Adoption process in Kenya is a process through which an individual gains parental rights over a child. In Kenya, the process is governed by the Constitution of Kenya 2010 and the Children’s Act 2022. Kenya is also a signatory to the Hague Convention on Inter-Country Adoptions. In all child-related matters, including adoption, the best interests of the child must be the primary consideration.

Types of Child Adoption in Kenya

The three main types of adoption in Kenya are:

Kinship Adoption

This refers to an adoption process where the Applicants are relatives of the child. It involves placing the child with family members, such as grandparents, aunts, uncles, or other close relatives, who then gain legal parental rights and responsibilities.

Local Adoption

This pertains to the adoption of Kenyan children within Kenya by Kenyan Applicants. In this process, Kenyan citizens seek to legally adopt a child who is also a Kenyan national.

International/ Inter-Country Adoption

This refers to an adoption where:

• The adopting parents are Kenyan nationals with dual citizenship;
• The adopting parents are foreign nationals, whether they live in Kenya or not;
• The adopting parents are not Kenyan nationals but are biologically related to the child; or
• The adopting parents were once Kenyan nationals but lost their nationality due to the laws of their current country.

Pre-requisites to Adoption

The general pre-requisites to adoption process in Kenya are as follows:

• The child must be at least six (6) weeks old and less than 18 years old;
• The child must be declared free for adoption by the adoption society; and
• The applicant must have attained the age of twenty-five years and is at least twenty-one years older than the child but has not attained the age of sixty-five years.

An adoption order cannot be issued in favour of the following persons unless the court is satisfied that there are special circumstances that justify the making of an adoption order:

• • a sole male applicant in respect of a female child;
  • a sole female applicant in respect of a male child;
  • an applicant or joint applicants who has or both have attained the age of sixty-five years; and
  • a sole foreign female applicant.

Children Who May Be Adopted

Any child residing in Kenya may be adopted, regardless of their citizenship or place of birth. The child must have been under the continuous care and control of the applicant within Kenya for at least three consecutive months before filing the adoption application.

Additionally, the following children are eligible for adoption:

• An orphan with no guardian or caregiver capable and willing to care for them;
• A child who has been abandoned or whose parents’ or guardian’s whereabouts have been untraceable for at least one year; or
• Children whose biological parents have willingly offered them for adoption.

Persons Who May Not Adopt a Child

The following applicants are prohibited by law to make adoption applications in Kenya if the applicant:

• is of unsound mind within the meaning of the Mental Health Act (Cap. 248);
• is incapable of exercising proper care and guardianship of a child;
• has been convicted by a Court of competent jurisdiction for any of the offences sexual related offences, offence related to robbery, Indecent assault the involving the infliction of grievous bodily harm, indecent assault on a person under the age of 16 years, offence related to drug trafficking or other similar offences;
• in the case of joint applicants, if the applicants are not married to each other;
• is a sole male applicant except where the applicant is a biological relative of the child; or
• is a foreign applicant except where the applicant is a biological relative of the child.

The Adoption Process

Introduction and Orientation

The first step involves the prospective applicants visiting a duly registered and accredited Adoption Society for introduction and orientation.

Investigations

Following the introduction and orientation, the Society conducts comprehensive investigations to determine the suitability of the applicants for adoption. The applicants must provide the following documents during this investigation:

• copies of identification documents of the applicants;
• proof of employment, e.g. Pay slips and letters of appointment;
• banks statements and copies of securities like title deed and logbook to confirm financial status;
• copies of Birth Certificates of other children of the applicants;
• Certificates of Good Conduct; and
• Marriage Certificate for couples.

The following documents for the child are required during investigations:

• Birth Certificate;
• Police reports (where the child was abandoned);
• Children Officer’s Report;
• Court Committal Order;
• Consent from the Biological Parent if the Biological Parent gives the child for adoption; and
• Child’s Admission Form into the Children’s Home.

Home Visit

After the investigations, the Society conducts a home visit and interviews the applicants.

Social Inquiry Report/Pre-Placement Report

Upon completing the interviews, the  Society prepares a Social Inquiry Report (or Pre-Placement Report) that assesses the suitability of the applicants for adoption.

Matching and Placing

If the Society is satisfied after completing the necessary checks, it will declare the child free for adoption. The Society will then place the child under the care of the applicants.

Execution of Care Agreement

The prospective applicants then sign a Care Agreement with the Children’s Home, officially placing the child in their care. The fostering period must last a minimum of three (3) months before the applicants can initiate the formal adoption process in court.

