adoption orders, but no other entries.
(2) A certified copy of any entry in the Adopted Children Register, if purporting to be
sealed or stamped with the seal of the Registrar-General's Office, shall, without any
further or other proof of that entry, be received as evidence of the adoption to which
it relates, and, where the entry contains a record of the date of the birth or the
country of the birth of the adopted person, shall also be received as aforesaid as
evidence of that date or country in all respects as if the copy were a certified copy of
an entry in the Register of Births.
(3) The Registrar-General shall cause an index of the Adopted Children Register to
be made; and every person shall be entitled to search that index and to have a
certified copy of any entry in the Adopted Children Register upon payment of such
fee as may be prescribed.
(4) The Registrar-General shall, in addition to the Adopted Children Register and the
index thereof, keep such other registers and books, and make such entries therein,
as may be necessary to record and make traceable the connexion between any entry
in the Register of Births which has been marked "Adopted" pursuant to section 14 of
this Act or section 14 of the Adoption of Children Ordinance (now repealed) and any
corresponding entry in the Adopted Children Register; but the registers and books
kept under this subsection shall not be, nor shall any index thereof be, open to public
inspection or search, nor, except under an order of a court of competent jurisdiction,
shall the Registrar-General furnish any person, other than an adopted person of full
age who has proved his identity to the satisfaction of the Registrar-General and who
requests information with respect to his own adoption, with any information
contained in or with any copy or extract from any such registers or books.
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Registration of adoptions.
4 of 1978, s.12
14. (1) Every adoption order made by the court shall contain a direction to
the Registrar-General to make in the Adopted Children Register an entry in the form
set out in the First Schedule and (subject to subsection (2)) shall specify the
particulars to be entered under the headings in columns 2 to 6 of that Schedule.
(2) For the purposes of compliance with the requirements of subsection (1) –
(a) where the precise date of the infant's birth is not proved to the satisfaction of the
court, the court shall determine the probable date of his birth and the date so
determined shall be specified in the order as the date of his birth;
(b) (Deleted b y4 of 1978, s.12.)
(c) where the country of birth of the infant is not proved to the satisfaction of the
court, the particulars of that country may, notwithstanding anything in that
subsection, be omitted from the order and from the entry in the Adopted Children
Register.
(3) Where upon any application to the court for an adoption order in respect of an
infant (not being an infant who has previously been the subject of an adoption order
made by the court under this Act or the Adoption of Children Ordinance (now
repealed), there is proved to the satisfaction of the court the identity of the infant
with a child to whom an entry in the Register of Births relates, any adoption order
made in pursuance of the application shall contain a direction to the RegistrarGeneral to cause the entry in the Register of Births to be marked with the word
"Adopted".
(4) Where an adoption order is made by the court in respect of an infant who has
previously been the subject of an adoption order made by such court under this Act
or the Adoption of Children Ordinance (now repealed), the order shall contain a
direction to the Registrar-General to cause the previous entry in the Adopted
Children Register to be marked with the word "Re-adopted".
(5) Where an adoption order is made by the court, the court shall cause the order to
be communicated in the prescribed manner to the Registrar-General, and upon
receipt of such communication the Registrar-General shall cause compliance to be
made with the directions contained in the order both in regard to marking any entry
in the Register of Births with the word "Adopted" and in regard to making the
appropriate entry in the Adopted Children Register.
Amendment of orders and rectification of registers.
Cap 21(1948)
15. (1) The court by which an adoption order has been made under this Act
or the Adoption of Children Ordinance (now repealed) may, on the application of the
adopter or of the adopted person, amend the order by the correction of any error in
the particulars contained therein; and, where an adoption order is so amended, the
court shall cause the amendment to be communicated in the prescribed manner to
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the Registrar-General, and any necessary correction of or addition to the Adopted
Children Register shall be made accordingly.
(2) Where the adoption order was made before the commencement of this Act, the
power of the court under subsection (1) shall include power to amend the order (a) by the insertion of the country of the adopted person's birth;
(b) (where the order does not specify a precise date as the date of the adopted
person's birth) by the insertion of the date which appears to the court to be the date
or probable date of his birth; and the provisions of that subsection shall have effect
accordingly.
(3) Where an adoption order is quashed or an appeal against an adoption order
allowed, the court which made the order shall give directions to the RegistrarGeneral to cancel any marking of an entry in the Register of Births and any entry in
the Adopted Children Register which was effected in pursuance of the order.
(4) Where the Registrar-General is notified by the Registrar-General or
Administrator-General of any of the East African Territories that an adoption order
has been made by a court in such territory under the law with regard to the adoption
of children in force in such territory in respect of an infant to whom an entry in the
Register of Births or the Adopted Children Register relates, the Registrar-General
shall cause the entry to be marked "Adopted (Tanzania)" or "Adopted (Uganda)", as
the case may be, or, as the case may be, "Re-adopted (Tanzania)" or "Re-adopted
(Uganda)", and, where, after an entry has been marked in pursuance of this
subsection, the Registrar-General is notified as aforesaid that the adoption order has
been quashed or that an appeal against an adoption order has been allowed, he shall
cause the marking to be cancelled.
(5) A copy or extract of an entry in any register, being an entry the marking of which
is cancelled under this section, shall be deemed to be an accurate copy if, and only
if, both the marking and the cancellation are omitted therefrom.
PART IV-EFFECTS OF ADOPTION ORDERS
Rights and duties of parents and capacity to marry.
16. (1) Upon an adoption order being made, all rights, duties, obligations and
liabilities of the parents or guardians of the infant in relation to the future custody,
maintenance and education of the infant, including all rights to appoint a guardian
and to consent or give notice of dissent to marriage, shall be extinguished, and all
such rights, duties, obligations and liabilities shall vest in and be exercisable by and
enforceable against the adopter as if the infant were a child born to the adopter in
lawful wedlock; and in respect of the matters aforesaid the infant shall stand to the
adopter exclusively in the position of a child born to the adopter in lawful wedlock.
(2) In any case where two spouses are the adopters, the spouses shall in respect of
the matters aforesaid, and for the purpose of the jurisdiction of any court to make
orders as to the custody and maintenance of and right of access to children, stand to
each other and to the infant in the same relation as they would have stood if they
had been the lawful father and mother of the infant and the infant shall stand to
them respectively in the same relation as to a lawful father and mother respectively.
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(3) For the purpose of any written law relating to marriage for the time being in force
in Kenya, an adopter and the person whom he has been authorized to adopt under
an adoption order shall be deemed to be within the prohibited degrees of
consanguinity; and the provisions of this subsection shall continue to have effect
notwithstanding that some person other than the adopter is authorized by a
subsequent order to adopt the same infant.
Workmen’s compensation.
17. For the purposes of the Workmen’s Compensation Act (Cap 236), an
infant whom a deceased workman has been authorized to adopt under an adoption
order shall be deemed to be a member of the family of such workman and an
adopter shall be deemed to be the parent of a deceased workman whom he has been
so authorized to adopt.
Orders and agreements respecting illegitimate children.
4 of 1978, s.13
18. (1) Where an adoption order is made in respect of an infant who is
illegitimate, then subject to this section, any order, decree or agreement whereby
the father of the infant is required or has undertaken to make payments specifically
for the benefit of the infant shall cease to have effect, but without prejudice to the
recovery of any arrears which are due under the decree, order or agreement at the
date of the adoption order.
(2) Where an infant to whom any such order, decree or agreement as aforesaid
relates is adopted by his mother, and the mother is a single woman, the order,
decree or agreement shall not cease to have effect by virtue of the foregoing
subsection upon the making of the adoption order, but shall cease to have effect if
she subsequently marries.
(3) Where an adoption order is made in respect of an infant committed to the care of
a fit person, an approved society or an appointed local authority by an order in force
under the Children and Young Persons Act, the last mentioned order shall cease to
have effect; and in any such case any contribution order made in respect of the
infant shall cease to have effect, but without prejudice to the recovery of any arrears
which are due under that order at the date of the adoption order.
Intestacies, wills and settlements.
19. (1) Where, at any time after the making of an adoption order, the
adopter or the adopted person or any other person dies intestate in respect of any
movable or immovable property (other than property subject to an entailed interest
under a disposition made before the date of the adoption order), that property shall
devolve in all respects as if the adopted person were the child of the adopter born in
lawful wedlock and were not the child of any other person.
