In Re Adur Taniel Raliha & Reisen Cage Awor (children) (Family Cause No.56 of 2009)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Court granted adoption order to British citizen of Ugandan origin for her two nieces, holding that the applicant satisfied all statutory requirements including age, fostering through informal care and financial support over five years, and conditions for inter-country adoption under section 46 of the Children Act. Court held that informal fostering was sufficient where the applicant provided home, education, and maintenance despite not physically residing with the children.

Outcome

Adoption order granted; children to be reunited with adoptive parent in United Kingdom with ongoing reporting requirements

Facts

The applicant, a 61-year-old British citizen of Ugandan origin resident in the United Kingdom, applied to adopt her two nieces, aged 8 and 11 years. The children's mother, Sophia Godongo, who was the applicant's sister, died on 4 June 2001. Their father, John Lubega, died in 1991. Since 2001, the applicant supported the children by purchasing a house for them in Nalya, Kampala, paying their school fees, and providing maintenance. The children's grandmother, Philda Ogenga, who had been living with them, passed away, leaving the children in the care of a maid. The children had been abducted by rebels in Northern Uganda and lacked proper emotional and psychological support. The Probation and Social Welfare Officer recommended reunification with the applicant to provide for their welfare, medical, physical and emotional needs. The applicant managed the children's care through her attorney, Kasango Daniel, while she resided in the United Kingdom.

Issues

1. Whether the applicant satisfied the age requirements under section 45(1) of the Children Act for a sole applicant to adopt.
2. Whether the applicant fulfilled the fostering requirement of thirty-six months under section 45(4) of the Children Act.
3. Whether the applicant, as a non-citizen, satisfied the conditions for inter-country adoption under section 46 of the Children Act.
4. Whether consent of the children's parents was required under section 47 of the Children Act given that both parents were deceased.

Orders

• Application allowed.
• Jade Amoli Jackson appointed adoptive parent of Adur Taniel Raliha and Awor Cage with full parental rights and responsibilities.
• Petitioner directed to register order with Registrar of Documents, Uganda Registration Services Bureau.
• Petitioner directed to register order with British Embassy in Kampala and Ugandan Embassy in London.
• Petitioner directed to obtain Ugandan passports for the children and renew them as required.
• Petitioner permitted to make arrangements for children to travel to Britain to be reunited with her.
• Petitioner directed to register with authority responsible for children and family welfare in United Kingdom and file annual reports on welfare and development of children to Registrar, Family Division, High Court of Uganda until children reach 18 years or until directed otherwise.
• No order as to costs.

Rules and key headnotes

Legislation cited (11)

• Constitution of Uganda Article 139(1)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Judicature Act Cap 13 s.39
• Children Act Cap 59 s.3
• Children Act Cap 59 s.44
• Children Act Cap 59 s.45
• Children Act Cap 59 s.46
• Children Act Cap 59 s.47
• Children Act Cap 59 s.51
• Children Act Cap 59 First Schedule paragraph 1(b)

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