Wakilii

In Re Kirabo(infant) (Adoption Cause No 205 of 2014)

High Court · [2015] UGHCFD 208 · 2015 Adoption Order Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance adoption petition under the Children Act
Decision
Adoption order granted — applicants appointed as adoptive parents of the child

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Holding

Held that the High Court has jurisdiction to hear adoption applications where the applicant is not a citizen of Uganda under section 44(1)(b) of the Children Act. Non-citizen applicants who have resided in Uganda for more than three years, fostered the child for more than 36 months under supervision, have no criminal record, and can demonstrate their home country will respect the adoption order qualify to adopt. The welfare principle and best interests of the child are paramount considerations. Adoption order granted.

Outcome

Adoption order granted — applicants appointed as adoptive parents of the child

Facts

The child Stella Kate Kirabo Borchert was rescued from a pit latrine in Wakiso district on 28 June 2011 and admitted to Mulago Hospital. She was placed with Malaika Babies Home under a care order dated 16 August 2011. Attempts to locate her parents proved futile. The petitioners, US citizens residing in Uganda since 2003, first met the child in August 2011 when they visited Malaika Babies Home. They obtained a foster care order on 17 February 2012 and a guardianship order on 27 May 2013. The child had been living with the petitioners and their two other adopted children as a family. The petitioners sought an adoption order under the Children Act.

Issues

  1. Whether the High Court is seized with the jurisdiction to entertain the matter.
  2. Whether the petitioners qualify to be appointed the adoptive parents of the child.
  3. Whether the application is in the best interests of the child.

Orders

  • An order for the adoption of Stella Kate Kirabo Borchert be made to Jeff Neil Borchert and Katie Ann Borchert.
  • The Registrar General of Births and Deaths shall make an entry recording this adoption in the Adopted Children Register.
  • The adoption order shall be furnished to the Consular Department in the Ministry of Foreign Affairs Kampala.
  • Costs of the petition shall be provided for by the petitioners.

Rules and key headnotes

Adoption — Jurisdiction of High Court — Applications involving non-citizens
Under section 44(1)(b) of the Children Act, the High Court has jurisdiction to hear and determine an application for an adoption order where either the child or the applicant is not a citizen of Uganda.
Adoption — Qualifications of non-citizen applicants — Section 46 requirements
A person who is not a citizen of Uganda may adopt a Ugandan child in exceptional circumstances if they have stayed in Uganda for at least three years, have fostered the child for at least 36 months under the supervision of a Probation and Social Welfare Officer, do not have a criminal record, have a recommendation concerning their suitability to adopt from their country's competent authority, and have satisfied the court that their country of origin will respect and recognize the adoption order.
Adoption — Age requirements — Section 45(1)(a) of the Children Act
An adoption order may be granted to spouses where at least one of the applicants has attained the age of 25 years and is at least 21 years older than the child.
Adoption — Parental consent — Dispensation where parents unknown
Under section 47 of the Children Act, the consent of the child's parents is necessary if the parents are known, but may be dispensed with if the parents are incapable of giving it or, as in circumstances where the child's parents are not known, their consent cannot be obtained.
Adoption — Best interests of the child — Welfare principle paramount
Under section 3 and the First Schedule of the Children Act, the welfare principle shall be of paramount consideration when making decisions concerning children. The court shall have regard to the child's ascertainable wishes and feelings, physical, emotional and educational needs, the likely effect of any changes in circumstances, the child's age, sex, background and any other relevant circumstances, any harm suffered or risk of suffering, and the capacity of those involved in the child's care to meet the child's needs.

Legislation cited (6)

Full judgment

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In Re_ Kirabo(infant) (Adoption Cause No 205 of 2014) [2015] UGHCFD 208 (2 April 2015)
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.