(2) In any disposition of movable or immovable property made, whether by
instrument inter vivos or by will (including codicil), after the date of an adoption
order -
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(a) any reference (whether express or implied) to the child or children of the adopter
shall, unless the contrary intention appears, be construed as, or as including, a
reference to the adopted person;
(b) any reference (whether express or implied) to the child or children of the adopted
person's natural parents or either of them shall, unless the contrary intention
appears, be construed as not being, or as not including, a reference to the adopted
person; and
(c) any reference (whether express or implied) to a person related to the adopted
person in any degree shall, unless the contrary intention appears, be construed as a
reference to the person who would be related to him in that degree if he were the
child of the adopter born in lawful wedlock and were not the child of any other
person.
(3) Where under any disposition any movable or immovable property or any interest
in such property is limited (whether subject to any preceding limitation or charge or
not) in such a way that it would, apart from this section, devolve (as nearly as the
law permits) along with a dignity or title of honour, then whether or not the
disposition contains an express reference to the dignity or title of honour, and
whether or not the property or some interest in the property may in some event
become severed therefrom, nothing in this section shall operate to sever the
property or any interest therein from the dignity, but the property or interest shall
devolve in all respects as if this section had not been enacted.
Provisions supplementary to section 19.
20. (1) For the purposes of the application of any written law for the time
being in force in Kenya to the devolution of any property in accordance with section
19, and for the purposes of the construction of any such disposition as is mentioned
in that section, an adopted person shall be deemed to be related to any other person
being the child or adopted child of the adopter or (in the case of a joint adoption) of
either of the adopters (a) where he or she was adopted by two spouses jointly, and that other person is the
child or adopted child of both of them, as brother or sister of the whole blood:
(b) in any other case, as brother or sister of the half-blood.
(2) Notwithstanding any rule of law, a disposition made by will or codicil executed
before the date of an adoption order shall not be treated for the purposes of section
19 as made after that date by reason only that the will or codicil is confirmed by a
codicil executed after that date.
(3) Notwithstanding anything in section 19, trustees or personal representatives may
convey or distribute any movable or immovable property to or among the persons
entitled thereto without having ascertained that no adoption order has been made by
virtue of which any person is or may be entitled to any interest therein, and shall not
be liable to any such person of whose claim they have not had notice at the time of
the conveyance or distribution; but nothing in this subsection shall prejudice the
right of any such person to follow the property, or any property representing it, into
the hands of any person, other than a purchaser for value without notice, who may
have received it.
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(4) Where an adoption order is made in respect of a person who has been previously
adopted, the previous adoption shall be disregarded for the purposes of section 19 in
relation to the devolution of any property on the death of a person dying intestate
after the date of the subsequent adoption order and in relation to any disposition of
property made after that date.
Effect of overseas adoption.
21. (1) Where a person has been adopted (whether Effect of before or after
the commencement of this Act) in any place outside Kenya according to the law of
that place, and the adoption is one to which this section applies, for the purposes of
this Act and all other written laws, the adoption shall have the same effect as an
adoption order validly made under this Act, and shall have no other effect.
(2) Subsection (1) shall apply to an adoption in any place outside Kenya, if (a) the adoption order was made by an order of any court of law in any country in
the Commonwealth; and
(b) in consequence of the adoption, the adopter had, or would have had,
immediately following the adoption, according to the law of that place, a right
superior to that of any natural parent of the adopted person in respect of the custody
of the person; and
(c) in consequence of the adoption, the adopter had, immediately following the
adoption, according to the law of that place, a right superior to or equal with that of
any natural parent in respect of any property of the adopted person which was
capable of passing to the parents or any parent of the person in the event of the
person dying intestate without other next of kin and domiciled in the place where the
adoption was made and a national of the country which had jurisdiction in respect of
that place,
but not otherwise.
PART V-ADOPTION SOCIETIES
Restriction on making arrangements for adoption.
4 of 1978, s.14
22. (1) No local authority or body of persons shall make any arrangements
for the adoption of an infant under the provisions of this Act unless that local
authority or body is approved as an adoption society under this Part.
(2) The Minister may by order published in the Gazette prohibit the making of
arrangements for the adoption of an infant under the provisions of this Act by any
individual persons other than the parents or guardian of an infant, or such other
persons or classes of persons as may be prescribed, and any person who
contravenes the provisions of such order shall be guilty of an offence and liable to
imprisonment for a term not exceeding six months or to a fine not exceeding six
thousand shillings or to both.
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(3) Any local authority or other corporate body of persons, or any person who takes
part in the management or control of an unincorporated body of persons, which
makes arrangements for the adoption of an infant in contravention of subsection (1)
shall be guilty of an offence.
(4) Any local authority or other corporate body guilty of an offence under this section
shall be liable to a fine not exceeding twelve thousand shillings.
(5) Any person who takes part in the management or control of an unincorporated
body of persons which is guilty of an offence under this section, or any person to
whom section 31 applies in relation to an offence under this section, shall be liable to
imprisonment for a term not exceeding six months or to a fine not exceeding six
thousand shillings or to both.
(6) In any proceedings under this section, proof of things done or of words written,
spoken or published (whether or not in the presence of any party to the proceedings)
by any person taking part in the management or control of a body of persons, or in
making arrangements for the adoption of infants on behalf of the body, shall be
admissible as evidence of the purpose for which that body exists.
Approval of adoption societies.
23. (1) A local authority, or the managing committee or Approval of
governing body of any body of persons which exists wholly or in part for the purpose
of making arrangements for the adoption of infants, may apply to the Minister for
that local authority or body to be approved by him as an adoption society, and the
Minister may after making such inquiries as he thinks fit, approve that local authority
or body for that purpose and issue a certificate of approval accordingly.
(2) The Minister shall not approve an adoption society under this Part, unless the
society is a local authority, or unless he is satisfied, by such evidence as he may
reasonably require, that the society is a charitable association.
(3) The Minister may refuse to approve an adoption society, other than a local
authority, under this Part if it appears to him (a) that the activities of the society are not controlled by a committee of members of
the society who are responsible to the members of the society;
(b) that any person proposed to be employed or employed by the society for the
purpose of making any arrangements for the adoption of children on behalf of the
society is not a fit and proper person to be so employed;
(c) that the number of competent persons proposed to be employed, or employed,
by the society for the purpose aforesaid is insufficient having regard to the extent of
the activities of the society in connexion with that purpose;
(d) that any person taking part in the management or control of the society or any
member of the society has been convicted of an offence under this Act, or of a
breach of any regulations made under this Act; or
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(e) that it would not be in the public interest to approve the same having regard to
the number of adoption societies already approved and functioning in the particular
locality.
(4) The Minister may at any time cancel the certificate of approval of an adoption
society, other than a local authority, on any ground, except that mentioned in
paragraph (e) of subsection (3), which would entitle him to refuse an application for
the approval of the society, or on the ground that the society is no longer a
charitable association; and the Minister may at any time cancel the certificate of
approval of any adoption society if he is satisfied that it is failing or has failed to
discharge properly its functions under this Act.
(5) A local authority which has been approved as an adoption society, or the
managing committee or governing body of any adoption society, may, on giving
three months' notice to the Minister of their intention to do so, surrender the
certificate of approval of the society, and at the expiration of three months from the
date of the notice (unless the notice is previously withdrawn) the surrender of the
certificate shall take effect, and the local authority or the society shall cease to be an
adoption society.
(6) The Minister shall, within one month from the date thereof, cause any grant of a
certificate of approval and any notice of the withdrawal of, or intention to surrender,
the certificate to be published in the Gazette.
Procedure.
24. (1) Where the Minister proposes to refuse an application for a certificate
of approval made to him by or on behalf of a local authority or any body of persons
or to cancel the certificate of approval of an adoption society, he shall give to it not
less than fourteen days' notice in writing of his intention so to do.
Functions of adoption societies.
