In Re Angelica Agnese Corna (an Infant) (Family Cause No. 085 2013)

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

The High Court granted an adoption order for an abandoned infant in favour of petitioners who had fostered the child from age two months. The court held that the adoption was in the child's best interest under the welfare principle in section 3 and the First Schedule of the Children Act, notwithstanding that the petitioners were three months short of the 36-month fostering period prerequisite. The court found the petitioners suitable adoptive parents based on their age, financial stability, married status, and demonstrated care for the child.

Outcome

Adoption order granted; child declared adopted with full rights of inheritance and parent-child relationship established

Facts

Paolo Michele Corna, an Italian citizen, and Anderu Jackline, a Ugandan citizen, petitioned to adopt Angelica Agnese Corna, a female infant of unknown biological parents who was abandoned at approximately 10 days old in a trench at Katale Zone, Mulago II Parish, Kawempe Division, Kampala. The case was reported to Old Mulago Police. The petitioners, who married on 2 May 2009, received the child under a care order at two months old on 12 December 2011 and had fostered her continuously since then. By the date of the hearing, they had fostered the child for approximately 33 months, three months short of the 36-month prerequisite under the Children Act. No person had come forward claiming the child or applying for her adoption. The first petitioner had lived in Uganda since 2007. The Probation and Social Welfare Officer recommended the petitioners as suitable adoptive parents. The Italian Government provided a letter confirming it would respect the adoption order.

Issues

1. Whether the adoption is in the best interest of the child.
2. Whether the petitioners are suitable persons for the adoption of the child.

Orders

• Angelica Agnese Corna is hereby declared the adopted child of Paolo Michele Corna and Anderu Jackline and the relationship of parent and child is hereby established with all rights and privileges incident thereto including the right of inheritance.
• The Registrar General of Births and Deaths is hereby directed to make an entry recording this adoption in the Adopted Children Register and to issue.
• It is further directed that this adoption order be furnished to the Consular Department in the Ministry of Foreign Affairs at Kampala.
• The petitioners to provide for the costs of this petition.

Rules and key headnotes

Legislation cited (14)

• Constitution of the Republic of Uganda 1995 Article 139(1)
• Constitution of the Republic of Uganda 1995 Article 139(2)
• Judicature Act Cap s.14
• Judicature Act Cap s.33
• Judicature Act Cap s.39
• Children Act Cap 59 s.2
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 s.6
• Children Act Cap 59 First Schedule
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 52(1)
• Civil Procedure Rules SI 71-1 Order 52(2)

Cases cited (1)

• In Re Milly Muhairwe (Family Cause No. 0100 of 2008)

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