The process of adopting a child in Kenya is not easy.You may find yourself infertile of important,or you lose all your children in an accident,which would force you to consider adopting a child. In this case,there is along procedure to follow before you get a child to call yours.
Below is the procedure of adopting a child in Kenya. Please read it carefully before you take a step.
- Residency Requirements: After the placement, the prospective adoptive parents must reside in Kenya with the child for at least three months before Kenyan legal procedures begin. Although some legal adoption steps can be initiated before the three months period has been completed, and must be initiated under Hague, most of the legal work will only begin after the three month “homestay” with the child is finished.
- Age Requirements: One of the applicants must be more than 25 years old and more than 21 years older than the child and less than 65 years.
- Marriage Requirements: Adoption orders will not be granted to a single male applicant. However, for single female applicants, the courts make a determination when there are special circumstances. Under Kenyan law, adoption orders will not be granted to joint applicants not married to each other.
- Other Requirements:
- The applicants can be a relative.
- Prospective adoptive parents must be of sound mind, as defined by the Kenyan Mental Health Act.
- Under Kenyan law, adoption orders will not be granted to applicant(s) who have been charged and convicted by a court of competent jurisdiction for or of any offence against children under Kenyan laws. (Note: USCIS also requires a criminal background check to be done on all petitioners and may find families ineligible as well).
- Under Kenyan law, adoption orders will not be granted to gay and lesbian individuals or couples.
WHO CAN BE ADOPTED
Because Kenya is party to the Hague Adoption Convention, children from Kenya must meet the requirements of the Convention in order to be eligible for adoption. For example, the Convention requires that Kenya attempt to place a child with a family in Kenya before determining that a child is eligible for intercountry adoption. In addition to Kenyan requirements, a child must meet the definition of a Convention adoptee for you to bring him or her back to the United States.
ELIGIBILITY REQUIREMENTS:
- Age Requirements: Child(ren) must be at least 6 weeks old and declared free for adoption by a registered adoption society
- Consent Must be Obtained as Follows:
- 1. If applicable, from existing parents, guardians or any one else contributing to the maintenance of the child under any agreement or order;
- 2. If applicable, from parents or guardian(s) of the mother of the child in a case where the mother is a minor;
- 3. If applicable, from the step-father who has acquired parental responsibility
- 4. From the spouse of the prospective adoptive parent, if the spouse is not available in person.
- 5. In case of foreigners not residing in Kenya, the consent of a competent jurisdiction or a government authority situated in the country where both or one of the spouses ordinarily resides, permitting the spouses to adopt a foreign child. (Note: An approved I-800A is usually acceptable);
- 6. In case of a child who has attained the age of 14 years, the consent of the child.
- Other Requirements:
- It is of high importance to note that under the Hague Convention the child to be adopted must not be previously adopted or subject to a grant of custody (has not had prior contact with the prospective adoptive parents) before processing begins. The Kenyan Department of Children’s Services has the responsibility of matching and placing a child to be adopted with prospective adoptive parents.
- Any child who is resident in Kenya must be legally adopted whether or not the child is a Kenyan citizen or was born in Kenya.
- The adoption order cannot be granted unless the child concerned has been in the continuous care of the prospective adoptive couple for more than three consecutive months preceding the filling of the applications and both the child and the applicant(s) may be evaluated and assessed by a registered adoption society in Kenya.
HOW TO ADOPT
Kenya’s Adoption Authority
The government office responsible for adoptions in Kenya is the High Court and the Department of Children’s Services.
The Process
Because Kenya is party to the Hague Adoption Convention, adopting from Kenya must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets all necessary legal requirements.
NOTE: If you filed your I-600a with Kenya before April 1, 2008, the Hague Adoption Convention may not apply to your adoption. Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention adoptions. Learn more.
- Choose an Accredited Adoption Service Provider
- Apply to be Found Eligible to Adopt
- Be Matched with a Child
- Apply for the Child to be Found Eligible for Immigration to the United States
- Adopt the Child in Kenya
- Bringing your Child Home
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Choose an Accredited Adoption Service Provider:
The first step in adopting a child from Kenya is to select an adoption service provider in the United States that has been accredited. Only these agencies and attorneys can provide adoption services between the United States and Kenya.
The Department of Children’s Services can provide a list of currently registered adoption societies with which PAPs may deal.
The U.S. Embassy in Nairobi maintains a list of attorneys, but is not aware of any specializing specifically in adoptions. The attorneys list can be found on the U.S. Embassy website at http://nairobi.usembassy.gov under the Consular Section tab.
2. Apply to be Found Eligible to Adopt:
After you choose an accredited adoption service provider, you apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).
Once the U.S. government determines that you are “eligible” and “suitable” to adopt, you or your agency will forward your information to the adoption authority in Kenya. Kenya’s adoption authority will review your application to determine whether you are also eligible to adopt under Kenyan law.
3. Be Matched with a Child:
If both the United States and Kenya determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Kenya may provide you with a referral for a child. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.
- Adopt the Child (or Gain Legal Custody) in Kenya:
Remember: Before you adopt (or gain legal custody of) a child in Kenya, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Kenya.
The process for finalizing the adoption (or gaining legal custody) in Kenya generally includes the following:
- · Role of Adoption Authority: The Kenyan Department of Children’s Services has the responsibility of matching and placing a child to be adopted with prospective adoptive parents.
- · Role of the Court: A guardian ad litem will be appointed by the court for the child pending the hearing and determination of the adoption application.
Duties of the Guardian Ad Litem:
- 1. Safeguard the interests of the child pending the determination of the adoption proceedings;
- 2. Investigate and appraise the court as to the circumstances pertinent to the adoption of the child in the prescribed manner;
- 3. Make recommendations as to the priority of making any interim orders or an adoption order in respect of the child;
- 4. Intervene on behalf of the child and arrange for the care of the child in the event of the withdrawal of any consent;
- 5. Undertake such duties as the court may direct.