25. The functions of an adoption society shall be (a) whenever required by an applicant or a prospective applicant for an adoption
order, or by the court or the Minister, to conduct negotiations with any person who,
having the care and possession of an infant, is desirous of causing the infant to be
adopted, and, in particular, to secure that the parent or guardian of the infant
understands the effect, in relation to his rights as a parent or guardian, of the
making of an adoption order in respect of the infant;
(b) subject to its having the facilities to do so, to take care and possession of any
infant whose parent or guardian is desirous of causing the infant to be adopted,
pending arrangements for such adoption;
(c) in the case of every such infant as aforesaid, to make such inquiries and cause
such reports to be obtained as the society may think fit, or as the court may direct,
for the purpose of ensuring, so far as may be, the suitability of the infant and the
person proposing to adopt him respectively and. in particular, to obtain a report on
the health of the infant signed by a medical practitioner;
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(d) to nominate a member or officer of the society to act as guardian ad litem to any
such infant as aforesaid for the purpose of any adoption proceedings relating to such
infant, but without prejudice to the power of the court to appoint any other person to
act as guardian ad litem to the infant in such proceedings;
(e) in so far as the funds at its disposal permit, to make provision for the care and
supervision of infants who have been placed by their parents or guardians at the
disposition of the society;
(f) to perform such other duties as may be prescribed.
Arrangements by adoption societies for adoption.
26. (1) It shall not be lawful for an adoption society by whom arrangements
are made for the adoption of an infant to place the infant in the care and person
resident in Kenya who proposes to adopt him, whether in pursuance of an adoption
order or otherwise if an adoption order in respect of the infant could not lawfully be
made in favour of that person.
(2) At any time within three months from the date on which an infant is delivered
into the care and possession of a person resident in Kenya in pursuance of
arrangements made by an adoption society for the adoption of the infant by that
person (a) that person may give notice in writing to the society of his intention not to adopt
the infant; or
(b) the society may cause notice in writing to be given to that person of their
intention not to allow the infant to remain in his care and possession.
(3) If at the expiration of the period of three months mentioned in subsection (2) no
such notice as is mentioned in that subsection has been given, the person into whose
care and possession the infant was delivered shall, within six months after the
expiration of that period, either (a) apply to the court for an adoption order in respect of the infant; or
(b) give notice in writing to the society of his intention not to apply for such an
order.
(4) Where any notice is given to an adoption society by any person, or by such a
society to any person under subsection (2) or subsection (3), or where an application
for an adoption order made by any person pursuant to subsection (3) is refused by
the court, that person shall, within seven days after the date on which the notice was
given or the application refused, as the case may be cause the infant to be returned
to the society, and the society shall receive the infant accordingly:
Provided that it shall be sufficient compliance with the requirements of this
subsection if the infant is delivered by the said person to, and is received by a
suitable person nominated for the purpose by the society.
(5) Any person who contravenes the provisions of this section shall be guilty of an
offence and liable to imprisonment for a term not exceeding six months or to a fine
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not exceeding one thousand shillings or to both; and the court by which the offender
is convicted may order any infant in respect of whom the offence is committed to be
returned to his parents or guardian or to the adoption society.
Inspection of books, etc., of adoption societies.
27. (1) The Minister may at any time give notice in writing to any adoption
society, or to any officer of such a society, requiring that society or officer to produce
to him such books, accounts and other documents relating to the performance by the
society of the function of making arrangements for the adoption of infants as he may
consider necessary for the exercise of the powers conferred on him by subsection (4)
of section 23.
(2) Any such notice may contain a requirement that any information to be furnished
in accordance with the notice shall be verified by statutory declaration.
(3) Any person who fails to comply with the requirements of a notice under this
section shall be guilty of an offence and liable to imprisonment for a term not
exceeding three months or to a fine not exceeding one thousand shillings or to both.
PART VI-MISCELLANEOUS AND GENERAL PROVISIONS
Information to be confidential.
4 of 1978, s.15
28. (1) Every member or officer of an adoption society and every person
having any official duty under or being employed in the administration of this Act,
shall regard and deal with all documents and information relating to the adoption or
proposed adoption of any infant, or to any such infant, or to the parent or guardian
of any such infant or to the proposed adopter of any such infant as secret and
confidential.
(2) Every person having possession or control over any such documents or
information who at any time communicates any such information or anything
contained in any such document to any person (a) other than the court, the Minister, the Registrar-General or any other member or
officer of the society; or
(b) otherwise than for the purposes of this Act,
shall be guilty of an offence and liable to imprisonment for a term not exceeding six
months or to a fine not exceeding two thousand shillings or to both:
Provided that nothing herein contained shall apply to the communication of any
document or information made in good faith in the interest or intended interest of
any such infant as aforesaid or of the parent or guardian of, or proposed adopter of,
any such infant.
(3) No officer or member of an adoption society, and no person having any official
duty under or being employed in the administration of this Act, shall be required to
produce in any court any such document as aforesaid, or to divulge or to
communicate to any court any such information as aforesaid, except as may be
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necessary for the purpose of carrying into effect the provisions of this Act, or in order
to bring or assist in the course of a prosecution for any offence under this Act.
(4) The Minister may by order exempt any person, by name or office, from the
provisions of this section
Prohibition of certain payments.
4 of 1978, s.17
29. (1) Subject to subsection (2) (a) any adopter or any parent or guardian to an infant who receives any payment or
other reward in consideration of the adoption of an infant under this Act; or
(b) any person who makes or gives or agrees to make or give to any adopter or any
parent or guardian of an infant any payment or other reward in consideration of the
adoption of any infant under this Act; or
(c) any person who makes arrangements for the adoption of an infant and receives
or makes or gives or agrees to receive or make or give any payment or other reward
in connexion with the making of the arrangements,
shall be guilty of an offence and liable to imprisonment for a term not exceeding six
months or to a fine not exceeding four thousand shillings or to both.
(2) Subsection (1) shall not apply (a) to any payments the making or receipt of which is sanctioned by the court to
which an application for an adoption order in respect of an infant is made;
(b) to any payments made by or on behalf of an adoption society in respect of the
maintenance of an infant who has been placed at the disposition of the society;
(c) to any payments made to an adoption society by the parent or guardian of an
infant or by any other person in respect of the maintenance of the infant, so long as
the infant is not in the care and possession of a person who has adopted or proposes
to adopt him, whether under an adoption order or otherwise, being payments made
weekly and at a rate not exceeding such rate as may be prescribed;
(d) to any payments made to an advocate who acts for any party in or in connexion
with an application for an adoption order, being payments made in respect of such
application; or
(c) to any voluntary contribution made by an adopter or any parent or guardian to
an adoption society.
Restriction upon advertisements.
30. (1) It shall not be lawful for any advertisement to be published indicating
(a) that the parent or guardian of an infant desires to cause the infant to be
adopted; or
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(b) that a person desires to adopt an infant; or
(c) that any person (not being an adoption society) is willing to make arrangements
for the adoption of an infant.
(2) Any person who causes to be published or knowingly publishes an advertisement
in contravention of this section shall be guilty of an offence and liable to a fine not
exceeding one thousand shillings.
Offences under Part V and VI.
4 of 1978, s.18
31. Where any offence under Part V or Part VI or any regulations made
thereunder committed by a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any neglect on the part of, any
director, manager, member of the committee, secretary or other officer of the body,
he, as well as the body, shall be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
Service of notices.
32. Any notice under this Act may be served by post.
Powers of local authorities.
33. Every local authority shall have power, in connexion with their functions
under any written law, to make and participate in arrangements for the adoption of
children, but such power shall only be exercised in accordance with the provisions of
this Act.
Expenses.
34. There shall be defrayed out of moneys provided by Parliament any
administrative expenses incurred by the Minister or by any other Minister under this
Act.
Regulations.
35. The Minister may make regulations for the better carrying out of the
provisions and purposes of this Act, and, without prejudice to the generality of the
foregoing, for either of the following purposes (a) for regulating and maintaining supervision over the activities of adoption
societies and persons or bodies of persons purporting to assist in or make
arrangements for the adoption of children; and
(b) for prescribing any matter authorized or required to be prescribed under this Act,
save the matters to be prescribed by rules made under section 12.
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Exemption.
36. The Minister shall have power, from time to time, by order, either
retrospectively, from the passing of this Act or prospectively to exclude from the
operation of all or any of the provisions of this Act the members of any race, tribe or
sect, in Kenya, or any part of such race, tribe or sect to whom he may consider it
impossible or inexpedient to apply such provisions, and may also from time to time
revoke any such order, but not so that the revocation shall have any retrospective
effect.
Adoptions under previous law.
