Wakilii

In Re Hillary Kakeeto (An Infant) (HCT-00-FD-FC-0081-2009)

High Court · [2009] UGHC 48 · 2009 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance application for legal guardianship of an infant by foreign applicants resident in the United States
Decision
Legal guardianship of the infant granted to the applicants, who intend to adopt the child in the United States

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court has jurisdiction to grant legal guardianship to foreign applicants resident outside Uganda, despite their non-compliance with Children Act s.46 inter-country adoption requirements, where exceptional circumstances exist and such an order is in the child's best interests. Where no local adoptive home is available and the child is institutionalised with no governmental support, grant of guardianship to suitable foreign applicants is the only viable alternative to institutional upbringing.

Outcome

Legal guardianship of the infant granted to the applicants, who intend to adopt the child in the United States

Facts

Hillary Kakeeto was found abandoned near Namirembe Cathedral on 2 December 2008 and delivered to Old Kampala Police Station Child and Family Protection Unit. The police referred the child to Sanyu Babies Home. On 21 April 2009 the Family and Children Court issued a care order committing the infant to Sanyu Babies Home. The applicants, Jason Wayne Forquer and Hedda Christin Forquer, are United States citizens residing in Texas. Jason is a Lieutenant in the US Air Force and Hedda is employed as a Foster/Adopt Certification Specialist. They are married with four children and worked as volunteers at Sanyu Babies Home where they met the infant. They applied for legal guardianship with the intention of subsequently adopting the child in the United States. An adoptive study by a master level social worker recommended them as suitable adoptive parents. No Ugandan or Uganda-resident applicant had come forward to adopt the child.

Issues

  1. Whether the High Court has jurisdiction to grant legal guardianship to foreign applicants resident outside Uganda who do not satisfy the residency and foster period requirements under Section 46 of the Children Act.
  2. Whether granting legal guardianship to the applicants is in the best interests of the infant.

Orders

  • Application granted.
  • An order of legal guardianship of Hillary Kakeeto granted to the applicants Jason Wayne Forquer and Hedda Christin Forquer effective immediately.

Rules and key headnotes

Family Law — Guardianship — High Court Jurisdiction — Foreign Applicants
The High Court has jurisdiction under Article 139(1) of the Constitution, Sections 14, 33 and 39 of the Judicature Act, and Section 3 of the Children Act to grant legal guardianship to foreign applicants resident outside Uganda, notwithstanding that they do not comply with the residency and foster period requirements prescribed by Section 46 of the Children Act for inter-country adoption.
Family Law — Guardianship — Best Interests of the Child — Application of Principle
Where the Court of Appeal provides conflicting legal positions on the exercise of guardianship powers, the court must turn to the fundamental question of whether the grant of guardianship is in the best interests of the child, having regard to the child's need for a loving family environment and the absence of viable local alternatives.
Family Law — Guardianship — Exceptional Circumstances — No Local Alternatives
Exceptional circumstances exist for granting guardianship to foreign non-resident applicants where no suitable local home has become available since the child was found abandoned, no governmental support exists for the child's care, the child's institutionalisation was intended to be temporary, and institutional upbringing denies children their natural and legal rights to be raised by parents.
Human Rights — Children's Rights — Family Environment — Institutional Care
Institutional upbringing denies children their natural and legal rights of being raised by their parents whether natural or adopted, and a child's stay in an institution must be terminated as soon as possible where a suitable family environment becomes available.

Legislation cited (6)

Cases cited (2)

  • In Re Francis Palmer (An Infant) (Civil Appeal No. 32 of 2006)
  • In Re Howard Amani Little (An Infant) (Civil Appeal No. 33 of 2006)

Full judgment

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

In Re_ Hillary Kakeeto (An Infant) (HCT-00-FD-FC-0081-2009) [2009] UGHC 48 (8 July 2009)
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.