Wakilii

In Re David Mukisa & Jonathan Mwesigwa (Miscellaneous Cause No. 008 of 2018)

High Court · [2018] UGHCFD 10 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for intercountry adoption of two abandoned children under the Children (Amendment) Act 2016
Decision
Adoption order granted; children may travel with adoptive parents to USA.

Observed later treatment

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Holding

Court granted adoption order to American married couple for two abandoned Ugandan children. Court waived one-year residence requirement for first petitioner under exceptional circumstances provision in Section 46(4) of Children (Amendment) Act 2016, noting second petitioner met all statutory requirements and continued fostering duties in Uganda. Court satisfied that petitioners met all other statutory conditions for intercountry adoption and that adoption served best interests of children who had been abandoned in infancy and living in institutional care.

Outcome

Adoption order granted; children may travel with adoptive parents to USA.

Facts

Two young boys, David Mukisa (approximately 7 years) and Jonathan Mwesigwa (approximately 3 years), were found abandoned in Jinja as infants in 2012 and 2016 respectively. David was found at Nalufenya Railway Crossing; Jonathan at Nalufenya Children's Hospital. Both were admitted to Amani Babies Cottage NGO after police intervention. Extensive efforts to trace their parents through radio announcements and newspaper adverts proved futile. The American petitioners, married since 2005, came to Uganda in June 2017 as volunteers at Amani. They had previously adopted a Ugandan child. Foster care orders were issued for both children on 6 July 2016, placing them under the petitioners' care with supervision by Jinja probation officer. Petitioners filed adoption application on 23 March 2018. First petitioner returned to USA around May 2018 for employment; second petitioner remained in Uganda continuing foster care duties.

Issues

  1. Whether the court should waive the statutory requirement that the first petitioner must have resided in Uganda for one year before an adoption order can be made.
  2. Whether the petitioners qualify to be adoptive parents under Section 46 of the Children (Amendment) Act 2016.
  3. Whether the adoption is in the best interests of the children.

Orders

  • Adoption order granted in favour of Byran Daniel Chaffin and Laura Ruth Oliver Chaffin in respect of David Mukisa and Jonathan Mwesigwa.
  • Petitioners may travel with the children to the USA or any other part of the world to fulfill their obligations as adoptive parents.
  • Registrar of Births and Deaths directed to make an entry recording this adoption in the Adopted Children Register.
  • Adoption to be furnished to the consular department in the Ministry of Foreign Affairs at Kampala and the Ministry of Gender, Labour and Social Development in Kampala.
  • Petitioners to meet the costs of this application.

Rules and key headnotes

Intercountry Adoption — Exceptional Circumstances Waiver of Residence Requirement
Under Section 46(4) of the Children (Amendment) Act 2016, a court has discretion in exceptional circumstances to waive the statutory requirement that a non-citizen must reside in Uganda for one year before adopting a Ugandan child, where one spouse has met all statutory requirements including residence and fostering for over one year, and continues to fulfill foster parent duties on behalf of both spouses.
Child Welfare — Best Interests Principle — Paramountcy
Under Section 3(1) of the Children Act, the welfare of the child is of paramount consideration in any determination by a court concerning the upbringing of a child, requiring the court to assess whether an adoption order will serve the child's best interests.
Intercountry Adoption — Statutory Prerequisites for Non-Citizens
A person who is not a citizen of Uganda may adopt a Ugandan child only in exceptional circumstances and must satisfy five cumulative conditions: residence in Uganda for at least one year; fostering the child for at least one year under probation officer supervision; absence of criminal record; recommendation of suitability from competent authority in home country; and satisfaction that the home country will respect and recognize the adoption order.
Child Welfare — Institutional Care as Last Resort
Institutional care is not the best alternative for bringing up a child and should only be an option for children who have no living adult ready to care for them, restricted to the shortest time possible with efforts made to place abandoned children with loving families.
Adoption — Best Interests Assessment — Relevant Factors
In determining whether adoption is in a child's best interests under Section 3(3) of the Children Act, a court must give regard to the ascertainable wishes of the child considering age and understanding; the child's physical, emotional and educational needs; age, sex, background and other relevant circumstances; any harm suffered or at risk of suffering; and the capacity of prospective adoptive parents to meet the child's needs.

Legislation cited (8)

Cases cited (4)

  • Payne v Payne (2001) EWCA 166
  • B v B (1940) CH 54
  • Deborah Alitubeera (Civil Appeal No. 70 of 2011)
  • In Re AM (Adoption Cause No. 12 of 2017)

Full judgment

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

In Re_ David Mukisa & Jonathan Mwesigwa (Miscellaneous Cause No. 008 of 2018) [2018] UGHCFD 10 (11 October 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.