Cap 2, Cap 21 (1948)
37. Without prejudice to the generality of the application of subsection (3) of
section 23 of the Interpretation and General Provisions Act, the provisions of the
Second Schedule to this Act shall have effect in relation to the Adoption of Children
Ordinance (now repealed).
FIRST SCHEDULE
(s.14, 4 of 1978, s.19)
FORM OF ENTRY IN ADOPTED CHILDREN REGISTER
1
No.
entry
of
2
Date and
country
of
birth
of child
3
Name
and
surname
of child
4
Sex
child
of
5
Name,
address
and
occupation
of adopter
or
adopters
6
Date
of
adoption
order and
court by
which
made
7
Date
entry
of
8
Signature
of officer
deputed
by
RegistrarGeneral
to attest
the entry
SECOND SCHEDULE
(s. 37)
PROVISIONS REGARDING ADOPTIONS UNDER THE PREVIOUS LAW
1. Subsection (3) of section 16 shall apply in relation to an adoption order made under the
Adoption of Children Ordinance as if it were an adoption order within the meaning f that
subsection:
Provided that nothing this paragraph shall invalidate a marriage solemnized before the
commencement of this Act.
2. Section 17 shall apply in relation to an adoption order made under the Adoption of Children
Ordinance as if it were an adoption order within the meaning of this Act.
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3. So much of subsection (2) of section 18 as provides for the cesser of an affiliation order,
decree or agreement upon the marriage of a woman who has adopted an infant under an
adoption order shall apply in relation to an adoption order made under the Adoption of
Children Ordinance, as if it were an adoption order within the meaning of that section.
4. Sections 19 and 20 shall apply in relation to an adoption order made under the Adoption of
Children Ordinance, as if it were an adoption order within the meaning of those sections
respectively:
Provided that nothing in section 19 shall affect the devolution of any property on the intestacy
of a person who died before the commencement of this Act, or any disposition made before
that date.
5. Any register kept under the Adoption of Children Ordinance, and any index to such a
register, shall be deemed to be part of the register or index kept under the corresponding
provisions of this Act.
6. Subsection (1) of section 29 shall apply in relation to the adoption of an infant under the
Adoption of Children Ordinance, as it applies in relation to the adoption of an infant under this
Act.
7. Any proceedings pending at the commencement of this Act under the Adoption of Children
Ordinance may be continued under the corresponding provision of this Act.
[L.N.248/1972, L.N.232/1978]
SUBSIDIARY LEGISLATION
Rules under section 12
THE ADOPTION RULES
Citation.
1. These Rules may be cited as the Adoption Rules.
Interpretation.
2. In these Rules, unless the context otherwise requires "applicant" includes either, as well as both, of two joint applicants;
"registrar" means the Registrar of the High Court and includes a district and deputy registrar
and, in a subordinate court, the executive officer.
3. (Deleted by L.N.232/1978.)
Commencement of proceedings.
4. (1) Proceedings for an adoption order shall be commenced by originating summons in Form
1 which shall, unless otherwise ordered by the court, be served on (a) all persons whose consent to the making of the order is required by section 4 (6) of the
Act; and
(b) any adoption society by whom arrangements for the adoption have been made.
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(2) An appearance to the originating summons shall be entered within ten days of service
thereof.
Confidentiality of identity.
5. If any person proposing to apply for an adoption order desires that his identity shall be kept
confidential, he may, before taking out an originating summons, apply to the registrar for a
serial number to be assigned to him for the purposes of the proposed application and such a
number shall be assigned to him accordingly.
Application by adoption society.
6. An adoption society may apply to the registrar for a serial number to be assigned to it for
the purposes of a proposed application and the adoption society need not give the name of
any applicant and such a number shall be assigned to it accordingly.
Previous proceedings.
7. If it appears that the applicant has previously made an application for an adoption order in
respect of the same infant, the application shall not be proceeded with unless the court is
satisfied that there has been a substantial change in the circumstances since the previous
application.
Evidence in support of application.
8. There shall be filed with the originating summons the following documents (a) a statement in Form 2 which shall be verified by an affidavit in Form 3;
(b) an affidavit of fitness of the proposed guardian ad litem which shall further show that the
proposed guardian has no interest adverse to those of the infant; but no such affidavit shall be
required if the proposed guardian is an adoption society;
(c) the consent to act of the guardian ad litem;
(d) the consent of any person to the making of an adoption order in Form 4;
(e) any other affidavit or document required by the circumstances.
Appointment of guardian ad litem.
8A. An application for appointment of a guardian ad litem shall be made ex parte before any
further step in the proceedings is taken.
Duties of guardian ad litem.
9. It shall be the duty of the guardian ad litem to investigate as fully as possible all
circumstances relevant to the proposed adoption with a view to safeguarding the interests of
the infant, and to report to the court in writing in particular on the following matters (a) whether the matters alleged in the applicant's statement are true;
(b) in the case of an application by one only of two spouses (i) whether the other spouse consents to the application; and
(ii) why he or she does not join in the application;
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(c) whether the means of the applicant enable him to maintain and bring up the infant suitably
including by the provision of a proper education;
(d) whether the applicant understands that an adoption order is irrevocable and that the order
will make him responsible for the maintenance and upbringing of the infant;
(e) who are the parents of the infant;
(f) who is liable to contribute to the support of the infant;
(g) whether the infant has any right to or interest in property;
(h) whether the infant (if of an age to understand the effect of an adoption order, and knowing
that he is not the child of the applicant) wishes the order to be made;
(i) whether he considers it desirable that any special terms or conditions be imposed in the
adoption order;
(j) what relatives (if any) the infant has, whether they have been informed of the proposed
adoption and whether any of them has offered and is able to provide a suitable home for the
infant; and
(k) whether the proposed adoption will be in the best interests of the infant,
and the guardian ad litem shall attach to his report a certified copy of the infant's birth
certificate, or if the infant has been previously adopted, a certified copy of the relevant entry
in the Adopted Children Register.
Confidentiality of information.
10. (1) The guardian ad litem and, where a body of persons is appointed guardian ad litem,
any officer or agent of that body shall regard all information obtained in the investigation or
otherwise in relation to the matter as confidential, and shall not divulge any part of it to any
person save as may be necessary for the proper execution of his duty.
(2) The report referred to in rule 9 shall be made by the guardian ad litem or its officer or
agent personally and m his own words and unless the court otherwise directs, shall not be
disclosed to any person other than the applicant or his advocate or the adoption society (if
any) acting on behalf of the applicant.
Custody pending disposal.
10A. An application for custody of the infant pending disposal of the application for adoption
under section 5 (5) of the Act shall be by summons in Form 4A and shall be supported by an
affidavit in Form 4s both of which shall be served on (a) all persons whose consent to the making of the order is required by section 4 (6) of the
Act and whose consent has neither been given in Form 4 or Form 7 nor been dispensed with
under section 5 of the Act;
(b) any adoption society by whom arrangements for the adoption have been made;
(c) the guardian ad litem.
Dispensing with consent.
10B. An application to dispense with the consent of any person on any of the grounds
specified in section 5 of the Act shall be by summons in Form 4C served on the person whose
consent it is desired to dispense with, unless such person cannot be found, and accompanied
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Adoption Act, Cap 143
by a statement, which shall also be filed with court, of the facts upon which the applicant
intends to rely in support of the application.
Hearing of the application.
11. Notice of the hearing of the application for adoption shall be in Form 5 and shall be served
on
(a) all persons referred to in paragraphs (a), (b) and (c) of rule 10A; and
(b) all persons who have entered an appearance to the originating summons.
Appearance at hearing.
12. On the hearing of the application any person on whom notice is required to be served
under rule11 may appear before the judge to show cause why an adoption order should not be
made; and an adoption society may be represented by any officer of the society duly
authorized in that behalf.
Proceedings where identity confidential.
13. Unless the court is satisfied that the applicant does not desire his identity to be kept
confidential, or the court is considering an application to dispense with the consent of any
person whose consent is required and is satisfied that disclosure to such person of the identity
of the applicant is necessary in the interests of justice, the proceedings shall be conducted
with a view to securing so far as possible that he is not seen by or made known to any person
(other than the spouse of the applicant) whose consent to the order is required.
Attendance of applicant and infant.
14. Unless otherwise directed, the applicant and any infant reported on by the guardian ad
litem under rule 9 (h) shall attend at the hearing of the application for adoption.
Powers of court on hearing.
