Wakilii

In Re A M (a minor) (Adoption Cause No 12 of 2017)

High Court · [2017] UGHCFD 9 · 2017 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Adoption petition under the Children Amendment Act 2016
Decision
Adoption order granted allowing petitioners to adopt the child and change her name

Observed later treatment

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Holding

Held that the High Court has jurisdiction under section 44(1)(b) of the Children Amendment Act 2016 where one applicant is not a Ugandan citizen. The petitioners satisfied all statutory requirements including age, residency, fostering period, criminal record clearance, and supervision by a Probation and Social Welfare Officer. Parental consent was dispensed with as the child was found abandoned and parents unknown. The adoption was in the best interests of the child who had been living with the petitioners as a family since 2013 under a guardianship order. Adoption order granted.

Outcome

Adoption order granted allowing petitioners to adopt the child and change her name

Facts

The child A M was found abandoned on 11 July 2012 in Kisenyi Zone, Kyebando, Kawempe. After police reports, neighbourhood interviews, and radio and newspaper announcements failed to trace her parents, she was admitted to Sanyu Babies Home. The petitioners, S S M (Ugandan, aged 45) and A M M (American of Ugandan descent, aged 46), applied to adopt her. They were granted a legal guardianship order on 31 January 2013 and have had actual custody of the child since then. The petitioners have lived in Uganda since December 2015 and have one biological daughter born in 2009. The family lives together in Muyenga. Both petitioners are employed and in good health with no criminal records.

Issues

  1. Whether the High Court is seized with jurisdiction to entertain the matter.
  2. Whether the petitioners qualify to be appointed the adoptive parents of the child.
  3. Whether the application is in the best interests of the child.

Orders

  • An order for the adoption of the child A M by the petitioners S S M and A M M be issued.
  • The petitioners shall be allowed to change the child's name from A M to A S N M.
  • The Registrar General of Births and Deaths shall make an entry recording this adoption in the Adopted Children Register.
  • The adoption order shall be furnished to the Consular Department in the Ministry of Foreign Affairs Kampala.
  • Costs of the petition shall be provided for by the petitioners.

Rules and key headnotes

Adoption — Jurisdiction — Non-Citizen Applicant
Under section 44(1)(b) of the Children Amendment Act 2016, the High Court has jurisdiction to grant an adoption order where the child or the applicant is not a citizen of Uganda.
Adoption — Non-Citizen Applicant — Requirements
A person who is not a citizen of Uganda may adopt a Ugandan child in exceptional circumstances if they have stayed in Uganda for at least one year, fostered the child for at least one 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 will recognize the adoption order.
Adoption — Parental Consent — Dispensation
Under section 47 of the Children Act, parental consent is necessary for adoption but may be dispensed with if the parents are incapable of giving it or if the child's parents are unknown and cannot be traced after reasonable efforts.
Adoption — Best Interests of the Child — Welfare Principle
The welfare principle under section 3 and the First Schedule of the Children Act requires the court to have paramount regard to the child's wishes and feelings considering their age, physical and emotional needs, likely effect of changes in circumstances, background, any harm suffered, and the capacity of those involved to meet the child's needs.

Legislation cited (10)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In Re_ A M (a minor) (Adoption Cause No 12 of 2017) [2017] UGHCFD 9 (6 June 2017)
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.