Wakilii

In Re Ntabazi,Nakamate,Mirembe & Kirabo (Adoption Cause No. 81 of 2017)

High Court · [2018] UGHCFD 225 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Joint petition for inter-country adoption of four Ugandan children by United States citizens
Decision
Adoption petition refused; petitioners to remain as foster parents pending future decisions in the best interests of the children

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Holding

Petition for inter-country adoption of four Ugandan children by United States citizens dismissed. Held that petitioners failed to satisfy the mandatory residence and fostering requirements under Section 46(a) and (b) of the Children Act. Petitioners had not stayed in Uganda for one year and had not personally fostered the children for one year, instead leaving them institutionalised and delegating fostering to a third party under power of attorney. Court found no bond established between petitioners and children, and noted inconsistencies in birth documentation that raised concerns about children's identities.

Outcome

Adoption petition refused; petitioners to remain as foster parents pending future decisions in the best interests of the children

Facts

Mark Edward Wilkins and Cynthia Elaine Wilkins, United States citizens aged 62 and 55, petitioned jointly to adopt four Ugandan children under age 10. The four children—Godfrey Ntabazi Muzeeyi Timothy, Nakamatte Jane, Patricia Mirembe and Patience Kirabo—were placed under their care on 12 September 2016. Godfrey and Jane were orphans whose father died in February 2016; their mother had died in 2012. Godfrey had been placed in Agape Children home in August 2015 following abuse by a stepmother, and Jane joined later due to illness and her HIV-positive status. Patricia and Patience were daughters of Nakalanzi Victo, a 22-year-old single mother who relinquished parental rights due to inability to care for them. The petitioners were approved to adopt up to four children from Uganda by a United States home study report dated 9 February 2016. Written consents were obtained from the maternal and paternal grandparents of Godfrey and Jane, and from the natural mother of Patricia and Patience. The petitioners had not resided in Uganda for one year, visiting only three times since September 2016, and had delegated fostering to the director of Agape Children home under power of attorney. The children remained institutionalised throughout.

Issues

  1. Whether the petitioners were suitable adoptive parents for the four children
  2. Whether the adoption was in the best interests of the children Godfrey Ntabazi Muzeeyi Timothy, Nakamatte Jane, Patricia Mirembe and Patience Kirabo
  3. Whether the petitioners complied with the mandatory requirements for inter-country adoption under Section 46 of the Children Act Cap 59

Orders

  • Petition for adoption dismissed.
  • Petitioners remain foster parents and are advised to note the Court's findings and make decisions in the best interests of the four children for their future.

Rules and key headnotes

Family Law — Inter-Country Adoption — Mandatory Residence Requirement
Section 46(a) of the Children Act Cap 59 requires that a person who is not a citizen of Uganda must have stayed in Uganda for at least one year before adopting a Ugandan child, and this requirement is mandatory and cannot be satisfied by brief visits or delegation to a third party under power of attorney.
Family Law — Inter-Country Adoption — Personal Fostering Requirement
Section 46(b) of the Children Act Cap 59 requires that a prospective adoptive parent must have personally fostered the child for at least one year under the supervision of a probation and social welfare officer, and this requirement cannot be satisfied by leaving the child institutionalised while delegating fostering responsibilities to a third party.
Family Law — Adoption — Best Interests of the Child — Formation of Bond
In determining whether an adoption is in the best interests of the child, the court must be satisfied that a genuine bond has been established between the prospective adoptive parents and the child through meaningful personal contact and fostering, and cannot grant an adoption order where no such bond has formed.
Family Law — Adoption — Documentary Requirements — Consistency of Identity
In adoption proceedings, it is imperative that names, dates and ages in supporting documentation be kept consistent and accurate to avoid suspicion of ill intention, and material inconsistencies in birth certificates and other identity documents concerning the children's parentage constitute grounds for refusing an adoption order.
Family Law — Adoption — Consent — Protection of Vulnerable Mothers
Where a natural mother relinquishing parental rights for adoption is herself a vulnerable person such as a teenage mother in difficult circumstances, probation and social welfare officers and the court should ensure she receives independent legal counsel and psychosocial support separate from the petitioners' advocates to achieve a holistic result.

Legislation cited (3)

Full judgment

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In Re_ Ntabazi,Nakamate,Mirembe & Kirabo (Adoption Cause No. 81 of 2017) [2018] UGHCFD 225 (9 July 2018)
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.