15. On the hearing of the application for an adoption order, the court may make such order as
it thinks fit, including an interim order, or it may adjourn the hearing.
Form and transmission of order.
16. Every adoption order shall be drawn up by the registrar in Form 6 and a certified copy
shall be served on the Registrar-General within thirty days of its date.
Interim order.
17. Where the determination of an application is postponed and an interim order made, the
applicant shall obtain an appointment for the further hearing of the application, on, or as soon
as possible after, the expiry of the period specified in the interim order, and shall thereupon
comply with rule 11.
Amendment of adoption order.
18. (1) An order under section 15 (1) of the Act for the amendment of an adoption order may
be made ex parte.
(2) Where an order for the amendment of an adoption order is made the registrar shall send
to the Registrar-General a notice specifying the date of the adoption order and the names of
the adopter and of the adopted person (as described in the adoption order) and stating what
amendments are to be made in the particulars specified in that order.
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Consent to future adoption.
18A. In any case where it is desired to give consent to future adoption under section 7B of the
Act. such consent shall be in Form 7.
Keeping of documents and information.
19. (1) All documents filed in court shall be confidential and shall be so treated by the
registrar.
(2) No copy of any order may be given to or served on any person other than the applicant or
the Registrar General, and subject to these rules no copy of any proceedings or any other
document may be given to any person, unless the court otherwise directs.
Service of documents.
20. Any document required to be served, may be served (a) on an individual, by delivering it to him personally, or by leaving it with some person for
him at his last known or usual place of abode (whether in Kenya or elsewhere) or by sending it
to him by registered post;
(b) on a Government Department, adoption society or other body of persons, by delivering it
at the principal office of the Department, society or body, or by sending it by registered post.
Attestation of documents.
21. (1) For the purposes of section 6 (1) of the Act a document shall be sufficiently attested if
it is attested as follows (a) if it is executed in Kenya, by a magistrate, registrar or advocate;
(b) if it is executed in any Commonwealth country, by any person for the time being
authorized by law in that place to administer an oath for any judicial or other legal purposes;
and
(c) if it is executed in any country outside the Commonwealth, by any consular officer of
Kenya or, if there is none, a consular officer of the United Kingdom or any other
Commonwealth country.
(2) Any document executed in accordance with this rule shall be admissible without further
proof of execution.
Bond.
2lA. Where any person is required under section 7 (2) of the Act to enter into a bond, such
bond shall be in Form 8.
Costs.
22. The court may make such orders as to costs as it thinks fit.
Service of notice of appeal.
23. Notice of appeal under section 11 of the Act shall be served only on the persons who
attended at the hearing of the application.
SCHEDULE
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FORM1
(r. 4)
ORIGINATING SUMMONS ON APPLICATION FOR AN ADOPTION ORDER
In the.................. Court .................. at..................
Adoption Cause No. ............ of 19......
Let ................... of ................ within 10 days of service on him enter an appearance to this
summons which is issued on the application of ............................ of.................... (or, under
the serial number ............) for an order (1) That .................................. of....................... be appointed guardian ad litem in this
case.
(2) That the applicant(s) be authorized to adopt ............................... an infant (enter the
forenames only of the infant in accordance with the birth certificate).
Dated this .................. day of ................... 19......
.................................
Registrar
This summons was taken out by the applicant personally/the........................ Adoption
Society of .............................. on behalf of the applicant/....................... advocate for the
applicant.
Note:
If the person served does not enter an appearance within the time above mentioned the
application will be dealt with without further reference to him unless that person is (a) an adoption society which has made arrangements for the adoption; or
(b) a person whose consent to the adoption is required but has not been given,
and in either of the latter cases notice of further proceedings in the application will be served
in accordance with rules 10A, 10B or 11 of the Adoption Rules.
FORM 2
(r. 8 (a))
(Heading as in Form 1)
STATEMENT IN SUPPORT OF AN APPLICATION FOR AN ADOPTION ORDER
1. I/We, the undersigned, wish to adopt AB an infant of the ......................... sex born on
the.................................
2. My/Our full name(s) is/are.......................................................................
3. My/Our occupation(s) is/are...................................................................
4. My/Our date(s) of birth is/are..................................................................
5. I/We reside at.........................................................................................
6. I/We am/are of .................................... nationality and of ................race.
7. I/We have resided in Kenya since...........................................................
8. I/We intend to continue to reside in Kenya indefinitely/until......................
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9. I am married/a widow/a widower/a divorcee/married to ED of................. /We are married
to each other and are the persons to whom the attached marriage certificate (or other
evidence of marriage) relates. My/Our marriage is/is not polygamous or such as may lawfully
become polygamous.
10. I/We am/are of the ........................................... religion.
11. The infant was received into my/our care and possession on ................... and has been
continuously in my/our care and possession since that date.
12. The infant is of ........................... nationality and of....................... race.
13. The infant is of the ................................................. religion.
14. I/We have not received or agreed to receive, and no person has made or given or agreed
to make or give to me/us, any payment or reward in consideration of the adoption.
15. I/We have not made any previous application for an adoption order in respect of the same
infant, except (give details)...........................................
16. I/We desire that my/our identity should be kept confidential.
17. I/We am/are related to the infant as follows: ..........................................
18. If an adoption order is made, it is proposed that the infant be
as...................................................................................................................
known
19. No previous application has been made relating to the adoption of the infant (or as the
case may be).
FORM 3
(r. 8 (a))
(Heading as in Form 1)
AFFIDAVIT IN SUPPORT OF APPLICATION
I, ..................................... of ................................. make oath and say: 1. I am the applicant herein.
2. The facts stated in paragraphs ................................. of my statement herein dated the
.................. day of 19....... are true.
3. The facts stated in paragraphs ........................... of my said statement are true to the
best of my knowledge, information and belief.
SWORN at.................... this ...................... day of .................. 19......etc.
Notes:
Throughout this Form, in the case of a joint application, substitute the plural.
FORM 4
(r. 8 (d))
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CONSENT TO AN ADOPTION ORDER IN RESPECT OF AN INFANT NAMED A.B. (1)
Whereas an application is to be made (by CD and ED) (2) or (under the serial number
.....................) (Whereas the said AB (hereinafter called the infant) is not less than six weeks
old, having been born in .................. on the .................. day of ......................... 19......)
(3)
I the undersigned .............................. of ......................... being the mother of the
infant/the father of the infant/a guardian of the infant/the parent of the mother of the infant
(in a case where the mother of the infant is unmarried and under the age of 18) / person
liable by virtue of an order or agreement to contribute to the maintenance of the infant/the
spouse of CD, hereby state as follows (1) I understand that the effect of an adoption order will be to deprive me permanently of the
rights of a parent/guardian and in particular I understand that, if an order is made, I shall
have no right to see or get in touch with the infant or have him/her returned to me;
(2) I understand that when the application for an adoption order is heard by the court, this
document may be used as evidence of my consent to the making of the order;
(3) I consent to the making of an adoption order (on condition that the religious persuasion in
which the infant is brought up is ...........................) (4)
.....................................
(Signature)
Signed at......................on the ...........................day of .................., 19......., by the
said..................................... (who satisfied me that she fully understood the foregoing
statement) (3)
Before
me.........................................
(Signature)
of...................................................... (address)..........................................................
(description)
Notes:
(1) Insert name as known to consenting party.
(2) Where the name of applicant is not known to the consenting party, and serial number has
been obtained for the application under rule 5, complete the entry contained in second
brackets.
(3) Delete the words in brackets except where the consenting party is the mother of infant.
(4) Delete the words in brackets if no condition as to religious upbringing is to be imposed.
Form 4A
(r.10A)
APPLICATION FOR RETENTION OF CUSTODY OF THE INFANT PENDING FINAL
DISPOSAL OF THE APPLICATION
(Heading as form in Form 1)
To:
...................................
...................................
TAKE NOTICE that an application will be made to the ..................... at the ......................
court .....................on.................... the ........................ day of ..........................., 19
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Adoption Act, Cap 143
............ at .........................o'clock for an order that the applicant(s) may be granted
custody of the infant............................. until the disposal of the application for adoption.
You may appear at the time and place stated above to show cause why the application for
custody should not be granted.
Applicant /
Adoption Society acting for the Applicant /
Advocate for the Applicant.
