Wakilii

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

High Court · [2018] UGHCFD 224 · 2018 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Inter-country adoption petition brought by US citizens seeking to adopt four Ugandan children
Decision
Adoption petition refused; petitioners remain as foster parents and may re-apply

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Holding

Held that the adoption petition was declined because the petitioners failed to satisfy the residence and fostering requirements under section 46(a) and (b) of the Children Act. The court found that the petitioners had not stayed in Uganda for at least one year nor personally fostered the children for one year under supervision. The court was not convinced that a bond had formed between the petitioners and the children, and noted material inconsistencies in the documentation regarding the children's parentage. The petition was presented with insufficient care, leaving loopholes that raised concerns about the reliability of the evidence.

Outcome

Adoption petition refused; petitioners remain as foster parents and may re-apply

Facts

Mark Edward Wilkins and Cynthia Elaine Wilkins, a married couple and US citizens aged 62 and 55, petitioned to adopt four Ugandan children under age 10. The children were placed under their care on 12 September 2016. Godfrey and Jane were orphans whose father Fred Byebakye died in February 2016 after their mother Harriet Nazziwa died in 2012. Godfrey had been abused by a stepmother and taken to Agape Children Ministries in 2015; Jane was HIV positive and joined the home later. Patricia and Patience were daughters of Nakalanzi Victo, a 22-year-old woman from a difficult background who relinquished her parental rights, unable to care for them. The petitioners visited the children three times over two years for bonding but did not reside in Uganda. They appointed Joseph Serwadda Roberts to foster the children on their behalf. The children remained institutionalised at Agape throughout. Written consents were obtained from surviving relatives.

Issues

  1. Whether the petitioners were suitable adoptive parents.
  2. Whether the adoption was in the best interests of the children Godfrey Ntabazi Muzeeyi Timothy, Nakamatte Jane, Patricia Mirembe and Patience Kirabo.

Orders

  • Adoption petition declined.
  • Petitioners, who remain foster parents of the children, are advised to take note of the court's findings and make decisions in the best interests of the four children for their future.

Rules and key headnotes

Inter-Country Adoption — Residence and Fostering Requirements — Section 46 Children Act
Under section 46 of the Children Act, a non-citizen may adopt a Ugandan child only in exceptional circumstances and must satisfy mandatory conditions including having stayed in Uganda for at least one year and having fostered the child for at least one year under the supervision of a probation and social welfare officer. These requirements are not satisfied where the applicants visit the children intermittently over two years while the children remain institutionalised and a third party fosters on the applicants' behalf.
Adoption — Best Interests of the Child — Formation of Bond
The formation of a bond between prospective adoptive parents and children is a critical factor in determining the best interests of the child in adoption proceedings. Where the court is not satisfied that such a bond has been established, particularly where multiple children of different ages and backgrounds are involved and one child has special medical needs, the court may decline the adoption order.
Adoption — Documentary Evidence — Consistency and Accuracy
In inter-country adoption proceedings where the ultimate intention is to take children to the adoptive parents' home country, it is imperative that names, dates and ages be kept consistent and accurate across all documentation. Material inconsistencies in the identification of the children's parents, including discrepancies in birth certificates and probation reports, raise suspicion and may lead to refusal of the adoption order.
Adoption — Consent of Biological Parents — Notice to Absent Fathers
Where the biological fathers of children subject to adoption proceedings are absent and their whereabouts unknown, reasonable steps must be taken to locate them, including publication of advertisements calling on them to come forward. An advertisement published almost one year after the petition is filed, in circumstances suggesting belated compliance, demonstrates a lack of due diligence in the conduct of the proceedings.
Adoption — Vulnerable Biological Parents — Independent Legal Advice
Where a biological parent consenting to adoption is herself a vulnerable person, such as a teenage mother in difficult circumstances, probation and social welfare officers and the court should ensure that independent legal counsel and psychosocial support are provided to guide the parent through the adoption process, separate from the petitioners' advocates, to achieve a holistic result.

Legislation cited (2)

Full judgment

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In Re_ Ntabazi,Nakamate,Mirembe & Kirabo (Adoption Cause No. 81 of 2017) [2018] UGHCFD 224 (11 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.