Wakilii

In Re Ethan Acaleri (an infant) (ADOPTION CAUSE NO. HCT-02-CV-MA-0130 OF 2012)

High Court · [2013] UGHCFD 4 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for adoption order under the Children Act
Decision
Adoption order granted with full parental rights and responsibilities to the petitioners

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a joint adoption order to American citizens resident in Uganda for an orphaned child who had been in their care since 2009 under a guardianship order. The court found all statutory requirements under sections 45 and 46 of the Children Act satisfied. The welfare principle was paramount and the child had thrived under the petitioners' care.

Outcome

Adoption order granted with full parental rights and responsibilities to the petitioners

Facts

Zane McCourtney and Summer McCourtney, American citizens married since 2001, have resided in Uganda since 2004. They have two biological children and have fostered eleven other Ugandan children through guardianship and adoption orders. Ethan Acaleri, born 16 March 2005, is an orphan whose parents Larot Samuel and Acheng Mary are both deceased. The petitioners fostered Ethan from 26 January 2009 under supervision of the Probation and Social Welfare Officer and obtained a guardianship order on 22 September 2009. The child's paternal uncle Balu Dominic stated he was unable to care for the child and had no objection to the adoption. The Probation and Social Welfare Officer's report was highly favourable, noting the child was healthy, up to date on immunizations, and attending school. The petitioners intend to remain in Uganda and are in the process of acquiring Ugandan citizenship.

Issues

  1. Whether the petitioners satisfied all statutory requirements for an adoption order under the Children Act.

Orders

  • Adoption order granted to Zane McCourtney and Summer McCourtney jointly in respect of Ethan Acaleri (infant) with full parental rights and responsibilities.
  • Petitioners directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
  • Petitioners directed to register the order with the United States Embassy in Uganda and the Ugandan Embassy in Washington, USA.
  • Petitioners directed to file annual reports on the child's welfare and development with the Registrar Family Division, High Court at Kampala, until the child is 18 years of age or until directed otherwise.
  • Petitioners permitted to travel with the child out of Uganda.
  • No order as to costs.

Rules and key headnotes

Adoption — Statutory Requirements — Children Act sections 45 and 46
An adoption order may be granted where all statutory requirements and conditions under sections 45 and 46 of the Children Act are met by the petitioners.
Adoption — Welfare Principle — Paramount Consideration
In all matters concerning children the welfare of the child is the paramount consideration and takes precedence over other factors.
Adoption — Consent of Relatives — Views of Extended Family
The views and consent of a child's relatives, including their ability and willingness to care for the child, are relevant considerations in determining whether to grant an adoption order.

Legislation cited (10)

Full judgment

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

In Re_ Ethan Acaleri (an infant) (ADOPTION CAUSE NO. HCT-02-CV-MA-0130 OF 2012) [2013] UGHCFD 4 (18 March 2013)
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.