FORM 4B
(r. 10A)
(Heading as in Form 1)
AFFIDAVIT IN SUPPORT OF APPLICATION FOR CUSTODY PENDING DISPOSAL
I. ......................................of ................................. make oath and say (1) I am the applicant herein.
(2) The infant ....................................... who is the subject of my application for adoption
has been lawfully in my care since...........................................
(3) The circumstances in which the infant came into my care are as
...................................................................................................................
...................................................................................................................
follows
-
(4) I therefore ask that this court grant me custody of the infant.................... until such time
as my application to adopt him/her is finally disposed of.
SWORN at ........................... this ............... day of................. 19...... etc.
Note. - In the case of a joint application substitute the plural.
FORM 4c
(r. 10B)
APPLICATION FOR AN ORDER DISPENSING WITH CONSENT
(Heading as in Form 1)
To: ................................................
TAKE NOTICE that an application will be made to the Judge in Chambers on .................. the
day of ................... 19....... at .................. o'clock for an order dispensing with your consent
to the adoption being made.
The grounds on which the application will be made are that the case falls within the following
provisions of section 5 of the Adoption Act, that is to say
.......................................................................................................
A statement of the facts on which the applicant intends to rely in support of the application
accompanies this summons.
If you do not appear in answer to this summons at the time and place stated above the
application will be determined in your absence.
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Adoption Act, Cap 143
Applicant/
Adoption Society acting for the
Applicant/
Advocate for the Applicant.
FORM 5
(r.11)
HEARING NOTICE
(Heading as in Form 1)
To: ............................................................ of.......................................... Whereas an
application has been made (by CD/CD and ED) (1) or (under the serial number of
..................)
TAKE NOTICE that the application will be heard at the.................... Court .........................
at ..................... o'clock in the forenoon on .................. the ..................... day
of................. 19....... and that you may appear to show cause why the adoption order should
not be made.
Dated this .................. day of ...................... 19........
Applicant/
Advocate
for
Adoption Society acting for the Applicant
the
Applicant/
Note:
(1) The name of the applicant must not be given when the notice is addressed to an individual
and a serial number has been obtained under rule 5 or rule 6.
FORM 6
(r. 16)
ADOPTION ORDER
(Heading as in Form 1)
Application having been made by CD by occupation a .................. resident at ..................
and ED his wife (hereinafter called the applicant/applicants) for an order under the Adoption
Act authorizing him/her/them to adopt AB an infant, the child/adopted child of FB/FB and GB.
And the said AB (hereinafter called the infant) being of the.................... sex and never
having been married;
And the applicant/one of the applicants having attained the age of twenty-five years and being
at least twenty-one years older than the infant; Having attained the age of twenty-one years
and being a relative of the infant within the meaning of the Act; Being the mother/father of
the infant;
(And the names by which the infant is to be known being FD) (1);
(And it having been proved to the satisfaction of the judge that the infant is identical with AB,
to whom an entry numbered .................. and made on the .................... 19 ....... in the
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district of............. ................... relates) (2) And the (probable) (3) date and place of birth of
the infant appearing to be the ............................19....... at ..............................;
(And the infant having been previously the subject of an adoption order dated the
........................ 19 ....... of which particulars are entered in the Adopted Children Register)
(4)
IT
IS
ORDERED
that
the
applicant/applicants
be
authorized
to
adopt
the
infant;
And it is directed that the Registrar-General shall make in the Adopted Children Register an
entry recording the adoption in accordance with the particulars set out in the Schedule to this
Order;
(And it is further directed that the Registrar-General shall cause the said entry in the Register
of Births to be marked with the word "Adopted") (2);
(And it is further directed that the Registrar-General shall notify the Registrar-General of
(Tanzania or Uganda) that an adoption order has been made by the Court in respect of the
infant) (5);
(And it is further directed that the Registrar-General shall cause the previous entry in the
Adopted Children Register relating to the infant to be marked with the word "readopted");
(And it is further directed that the applicant shall comply with the following terms and
conditions referred to in section 7 (2) of the Adoption Act, that is to say
...................................................).
SCHEDULE
Date and place
of birth of child
(6)
Name
(7)
of
child
Sex of child
Name
surname
Address
occupation
adopter
adopters
and
and
of
or
Date of adoption
order and court
by which made
Notes:
(1) Delete where there is no change of name.
(2) Delete this entry Where the infant is identified with a person whose birth is registered in the Register of Births
of Kenya, Tanzania or Uganda;
(b) if the infant has been previously adopted.
Where the infant is identified with a person whose birth is registered in any such registry other
than that of Kenya, modify the entry.
(3) Delete "probable" where the precise date of the infant's birth is proved.
(4) Delete except where the infant has been previously adopted.
(5) Where the infant is identified with a person whose birth is registered in the Register of
Births of Tanzania or Uganda, substitute this direction for the previous one.
(6) Where a probable date and place of birth are specified in the body of the order, enter that
date and place without qualification.
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Adoption Act, Cap 143
(7) Enter only the names by which the infant is to be known.
FORM 7
(r.18A)
CONSENT TO FUTURE ADOPTION OF AN INFANT NAMED (1)
WHEREAS AB an infant born on the ...........................19 ......... has been placed in the care
and protection of an adoption society known as ............... of.....................
I, the undersigned, being the mother of the infant/father of the infant/guardian of the
infant/parent of the mother of the infant (in a case where the mother of the infant is
unmarried and under the age of 18) / person liable by virtue of an order or agreement to
contribute to the maintenance of the infant, hereby state as follows (1) I consent to the future adoption of the infant by any adopter approved by the society
within a year of the last consent being given by all those persons whose consent is required to
be given under section 4 (6) of the Adoption Act.
(2) I understand that the effect of an adoption order is to deprive me permanently of the
rights of a parent/guardian and m particular I understand that if an order is made I shall have
no right to see or get in touch with the infant or have him/her returned to me.
(3) I understand that when an application for an adoption order is heard by the court, this
document may be used as evidence of my consent to the making of the order.
(4) I understand that in the event of the adoption society being unable to find a suitable
adopter within the time specified in paragraph (1) I may be requested by that society to
remove the infant from its care and possession, and that failure to do so may result in an
order being made to commit him/her to the care of a fit person under section 25 of the
Children and Young Persons Act (Cap. 141).
(5) My consent is subject to the condition that the infant is brought up in the.......................
religion (2).
...................................
(Signature)
Signed at ............... on the.............. day of .................. 19....... by the
said.............................. (who satisfied me that she fully understood the nature of the
foregoing statement) 3).
Before me..................................... (Signature)
of................................................. (address)
..................................................... (description)
Notes:
(1) Insert the name as known to the consenting party.
(2) Delete paragraph (5) if inapplicable.
(3) Delete the words in brackets except where the consenting party is the mother of the
infant.
FORM 8
(r. 21A)
(Heading as in Form 1)
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Adoption Act, Cap 143
BOND
BY THIS BOND, I/We ........................................ the person(s) in whose favour an adoption
order
relating
to
the
infant
.....................................
was
made
by
the
....................................
Court
on
the
........................
day
of ........................ 19....... acknowledge myself/ourselves to be firmly bound to do the
several things set out hereunder in pursuance of the direction of the Court made under section
7 (2) of the Adoption Act.
(set
out
the
conditions)
..................................................................................................................
..................................................................................................................
..................................................................................................................
And I/We understand that should I/We fail to undertake any of the obligations of this bond
such failure will constitute contempt of court and be punishable as such.
Dated this .................. day of ................... 19......
Signed, sealed and delivered
by the above named
............................................
in the presence of
...........................................
[L.N.252/1959, L.N.279/1979, Cap. 531]
Regulations under section 35
THE ADOPTION REGULATIONS
PART I - PRELIMINARY
1. These Regulations may be cited as the Adoption Regulations.
2. In these Regulations, except where the context otherwise requires "adopter" means any person making application to an adoption society with a view to adopting
an infant;
"case committee" has the meaning assigned to it in paragraph (b) of regulation 5.
PART II - ADOPTION SOCIETIES
3. Every application for the approval of an adoption society under the Act shall be made in the
form, and shall give the particulars, set out in the First Schedule.
