Wakilii

In Re Adoption of Arthur Shyaka Butare by Grace Karuhanga Bailey (Adoption Cause No. 61 of 2018)

High Court · [2019] UGHCFD 15 · 2019 Adoption Order Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance adoption petition by grandmother seeking sole adoption of grandson
Decision
Adoption order granted; child to be adopted by paternal grandmother and reside in the United States

Observed later treatment

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Holding

The court granted an adoption order allowing a 70-year-old United States citizen of Ugandan descent to solely adopt her four-year-old grandson who has severe Autism Spectrum Disorder. The petitioner satisfied the requirements under sections 45 and 46 of the Children Act as amended: she was at least 25 years old and 21 years older than the child, had resided in Uganda for at least one year under supervision, had fostered the child for one year, had no criminal record, and the child's biological parents gave unequivocal consent. The court found the adoption was in the child's best interests given his need for specialized long-term care and the petitioner's capacity to provide it.

Outcome

Adoption order granted; child to be adopted by paternal grandmother and reside in the United States

Facts

Grace Karuhanga Bailey, a 70-year-old United States citizen of Ugandan descent, petitioned to solely adopt her grandson Arthur Shyaka Butare, aged four years. Arthur was born healthy in October 2014 but developed severe Autism Spectrum Disorder at 14 months. Despite medical interventions in Uganda and Kenya, his condition showed minimal improvement. Arthur has no articulate speech, avoids eye contact, and requires constant specialized attention. His biological parents, Timothy Butare and Pheonah Muteteri Butare, consented unequivocally to the adoption, believing it was in their son's best interests to access better healthcare and specialized support in the United States. The petitioner had spent one year in Uganda living with Arthur's family and fostering the child under the supervision of a Probation and Social Welfare Officer. Medical reports confirmed Arthur has severe ASD with poor prognosis for independent living. The petitioner is retired, in good health, and lives near her other son's family who agreed to provide support.

Issues

  1. Whether the petitioner was a suitable adoptive parent under the Children Act.

Orders

  • An order of Adoption of the Child Arthur Shyaka Butare by the petitioner, Ms. Grace Karuhanga Bailey is allowed.
  • 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.
  • Costs of the Petition to be provided for by the petitioner.

Rules and key headnotes

Adoption — Intercountry Adoption — Exceptional Circumstances — Non-Citizen Adoptive Parent
A person who is not a citizen of Uganda may adopt a Ugandan child in exceptional circumstances if the applicant has stayed in Uganda for at least one year, has fostered the child for at least one year under supervision of a Probation and Social Welfare Officer, has no criminal record, has a recommendation from the country of origin concerning suitability to adopt, and has satisfied the court that the country of origin will respect and recognize the adoption order.
Adoption — Best Interests of the Child — Paramountcy Principle
In determining any question concerning adoption, the court must have regard to the ascertainable wishes and feelings of the child, the child's physical, emotional and educational needs, the likely effects of any change in the child's circumstances, the child's sex, age, background and other relevant circumstances, any harm the child has suffered or is at risk of suffering, and the capacity of any person involved to meet the child's needs.
Adoption — Family Preservation Principle — Adoption by Relative
In line with the National Orphans and Other Vulnerable Children Policy which emphasizes making the family and community the first line of response for vulnerable children, the principle of family preservation under the Children Act favours adoption by a blood relative such as a grandparent where the child's special needs require it.

Legislation cited (3)

Full judgment

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

In Re_ Adoption of Arthur Shyaka Butare by Grace Karuhanga Bailey (Adoption Cause No. 61 of 2018) [2019] UGHCFD 15 (19 November 2019)
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.