Wakilii

Bareebe v Mbabazi (Adoption Cause 55 of 2023)

High Court · [2024] UGHCFD 85 · 2024 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Adoption petition brought by sole petitioner seeking adoption order for a minor child
Decision
Adoption order granted; petitioner authorized to adopt the minor child

Observed later treatment

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Holding

Held that the petitioner, a Ugandan-born United States citizen, met all statutory requirements for adoption including age eligibility, fostering period, criminal clearance, and consent of the biological mother. The child was a vulnerable child abandoned by her biological mother and rescued from a pit latrine. The petitioner had fostered the child since December 2021 under supervision of the Probation and Social Welfare Officer and provided for the child's needs since May 2020. The court found it in the best interests of the child to grant the adoption order.

Outcome

Adoption order granted; petitioner authorized to adopt the minor child

Facts

Phiona Quincy Bareebe, a 35-year-old Ugandan-born United States citizen, petitioned to adopt Beny Mbabazi, a three-year-old female child born to Nyakato Angel and an unknown father. The child was rescued from a pit latrine where she had been abandoned by her biological mother on 26 May 2020. Since that date, the petitioner had been providing for the child's care, with the child residing with the petitioner and her mother Mrs. Muzoora Alice Balinda Abwooli at Kiwafu Central, Entebbe Municipality. The petitioner formally fostered the child from 23 December 2021 under supervision of the Probation and Social Welfare Officer of Wakiso District. The biological mother consented to the adoption. The petitioner is a business owner, CEO of Royal Homecare and Staffing LLC, and has one biological child aged three years. The National Alternative Care Panel recommended the petitioner proceed to court after appearances in December 2021 and February 2023.

Issues

  1. Whether the petitioner satisfied the statutory requirements for adoption under the Children Act.
  2. Whether it was in the best interests of the child to grant the adoption order.

Orders

  • Petition granted.
  • Adoption order issued allowing petitioner to adopt Beny Mbabazi.
  • Costs of the petition to be borne by the petitioner.

Rules and key headnotes

Adoption — Requirements for Adoption by Non-Citizen — Exceptional Circumstances
A person who is not a citizen of Uganda may in exceptional circumstances adopt a Ugandan child if they have stayed in Uganda for at least a year, fostered the child for at least a year under supervision of a Probation and Social Welfare Officer, have no criminal record, have a recommendation from their country's competent authority, and satisfy the court that their country of origin will respect and recognize the adoption order, though the court may waive any of these requirements in exceptional circumstances.
Adoption — Best Interests of the Child — Abandoned Child
Where a child is a vulnerable child who has been abandoned by her biological mother, no blood relatives are available or willing to take parental responsibility, and the prospective adoptive parent has demonstrated competence during the fostering period and bonded well with the child while providing for the child's physical and emotional needs, it is in the best interests of the child that the adoption order be granted.
Adoption — Age Requirements — Sole Applicant
An adoption order may be granted to a sole applicant where the applicant has attained the age of twenty-five years and is at least twenty-one years older than the child, and the application will not be considered unless the applicant has fostered the child for a period of not less than twelve months under the supervision of a Probation and Social Welfare Officer.

Legislation cited (8)

Full judgment

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Bareebe v Mbabazi (Adoption Cause 55 of 2023) [2024] UGHCFD 85 (18 October 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.