4. Where the parent or guardian of an infant proposes to place an infant at the disposition of a
registered adoption society with a view to the infant being adopted, the society (a) shall furnish the parent or guardian with an explanatory memorandum in the form set out
in the Second Schedule; and
(b) shall not accept the infant unless the parent or guardian has signed and delivered to the
society a certificate of acknowledgement (which the society shall retain) in the form set out in
the Second Schedule that he has read and understood the memorandum.
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Adoption Act, Cap 143
5. In the case of every infant proposed to be delivered by or on behalf of a registered adoption
society into the care and possession of an adopter (a) the society shall make inquiries and obtain reports on the matters set out in the Third
Schedule, and the reports obtained on the health of the infant and the adopters shall be
signed by a medical practitioner, and reports obtained under this paragraph shall be retained
by the adoption society until the infant's age of majority;
(b) the case shall be considered by a committee (called a case committee) appointed by the
society for the purpose and consisting of not less than three and not more than five persons,
one of whom shall wherever possible 'be a trained social worker.
6. No infant shall be delivered into the care and possession of an adopter by or on behalf of an
adoption society until (a) the adopter has been interviewed by the case committee or by some person on their
behalf;
(b) a representative of the case committee has inspected any premises in Kenya in which the
adopter intends that the infant should reside permanently; and
(c) the case committee has considered the reports required by regulation 5.
7. (1) Every adoption society shall, within twelve months after the date of its approval by the
Minister and thereafter at least once in every period of twelve months, furnish to the Minister (a) duly audited accounts and a balance sheet; and
(b) a report in the form set out in the Fourth Schedule to these Regulations.
(2) For the purpose of subparagraph (a) of paragraph (1), the auditor shall be an independent
person who is the holder of a practising certificate issued pursuant to section 21 of the
Accountants Act, or is on other grounds accepted by the Minister as competent for the
purpose; and no person shall be deemed to be independent if he is related to or associated in
business with any member of a committee, I or with any officer, of the society.
8. (1) Every adoption society shall make adequate arrangements for the care and supervision
of infants who have been placed by their parents or guardians in the care of the society.
(2) Every such infant who is not living under the direct control of the society shall, unless and
until the infant has been adopted in pursuance of a adoption order, or he Minister otherwise
directs, be visited in the first month and at least once in every three months thereafter by a
representative of the society, who shall report upon the case to the case committee; and, if
the case committee so recommend, the society shall immediately remove the infant.
PART III MISCELLANEOUS
9. Every prospective adopter shall, forthwith upon an infant being placed with him by any
party other than an adoption society, notify the Chief Inspector of Children of such placement
and of the date thereof.
9A. (1) Where an infant has been delivered into the care and possession of a prospective
adopter, visits shall fee made to the infant at least once in every month (a) in the case of an infant so delivered by an adoption society, by a representative of that
society; or
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(b) in any other case, by the Chief Inspector of Children or his authorized representative and
for that purpose the prospective adopter shall allow access by such person to the infant at any
reasonable time.
(2) The representative of the adoption society or inspector of children shall report on such
visits to the guardian ad litem, unless he is himself the guardian ad litem of the infant.
(3) The provisions of this regulation are additional to and not in substitution for the provisions
of regulation 8.
9B. Where the court makes an adoption order conditional on the adopter accepting supervision
and advice from an adoption society, a representative of such society shall visit the infant at
least once in every month during the continuance in force of the condition and for that
purpose the adopter shall allow access by such person to the infant at any reasonable time.
10. The fees payable under subsection (3) of section 13 of the Act shall be Sh.
(a) to search the index of the Adopted Children Register
2
(b) for a certified copy of an entry in that register
10
FIRST SCHEDULE
(r. 3)
Form of Application for Registration of an Adoption Society
To: The Minister for Health,
Nairobi.
I/We the undersigned being (a person) (persons) duly authorized on behalf of the adoption
society called.......................... hereby apply to have the said society registered under the
Adoption Regulations.
The following are particulars of the society 1. Date of establishment.
2. Full postal address of the society's administrative centre.
3. (a) For what object(s) does the society exist (b) Does it exist only for the above object(s) (c) Does it apply the whole of its profits, if any, and other income in promoting the above
objects [A copy of the instrument governing the society's activities should be attached]
*4. Full names, addresses and occupations or descriptions of all members of the committee
controlling the activities of the society.
*5. Full names, addresses, occupations or descriptions and qualifications of members of the
case committee.
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Adoption Act, Cap 143
6. Has any person taking part in the management or control of the society or any member of
the society been convicted of an offence under the Adoption Act, or of a breach of any
regulations made thereunder - (If so, give particulars.)
*7. Full names, addresses and qualifications of all persons employed by the society, whether
voluntary or paid, for the purpose of making any arrangement for the adoption of children.
8. Cases dealt with by the society during the year ended -.......
(a) Number of applications from persons wishing to adopt a child.
(b) Number of children offered to the society with a view to adoption.
(c) Number of children taken into hostels under the direct control of the society pending
adoption.
(d) Number of children placed by the society pending adoption in foster homes or hostels not
under the direct control of the society.
(e) Number of children placed with a view to adoption.
(f) Number of adoption orders made in respect of children placed by the society.
9. (a) Number of children placed for adoption by the society and awaiting adoption orders at
the end of the year.
(b) Number of children in hostels under the direct control of the society at the end of the year
(c) Number of children at the end of the year in foster homes or in hostels in which they had
been placed by the society but which are not under the society's direct control.
10. Copies should be attached of the society's latest annual report and audited statement of
accounts.
I/We
hereby
declare
that
the
above
particulars
are
correct
in
every
respect.
Signature:
Office held under the society:
Address:
Signature:
Office held under the society:
Address:
Date:
*Attach separate list if necessary.
- Insert date on which last financial year ended.
SECOND SCHEDULE
(r. 4)
Adoption of Children - Explanatory Memorandum
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Adoption Act, Cap 143
1. If the court makes an adoption order, all your rights and duties with regard to the child will
be transferred permanently to the adopters and in law the child will no longer be yours.
2. The court cannot make an adoption order without the consent of each parent or guardian of
the child, unless that parent or guardian has abandoned, persistently failed to maintain or
persistently ill-treated or neglected the child, or cannot be found, or is incapable of giving
consent (for instance, by reason of being insane), or is unreasonably withholding consent.
Therefore, unless one of these things applies to you, an order cannot be made without your
consent.
3. Your consent may be given in writing, but if you are the child's mother your consent must
be given in writing and signed in the presence of a witness and cannot be given until the child
is six weeks old.
4. You may either consent to adoption by specific applicants, or to adoption by any persons
whom the adoption society finds to be suitable within twelve months from the giving of your
consent.
5. You may if you wish stipulate that your consent is given on condition that the child is
brought up in a particular religious persuasion.
6. Where specific applicants have applied to adopt, either these names must appear on the
form or, if they have stated that they do not want you to know who they are (as they are
entitled to do), the form must refer to them by a number identifying them in the records of
the adoption society or the Chief Inspector of Children, as the case may be.
7. Where the applicants are referred to by a number you are not allowed to be told who they
are, but you are entitled to be given information as to what sort of people they are.
8. If you have given your consent but change your mind and want to get the child back, you
will have to apply to the court for leave to remove the child from the care of the would-be
adopters; but you are not allowed to change your mind and withdraw your consent merely on
the ground that you do not know the identity of the would-be adopters.
9. You are not allowed to change your mind and withdraw your consent once a final adoption
order has been made by the court.
10. You are not allowed to receive or pay any money for the adoption unless the court agrees.
This does not apply to a weekly payment to an adoption society for the maintenance of your
child before the child goes to the adopters.
11. If you have taken out an insurance policy against funeral expenses for your child, the
insurer will be able to tell you whether. after the adoption order is made. the policy can be
transferred to the adopters should they wish to continue it.
Form of Certificate of Acknowledgement
To (insert name and address of adoption society):
I HEREBY CERTIFY that I have received from you a memorandum headed "Adoption of
Children - Explanatory Memorandum", from which I have detached this certificate of
acknowledgement; and I further certify that I have read the memorandum and understand it.
Signature: ............................................. Address: ...........................................
Date: ..........................................
