Wakilii

In Re Apio Joyce, & Kisakye Grace & Anor (Adoption Cause No. 013 of 2018 and Adoption Cause No. 027 of 2018)

High Court · [2018] UGHCFD 13 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated inter-country adoption applications by married US citizens seeking to adopt three Ugandan children
Decision
Adoption orders granted for all three children; parental relationship established between the children and the petitioners

Observed later treatment

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Holding

Held that the High Court has jurisdiction under Article 139(1) of the Constitution and Section 44(1)(b) of the Children Act to grant inter-country adoption applications by non-citizens. The age difference requirement in Section 45(1) may be waived where it is in the best interest of the child, applying the welfare principle in Section 3. Where the petitioners have fostered the children for over eight years under a foster care order, the children are destitute with parents unable or unwilling to care for them, the children consent, and statutory conditions for inter-country adoption are otherwise met, the welfare principle mandates that adoption orders be granted. Adoption orders granted for all three children.

Outcome

Adoption orders granted for all three children; parental relationship established between the children and the petitioners

Facts

Two US citizens married in 2015 applied for adoption of three Ugandan children. The second petitioner had fostered the children since 2010 under a foster care order. Apio Joyce (born 2003) had lived with the second petitioner since age 8; her mother was unable to care for her and consented to adoption. Kisakye Grace (born 2006) and Tibita Shakira (born 2001) were sisters whose mother abandoned them with their great-grandmother. Kisakye was disabled, unable to walk or talk, when she came into the petitioners' care. Through medical interventions in the USA, she gained mobility and speech. The biological parents and relatives consented to the adoptions. The children, being of age, also consented. The petitioners had previously adopted two other Ugandan children and have one biological child. The first petitioner did not meet the strict age difference requirement of Section 45(1) for two of the children (being less than 21 years older).

Issues

  1. Whether the High Court has jurisdiction to grant inter-country adoption orders where the petitioners are non-citizens.
  2. Whether the petitioners qualify for the adoption orders where the age difference requirement in Section 45(1) of the Children Act is not met for two of the three children.
  3. Whether the grant of the adoption orders would be in the best interest of the children.

Orders

  • An order is made for the adoption of Apio Joyce by Benjamin Andrew Majors and Katherine Joyce Davis Majors.
  • An order is made for the adoption of Kisakye Grace by Benjamin Andrew Majors and Katherine Joyce Davis Majors.
  • An order is made for the adoption of Tibita Shakira by Benjamin Andrew Majors and Katherine Joyce Davis Majors.
  • A parental relationship, with all rights, duties, powers, responsibilities and authority, between Apio Joyce, Kisakye Grace and Tibita Shakira on the one hand, and Benjamin Andrew Majors and Katherine Joyce Davis Majors on the other, is hereby established.
  • An entry be made in the Register of births and deaths reflecting a change in the parental relationship in respect to Apio Joyce, Kisakye Grace and Tibita Shakira.
  • This order shall be served upon The Consular department of The Ministry of Foreign Affairs in Kampala.
  • Costs of this Petition are provided for.

Rules and key headnotes

Family Law — Adoption — Jurisdiction — Inter-Country Adoption by Non-Citizens
Applications for adoption by non-citizens of Uganda shall be made to and handled by the High Court under Section 44(1)(b) of the Children Act Cap 59, and the High Court has unlimited original jurisdiction under Article 139(1) of the Constitution to determine such applications.
Family Law — Adoption — Age Difference Requirement — Application of Welfare Principle
The age difference requirement in Section 45(1) of the Children Act that one spouse be at least 21 years older than the child is not mandatory where its strict application would be contrary to the welfare of the child. The welfare principle in Section 3 is paramount and overrides other provisions of the Act, permitting the court to waive the age requirement where the best interest of the child so demands.
Statutory Interpretation — Paramountcy of Welfare Principle — Children Act
The welfare principle and children's rights set out in Section 3 and the First Schedule of the Children Act are the guiding principles in making any decision under the Act and their application overrides other provisions of the same Act where those provisions conflict with the child's best interest.
Family Law — Inter-Country Adoption — Statutory Conditions — Section 46 Children Act
Inter-country adoption under Section 46 of the Children Act requires: residence in Uganda for at least one year; fostering of the child for at least one year; absence of criminal record; a home study report from the country of origin; evidence that the country of origin will recognise the adoption order; and consent of the biological parents where known. Inter-country adoption is to be considered as a last option after broad family-centred alternatives have been exhausted.
Family Law — Adoption — Best Interest of the Child — Consolidation of Proceedings
Where multiple adoption petitions involve the same petitioners, the same legal framework, children living in the same household under the petitioners' care, and seek the same relief, the court may consolidate the proceedings under Order 11 rule 1 and deliver one ruling addressing all applications in the interests of judicial efficiency and consistency.
Human Rights — Children's Rights — Best Interest Principle — Long-Term Foster Care
Where children have been in the care of foster parents for over eight years under a lawful foster care order, have received life-altering medical care, their biological parents are unable or unwilling to provide care, the children are of age and consent to adoption, and all other statutory conditions are met, the best interest of the children is served by granting permanent adoption orders to provide legal certainty and security.

Legislation cited (8)

Cases cited (1)

  • In the Matter of Paula Robertson and Cynthia June Robertson (Adoption Cause No. 31 of 2004)

Full judgment

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In Re_ Apio Joyce, & Kisakye Grace & Anor (Adoption Cause No. 013 of 2018 and Adoption Cause No. 027 of 2018) [2018] UGHCFD 13 (10 December 2018)
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.