Wakilii

IN RE Kyakutwika Patrick & Muyaya Jackson (Infants) (Adoption Cause No. 18 of 2018)

High Court · [2019] UGHC 14 · 2019 Adoption Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for adoption order by non-citizen under Children Act
Decision
Adoption order granted. Children may travel with adoptive parent to Spain, USA or any other part of the world.

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Holding

Held that a non-citizen petitioner may adopt Ugandan children where exceptional circumstances exist and the children's welfare demands it. The court may waive the one-year continuous residence requirement under s.46(4) where the petitioner has made multiple visits totalling significant time, demonstrated cultural understanding, and shown commitment to the children's welfare. A sole female applicant may adopt male children where special circumstances justify it as an exceptional measure, particularly where no other suitable caregiver exists and the petitioner has established a bond through shared interests and foster care.

Outcome

Adoption order granted. Children may travel with adoptive parent to Spain, USA or any other part of the world.

Facts

Patricia Campos Domenech, a 42-year-old Spanish national, petitioned to adopt two Ugandan male children, Kyakutwika Patrick (aged 8 years 4 months) and Muyaya Jackson (aged 7 years 8 months). The petitioner first came to Uganda in February 2015 as a volunteer working with vulnerable children and coaching soccer. She encountered the children living in deplorable conditions — their biological mother had abandoned them, their father was too poor to provide basic necessities, and they were often left to beg for food in the village. The petitioner obtained a Foster Care Placement Certificate on 18 March 2015 and has since supported the children financially, placed them in boarding school, and visited them regularly despite residing primarily in Spain and the USA. Both biological parents, the paternal grandfather, and the foster carer consented to the adoption, acknowledging their inability to care for the children. The petitioner has been evaluated by both Hawaii International Child adoption agency and the Jinja Probation and Social Welfare Officer, both of whom recommended approval. The petitioner did not reside continuously in Uganda for one year as required by statute.

Issues

  1. Whether the petitioner, a non-citizen of Uganda, satisfies the statutory requirements for adopting Ugandan children under the Children Act s.46(1).
  2. Whether the court should waive the requirement for one year continuous residence in Uganda under s.46(4).
  3. Whether adoption by a sole female applicant of male children is justified by special circumstances under s.45(3).
  4. Whether adoption is in the best interests of the children.

Orders

  • The petitioner Patricia Campos Domenech is granted an order of adoption in respect of the children Kyakutwika Patrick and Muyaya Jackson.
  • The petitioner may travel with the children to the Kingdom of Spain, United States of America or any other part of the world in order to fulfill her obligations as an adoptive parent.
  • The Registrar of Births and Deaths shall make an entry recording this adoption in the Adopted Children Register.
  • This adoption shall be furnished to the consular department in the Ministry of Foreign Affairs at Kampala and at the Ministry of Gender, Labour and Social Development in Kampala.
  • The petitioner shall meet the costs of this application.

Rules and key headnotes

Inter-Country Adoption — Waiver of One Year Residence Requirement
Under the Children Act s.46(4), the court may waive the requirement that a non-citizen petitioner reside in Uganda for one year before adopting a Ugandan child where sufficient reasons are advanced explaining the petitioner's inability to meet this requirement, provided the petitioner has made multiple visits to Uganda totalling a significant aggregate period, has demonstrated understanding of Ugandan culture, and has fostered the child under proper supervision.
Adoption — Purpose of Statutory Residence Period
The purpose of the one-year residence requirement for a non-citizen petitioner is to provide a period during which the petitioner bonds with the child and their family, learns and better understands the culture and way of life of their future ward, and becomes equipped to introduce the child into a new social order while protecting them from social prejudice in the new country.
Adoption by Sole Female Applicant — Male Children
Under the Children Act s.45(3), a court may grant an adoption order to a sole female applicant in respect of male children where special circumstances justify the order as an exceptional measure, including where no other suitable adult is able or willing to care for the children, the petitioner's upbringing and credentials demonstrate she will not be of harm to male children, and a shared interest or bond exists between the petitioner and the children.
Adoption — Best Interests of the Child
The welfare of the child is of paramount consideration in determining whether to grant an adoption order. The court must assess whether the children are in need of care and protection, whether the petitioner is a suitable adoptive parent, and whether adoption serves the children's best interests considering all available alternative care options including family preservation, kinship care, and foster care.
Inter-Country Adoption — Exceptional Circumstances for Non-Citizen Adoption
Exceptional circumstances permitting a non-citizen to adopt a Ugandan child amount to unusual, extraordinary or not typical circumstances surrounding the upbringing of a child, to be determined dependent on the circumstances of each individual case. Such circumstances may include the absence of any other suitable caregiver, severe deprivation of the child's basic needs, and abandonment or incapacity of biological parents.

Legislation cited (9)

Cases cited (5)

  • 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)
  • In the Matter of Margaret Ruth Kisakye (Adoption Cause No. 19 of 2017)

Full judgment

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

IN RE Kyakutwika Patrick & Muyaya Jackson (Infants) (Adoption Cause No. 18 of 2018) [2019] UGHC 14 (15 July 2019)
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.