THIRD SCHEDULE
(r. 5)
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Adoption Act, Cap 143
Matters on which inquiries are to be made and reports obtained
Part A - Particulars relating to the infant
1. Name.
2. Address.
3. Date and place of birth.
4. Infant's nationality.
5. If baptized state place of baptism and denomination.
6. Full name, address and age of the child's parents. If dead, state date of death.
7. Parents' religion(s).
8. Is there any history of insanity, tuberculosis or other disease in the family of either parent?
9. Has either parent any other children? If so, state their age and sex.
10. Why is the child offered for adoption?
11. Has the child any right or interest in property? If so, give full particulars.
12. Has any insurance been effected in respect of the child Part B - Particulars relating to the child's parents or guardians
1. If the mother is alive, does she consent to the adoption 2. If the father is alive (a) is he married to the mother or otherwise contributing or liable to contribute to the child's
maintenance? If so, give particulars. (If the parents are separated, state whether there is a
separation order in force.)
(b) does he consent to the adoption?
3. If the child has a guardian, state?
(a) their names and addresses;
(b) how and by whom they were appointed;
(c) whether they consent to adoption.
4. (a) Arc any other persons liable to contribute to the support of the child?
(b) If so, do they agreed to adoption?
5. If the answer to questions 1, 2 (b), 3 (c) or 4 (b) is in the negative, the reasons should be
stated.
6. (a) Has the child any grandparents, brothers, sisters, uncles, or aunts (b) If so have they been informed of the proposed adoption?
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Adoption Act, Cap 143
(c) Has any of them offered to provide a home for the child?
Part C - Particulars relating to the adopter(s)
1. Name(s).
2. Address (es).
3. Country of domicile.
4. Date(s) of birth.
5. Religion(s).
6. Nationality and race.
7. Length of previous residence in Kenya.
8. Intended length of future residence in Kenya.
9. Marital status of joint applicants and whether polygamous.
10. Occupation(s).
11. Immigration status.
12. Is it intended to apply for an adoption order?
13. Is the adopter married or are the adopters a married couple? If so, give date and place of
marriage, and say whether it is intended to make a point application for an adoption order.
14. Is there any child of the adopter(s) living at home? If so, give age and sex.
15. Has any child been adopted by the adopter(s) before? If so, give particulars.
16. What is the accommodation and condition of the home?
17. What are the means of the adopter(s)? How far are the earning of children living at home
included?
18. What are the wishes of the adopter(s) as to the age and sex of the child they wish to
adopt?
19. Would the adopter(s) welcome periodical visits by a representative of an adoption society
for a limited period after the adoption order is made 20. Is there any evidence of insanity, tuberculosis or other disease in the adopter(s)?
21. Give the names and addresses of two responsible persons who can vouch for the character
and means of the adopter(s).
Part D - Verification of application
1.(a) Have the particulars given under Parts A, B and C above been verified so far as possible?
(b) Have the particulars of the birth of the child, and of the death, marriage or separation of
the parents, and of the marriage of the adopter(s) been confirmed by inspection of certificates
of birth, death or marriage or the separation order -
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2. Has a representative of the case committee interviewed the adopter(s) 3. Has the home of the adopter(s) been inspected by a representative of the case committee Was it found satisfactory 4. Are the adopter(s) and the members of their household persons of good character - Have
their references been taken up 5. (a) Are the adopter(s) and the members of their household in good health (b) Is this supported by medical evidence 6. Has the child been seen by the adopter(s) 7. Has the child been accepted by the adopter(s) with a view to adoption 8. Has the desirability of maintaining contact with an adoption society and seeking its
guidance been fully explained to the adopter(s)?
Part E - Medical Particulars of Infant
(The medical report must be signed by a medical practitioner.)
1. (a) Date of birth.
(b) Weight at birth (state if premature).
(c) Present weight.
(d) Was the mother's confinement normal or instrumental?
2. State of nutrition (good, fair, poor).
3. (a) When did the child begin to walk?
(b) When did the child begin to talk?
4. Has the child any affection of bones, muscles or joints?
5. Are there any evidences of paralysis?
6. Are there any evidences of syphilis? State result of serological test.
7. Is there any evidence of tuberculosis?
8. Has the child had fits? If so, state nature.
9. Is there, or has there been, any affection of the skin?
10. Is there, or has there been, any affection of the eyes? Is the sight normal?
11. Has the child had any discharge from the ears, or any serious ear trouble, and can it hear
well 12. Are the nose and throat in healthy condition?
13. Is there any evidence of disease of heart, lungs, kidneys or liver?
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14. Has the child normal control of bowels and bladder for its age?
15. Has the child had measles, chicken pox, whooping cough, mumps or poliomyelitis?
16. Has the child received the following immunizations
B.C.G. (against tuberculosis) ..................................................................
Triple Vaccination (against whooping cough, diptheria and
tetanus)...............................................................................................................
Tetanus toxoid........................................................................................
Small pox...............................................................................................
Measles.................................................................................................
Other (state which)................................................................................
17. Is the child's mental and physical development normal for its age?
18. Are behaviour, speech and articulation normal for its age?
19. If the child has been neglected or improperly fed, do you consider its constitution such
that good nursing and proper care would make it suitable for adoption 20. Give particulars of any condition not mentioned above about which you consider an
adopter should be informed.
Part F - Medical Particulars of Prospective Adapter
(The medical report must be signed 'by a medical practitioner)
1. (a) Name of prospective adopter;
(b) Date of birth;
(c) Sex;
(d) Address.
2. How long has the adopter been known to the medical practitioner?
3. Is the prospective adopter in good health?
4. Is the prospective adopter able to have natural children of his/her own and if not is the
reason why he/she is unable to have such children known?
5. If any fertility tests have been made to the prospective adopter what were the results of
such?
6. Has the prospective adopter suffered from any of the following? (a) tuberculosis;
(b) chronic bronchitis or recurrent chest illness;
(c) cardiovascular disease;
(d) any form of rheumatism;
(e) any form or neurosis or mental disorder;
(f) epilepsy;
(g) gentito-urinary disease;
(h) diabetes;
(i) any neurological disorder;
(j) leprosy;
(k) any illness which might shorten the expection of life or cause recurrent disability.
7. Has the prospective adopter undergone any major surgical procedure?
8. Is there any relevant family history of mental or physical disease?
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9. Is there any detectable abnormality in the following? (a) cardiovascular system (blood pressure should be stated);
(b) respiratory system (if a chest X-ray is taken state date and result of such);
(c) urogential system (state quantity of albumin and sugar in urine);
(d) abdomen and alimentary system;
(e) central nervous system;
(f) eyes and vision;
(g) ears and hearing;
(h)
skin.
10. Is there normal use of limbs?
11. Does the prospective adopter appear mentally balanced and emotionally secure?
12. Are there any other facts, medical or otherwise, about the prospective adopter which
should be known?
FOURTH SCHEDULE
(r. 7)
Form of Annual Report
Report to the Minister of Health,
from the adoption society called ................................. for the financial year ended
*............
1. Full postal address of the society's administrative centre.
2. Has there been any change in the objects for which the society exists - Does it still apply
the whole of its profits, if any, and other income in promoting those objects †3. Full names, addresses and occupations or descriptions of all members of the committee
controlling the activities of the society.
†4. Full names, addresses, occupations or descriptions and qualifications of members of the
case committee.
5. Has any person taking part in the management or control of the society or any member of
the society been convicted of an offence under the Adoption Act, or of a breach of any
regulations made thereunder - (If so, give particulars.)
†6. Full names, addresses and qualifications of all persons employed by the society whether
voluntary or paid, for the purpose of making any arrangements for the adoption of children.
7. Cases dealt with by the society during the year ended *......
(a) Number of applications from persons wishing to adopt a child.
(b) Number of children offered to the society with a view to adoption.
(c) Number of children taken into hostels under the direct control of the society pending
adoption.
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(d) Number of children placed by the society pending adoption in foster homes or hostels not
under the direct control of the society.
(e) Number of children placed with a view to adoption.
(f) Number of adoption orders made in respect of children placed by the society.
8. (a) Number of children placed for adoption by the society and awaiting adoption orders at
the end of the year.
(b) Number of children in hostels under the direct control of the society at the end of the year.
(c) Number of children at the end of the year in foster homes or in hostels in which they had
been placed by the society but which are not under the society's direct control.
9. A copy of the society's latest annual report is attached. We hereby declare that the above
particulars are correct in every respect.
Signature:
Office held under the society:
Address:
Signature:
Office held under the society:
Address:
Date:
* Insert date on which last financial year ended.
†Attach separate list if necessary.
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