Wakilii

In Re Tusabiri (an infant) (Adoption Cause No 252 of 2013)

High Court · [2014] UGHCFD 30 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for adoption of an abandoned infant by a foreign national foster parent
Decision
Adoption order granted; child legally adopted by petitioner with full parental rights

Observed later treatment

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Holding

The High Court granted an adoption order to a Dutch national who had fostered an abandoned Ugandan infant for over three years. The court held that it had jurisdiction under section 44(1)(b) of the Children Act to hear adoption applications involving non-citizens. The petitioner satisfied the requirements of sections 45 and 46, including age requirements, fostering period, criminal clearance, and suitability recommendations. The adoption was in the child's best interests given her abandonment, lack of known parents, special speech therapy needs, and the petitioner's provision of a stable family environment.

Outcome

Adoption order granted; child legally adopted by petitioner with full parental rights

Facts

On 21 February 2006, an infant girl was found abandoned in a carpentry workshop in Kampala. After police failed to locate the mother, Noah's Ark Children Ministry obtained a care order and cared for the child. In 2008, Nauta Reny Rinskje, a Dutch national working as a volunteer at Noah's Ark, took special interest in the child. She received custody in December 2009 and obtained a foster certificate in January 2010. The child, who has a speech impairment, has been under the petitioner's care for over four years. The petitioner sought an adoption order under the Children Act. A Probation and Social Welfare Officer from Mukono district recommended the adoption. The petitioner has no criminal record and authorities in the Netherlands provided a favourable report regarding the child's future there. The child's biological parents remain unknown and have never been located.

Issues

  1. Whether the High Court is seized with the jurisdiction to entertain the matter.
  2. Whether the petitioner qualifies to be appointed the adoptive parent of the child.
  3. Whether the application is made in the best interests of the child.

Orders

  • An order for the adoption and custody of the said Tusabiri Suzannah Myrthe is granted to Nauta Reny Rinskje.
  • 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 petitioner.

Rules and key headnotes

Adoption — Jurisdiction — Foreign National Applicants
The High Court has jurisdiction under section 44(1)(b) of the Children Act to hear and determine adoption applications where either the child or the applicant is not a citizen of Uganda.
Adoption — Non-Citizen Adopters — Qualifying Requirements
A non-citizen may adopt a Ugandan child in exceptional circumstances if the applicant has stayed in Uganda for at least three years, fostered the child for at least thirty-six months under supervision of a Probation and Social Welfare Officer, has no criminal record, has a recommendation from their country's competent authority, and has satisfied the court that their country will respect and recognise the adoption order.
Adoption — Parental Consent — Dispensation Where Parents Unknown
Where a child's parents are not known and cannot be located, the requirement for parental consent under section 47 of the Children Act may be dispensed with.
Adoption — Best Interests of the Child — Welfare Principle
The welfare principle is of paramount consideration in adoption decisions. The court must consider the child's wishes and feelings, physical and emotional needs, the effect of changes in circumstances, age and background, any harm suffered or risk thereof, and the capacity of those involved to meet the child's needs. An abandoned child with special needs who has been successfully fostered for over three years presents exceptional circumstances warranting adoption where the foster parent can provide a stable family environment.
Adoption — Effect of Adoption Order — Parental Rights
An adoption order places the adoptive parent in the position of the child's biological parents, conferring full parental rights including the right to travel with the child without further court authorisation, provided such movement is in the child's best interests.

Legislation cited (12)

Full judgment

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In Re_ Tusabiri (an infant) (Adoption Cause No 252 of 2013) [2014] UGHCFD 30 (8 May 2014)
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.