Where arrangements for adoption of any child have been made by the Child Welfare Society of Kenya, neither the society nor any member thereof shall be appointed Guardian Ad Litem of the same child.
The appointment of a Guardian Ad Litem expires upon the making of a final adoption order by the court.
The couple must satisfy the court that the country where they ordinarily reside and where they expect to reside with the child immediately after adoption will respect and recognize the adoption order and will grant resident status to the child. (Note: An approved I-800A and I-800 should be sufficient to meet this requirement. However, the High Courts have had additional concerns regarding this requirement and at the time of this revision, it has sometimes caused significant delays.)
The couple must have been authorized and recommended as persons who are suitable (including being “morally fit” and “financially capable”) to adopt a foreign child by a competent government authority or court of competent jurisdiction in the country where they expect to reside with the child immediately following the making of the adoption order. (Note: Submission of the U.S. home study approval has often, but not always, been allowed to meet this requirement.)
The court may impose such terms and conditions as it deems fit:
- 1. Require the adopter by bond or otherwise to make for the child such provision as in the opinion of the court just and expedient;
- 2. Require the adopter to accept supervision by and advice from an adoption society specified by the court for such period as the court may specify;
- 3. Where the consent to the making of an adoption order is conditioned upon the child being brought up in a particular religious persuasion, require the infant to be brought up in that persuasion;
- 4. Where the adopter is not a resident of Kenya, require him/her to avail such periodical reports from a court of competent authority in the adopters’ country of residence for such period as the Kenyan court may specify. (Note: The U.S. Embassy in Kenya is not aware of what might be asked of the adoptive parent to meet this requirement or if the government asks for any additional documents.)
- ROLE OF ADOPTION AGENCIES: Every foreigner wishing to adopt a child should be sponsored by a social or child welfare agency recognized or licensed by the Government of the country in which the foreigner is resident. The adoption service provider identified by the prospective adoptive parents conducts the home study. Families can contact Kenyan Department of Children’s Services at Tel: (254) (020) 2228-411 for a list of registered Kenyan adoption agencies.
The Home Study must include the following information:
- Social status and family background;
- Description of home including the number of bedrooms and whether it can comfortably accommodate the child;
- Standard of living as it appears in the home;
- Current relationship between husband and wife;
- Current relationship between the parents and children (if any children);
- Development of previously adopted children (if any);
- Current relationship between the couple and the members of each others family;
- Employment status of the couple;
- Health details such as clinical tests, past illnesses etc., (medical certificates);
- Economic status of the couple;
- Accommodation for the child;
- Schooling facilities;
- Amenities in the home;
- Reasons for wanting to adopt a Kenyan child;
- Attitudes of relatives towards adoption;
- Anticipated plans for the adoptive child;
- Legal status of the prospective adoptive parents.
- TIME FRAME: Bearing in mind that the adopting couple must reside in Kenya with the child for at least three months before the legal procedure begins; the average length of the adoption process is likely to be between six to twelve months after placement of the child with the PAPs. Please note that this time frame includes the three month residency requirement.
- ADOPTION APPLICATION: All adoption orders are finalized in Kenya prior to applicant’s leaving the country and upon their fulfillment of all requirements.
- ADOPTION FEES: In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process.
The U.S. Embassy in Kenya discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents. Such fees have the appearance of “buying” a baby and put all future adoptions in Kenya at risk.
Kenyan law prohibits financial transactions between individuals involved in an adoption proceeding. Some payments are permitted, for example, to an adoption society for maintenance of the child, or to an attorney who acts for any of the parties or in connection with an application for an adoption order. Any payment or reward made by a prospective adoptive parent or guardian of a child or a third party facilitating the adoption for the purpose of making an adoption order, is considered illegal.
- DOCUMENTS REQUIRED:
- Home study report of the adoptive parents prepared by a professional social worker;
- Recent photographs of the adoptive family;
- Marriage certificate of adoptive parents;
- Declaration concerning health of adoptive parents;
- Certificate of medical fitness of adoptive parents duly certified by a medical doctor;
- Declaration regarding financial status of foreign adoptive parents along with supporting documents including employers’ certificate, where applicable;
- Employment certificate of adoptive parents, where applicable;
- Income tax records of adoptive parents;
- Bank references;
- Particulars of property owned by the adoptive parents;
- Declaration from adoptive parents stating willingness to adopt the child;
- Undertaking from the social or child welfare enlisted agency sponsoring the foreigner to the effect that child would be legally recognized as a citizen of the adoptive parent’s country without any form of discrimination and that the child would be entitled to the same rights as citizens of that country;
- Undertaking from the adoptive parents that adopted child would be provided necessary education and upbringing according to the status of adoptive parents;
- Undertaking from the social and child welfare enlisted agency that a report relating to progress of the child, along with his/her recent photograph, will be sent to Child Welfare Society of Kenya every three months during first two years, and every six months for the next three years, for a total of five years;
- Power of Attorney from adoptive parents in favor of Child Welfare Society of Kenya which will be required to process the case and such Power of Attorney should authorize the Attorney to handle the cases on behalf of the foreigner in case the foreigner is not in a position to come to Kenya during the initial stages of the adoption. (Note: Kenyan law requires that both the minor being adopted and the adoptive parents MUST be resident in Kenya for at least three consecutive months before the legal process begins and both MUST also be present during the court hearing for the adoption);
- Certificate from the enlisted social or child welfare agency sponsoring the application of the foreigner to the effect that the prospective adoptive parents are permitted to adopt a child according to the laws of their country. (Note: An approved I-800A should be sufficient to meet this requirement.)
