Wakilii

In Re Lisa Marie Cherline Sanyu,(child) ,(Adoption) (Family Cause No. 107 of 2018)

High Court · [2019] UGHCFD 13 · 2019 Adoption Order Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for inter-country adoption by British citizen of Ugandan descent seeking to adopt her late sister's adopted child
Decision
Adoption order granted; child adopted by petitioner

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an inter-country adoption order to a British citizen of Ugandan descent seeking to adopt her late sister's adopted child. The court waived the statutory 12-month fostering requirement under section 46(b) of the Children Act, finding exceptional circumstances in the existing familial bond, the dying wish of the child's late adoptive mother, and the need for continuity and stability. The court was satisfied the petitioner was suitable and the adoption served the child's best interests.

Outcome

Adoption order granted; child adopted by petitioner

Facts

Lisa Marie Cherline Sanyu was found abandoned in August 2012 and placed at Nsambya Babies Home. She was fostered and then adopted in November 2016 by Rosemary Nabatanzi. In April 2018, Rosemary Nabatanzi died, having named her sister, the petitioner Anitah Suubi Hickman (a British citizen of Ugandan descent), as the child's primary caregiver. The petitioner, aged 38, is married with two biological children and resides in the United Kingdom. She had met the child during visits in 2013 and 2015. The child, aged six at the time of the hearing, identified the petitioner as one of her mothers. A probation and social welfare officer recommended the adoption.

Issues

  1. Whether the petitioner was a suitable adoptive parent.
  2. Whether the grant of the adoption order was in the best interests of the child.

Orders

  • An order of Adoption of the Child Lisa Marie Cherline Sanyu by the petitioner, Anitah Suubi Hickman is allowed.
  • 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.
  • Costs of the Petition to be provided for by the petitioner.

Rules and key headnotes

Adoption — Inter-country Adoption — Waiver of Statutory Fostering Period
A court may waive the 12-month fostering requirement under section 46(b) of the Children Act for inter-country adoption where exceptional circumstances exist, including an existing familial bond between the child and the prospective adoptive parent, the dying wish of the child's previous adoptive parent, and the need to provide continuity and stability for the child.
Adoption — Best Interests of the Child — Welfare Principle
In determining whether an adoption order is in the best interests of a child, the court must apply the welfare principle under section 3 of the Children Act and have regard to the child's wishes and feelings, physical and emotional needs, the likely effects of any change in circumstances, and the capacity of the prospective adoptive parent to meet the child's needs.
Adoption — Suitability of Adoptive Parent — Familial Relationship
Where a petitioner for adoption is related to the child as an adoptive aunt and has an established relationship with the child through prior family visits, and is of good character with no criminal record and adequate financial means, the court may be satisfied as to the petitioner's suitability as an adoptive parent.

Legislation cited (5)

Full judgment

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In Re_ Lisa Marie Cherline Sanyu,(child) ,(Adoption) (Family Cause No. 107 of 2018) [2019] UGHCFD 13 (26 March 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.