Examples of Adoption Societies in Kenya

It is essential for applicants to confirm that the Society is registered and holds a valid license from the National Adoption Committee under the Ministry of Labour and Social Services. Examples of registered Adoption Societies include:

• Change Trust.
• Buckner Kenya Adoption Services.
• Kenya Children’s Home.
• Little Angels Network.
• Kenyans to Kenyans Peace Initiative.
• Child Welfare Society of Kenya.

Court Process

Adoption Application

Adoption applications are submitted to the High Court of Kenya, where all proceedings are conducted in chambers to ensure confidentiality. The identities of both the child and the applicants are kept private. Two applications are filed concurrently as follows:

Originating Summons

This is the main Adoption Application, supported by the following documents:

• Statement/ Affidavits sworn by the Applicants in support of the application;
• Supporting documents annexed/attached in the application giving details of the child and the applicants; and
• Legal Guardian’s affidavits of consent and copies of the IDs.

Chamber Summons

This is an ancillary application to the Adoption Application, seeking orders for the appointment of a Guardian Ad Litem and for the Department of Children Services to investigate the suitability of the applicants and file a report. The Guardian Ad Litem, appointed by the court, serves as an interim guardian during the adoption process and acts as a liaison between the court and the child. Their primary role is to ensure the child’s interests and well-being are protected. This application is supported by the following documents:

• Affidavits of Consent sworn by the proposed Guardian Ad Litem; and
• Affidavits of Fitness sworn by someone vouching for the proposed Guardian Ad Litem’s character and suitability to be appointed in that position. 

Other Required Documents in Specific Cases

For Abandoned Children

• A certificate declaring the child free for adoption – Issued by the Society;
• Recommendation of the Adopters by the Director of Children Services;
• Final letter from a police station stating that the child has not been claimed; and
• Committal order – issued by the Magistrates court committing a child to a children’s home.

Where One of The Biological Parents Remarries or Where a Relative/ Friend/ Guardian is Adopting

• Recommendation of the Adopters by the Director of Children Services;
• Marriage certificate if one of the biological parents has remarried;
• Consent from the biological parent/guardian;
• Waiver of consent if the biological parent cannot be traced (Waiver is issued by the court); and
• Birth certificate.

For International Adoption

• Evidence that the foreign government will recognize the Adoption Order and grant citizenship to the Child;
• A letter of authority and recommendation from a competent government body or court (in a foreign court) to the effect that the Applicants are suitable to obtain a foreign child; and
• A home study Report from a competent government body or court or Adoption Agency (in a foreign country) recommending the Applicants.

 1^st Hearing (Appointment of a Guardian Ad Litem)

After filing the applications, the matter is scheduled for the first hearing, during which the Chamber Summons (ancillary application to the Adoption Application) is heard. At this hearing, the Guardian Ad Litem is appointed, and an order is issued for the Department of Children Services to investigate the suitability of the applicants and submit a report.

2^nd and Subsequent Hearings

After the Department of Children’s Services completes its investigation and files a report in court, the case proceeds to the second (2^nd) and subsequent hearings, where the main Adoption Application is considered. The court then schedules a judgment date for the applicants.

The Child Adoption Order

If the Adoption Application is successful, the court will grant the applicants an Adoption Order. It is important to note that the issuance of the Order is at the court’s discretion and depends on the court being satisfied that all conditions have been met, including the recommendations for adoption by the Director of Children’s Services.

Post Court Process

Registration of Adoption Order and Issuance of Certificate

After the court issues an Order following the delivery of judgment, the parties must proceed with registering the Order and applying for an Adoption Certificate. This is done at the Registrar General’s Office under the Office of the Attorney General, located at Sheria House. The application is submitted through a letter and must be accompanied by the following documents:

• The Adoption Order, accompanied by a schedule containing the date and country of birth of the Child among other details;
• Certificate declaring the Child, free for adoption;
• Final Police Report (if the Child was abandoned)/ Consent of biological parent (if the Child was given up for adoption by the parent);
• Department of Children Services Report; and
• Committal Order.

 Upon receiving the application for the registration of the  Order and issuance of the Adoption Certificate, the Registrar General is required to process the application within seven (7) days and issue the certificate to the applicants.

Acquiring of a New Birth Certificate

In the final stage of the process, the applicants must submit a letter to the Registrar of Births and Deaths to request a new birth certificate for the child. This letter should be accompanied by:

• The Adoption Certificate;
• The Adoptive Parents’ Identity Cards; and
• The Child’s Original Birth Certificate.

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The information provided in this article is for general informational purposes only and does not constitute legal advice. Should you require guidance or have inquiries regarding Adoption Process in Kenya, please don’t hesitate to reach out to us. You can contact us via email at the following addresses: info@dmklaws.co.ke and dmklaws@gmail.com or through telephone number +254 111 888 681.