Wakilii

In the matter for a Petition for An Adoption by Basaba and Basaba (Adoption Cause 22 of 2023)

High Court · [2023] UGHCFD 173 · 2023 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for inter-country adoption brought under the Children Act
Decision
Adoption order granted; petitioners appointed as adoptive parents with full parental rights; biological parents' rights terminated

Observed later treatment

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Holding

The High Court granted an inter-country adoption order in favour of the petitioners, a Ugandan-American dual citizen and his American wife, for a Ugandan child. The court held that it had jurisdiction under s.44(1)(b) of the Children Act, that the petitioners satisfied all statutory requirements including the minimum foster period and financial capacity, and that adoption was in the child's best interests. The child had lived with the petitioners since 2017, had bonded with their family, and his biological parents consented to the adoption.

Outcome

Adoption order granted; petitioners appointed as adoptive parents with full parental rights; biological parents' rights terminated

Facts

Walugembe Solomon Isaiah was born on 6 October 2010 in Luweero District to Nanyanzi Florence and Kasalirwe Edward. His mother was an alcoholic who abandoned him, leaving him in the care of his sister Harriet. In 2017, when Harriet returned to school with support from SOS Ministries, the child was taken in by the petitioners, Anthony Mark Basaba (a Ugandan-American dual citizen and missionary) and Mary Elizabeth Basaba (an American citizen), who had been residing in Uganda. The child lived with the petitioners and their three other children at their home in Kubamitwe, Luweero. He was formally fostered from 6 June 2018. Both biological parents consented to the adoption, stating they were unable to care for the child financially. The petitioners sought an inter-country adoption order, supported by a home study assessment and the recommendation of the Probation and Social Welfare Officer.

Issues

  1. Whether this court has the jurisdiction to entertain the matter?
  2. Whether the Petitioners are suitable to be declared the adoptive parents of the child?
  3. Whether this petition is in the best interest of the child?
  4. Whether the child's name can be changed upon full adoption?

Orders

  • The Petitioners Anthony Mark Basaba and Mary Elizabeth Basaba are hereby appointed the adoptive parents of the child Walugembe Solomon Isaiah.
  • The Child Walugembe Solomon Isaiah is hereby declared the adopted child of Anthony Mark Basaba and Mary Elizabeth Basaba and the relationship of parent(s) and child is hereby established with all rights and privileges incidental thereto including the right of inheritance.
  • The Parental rights of all others in respect to the child Walugembe Solomon Isaiah not previously terminated, are hereby terminated.
  • The Petitioners Anthony Mark Basaba and Mary Elizabeth Basaba shall have exclusive care, custody and control of the child, Walugembe Solomon Isaiah free from claims or hindrances of all others, and shall be held responsible for his maintenance, education and support.
  • The Petitioners are hereby allowed to change the Child's name upon obtaining the Adoption Order.
  • The Registrar General of Births and Deaths is hereby directed to make an entry recording this adoption in the Adopted Children Register and issue a Certificate in favour of Anthony Mark Basaba and Mary Elizabeth Basaba in respect of Walugembe Solomon Isaiah reflecting the names and parental relationship established herein.
  • This Adoption Order shall be furnished to Consular Department in the Ministry of Foreign Affairs.
  • Costs of this petition shall be met by the Petitioners.

Rules and key headnotes

Adoption — Jurisdiction — Inter-Country Adoption
Where either the child or the applicant for adoption is not a citizen of Uganda, the application must be made to the High Court of Uganda under s.44(1)(b) of the Children Act.
Adoption — Inter-Country Adoption — Statutory Requirements
A non-citizen may adopt a Ugandan child if, inter alia, they have stayed in Uganda for at least one year, fostered the child for at least one year under supervision of a Probation and Social Welfare Officer, have no criminal record, and have a recommendation concerning their suitability to adopt from a competent authority, as required by s.46(1) of the Children Act.
Adoption — Best Interests of the Child — Paramount Consideration
In determining whether to grant an adoption order, the court's paramount consideration is the welfare of the child, their best interests, and their ascertainable wishes having regard to their age and understanding, as required by s.48(1)(b) and s.3 of the Children Act. The interests of all other parties, including the prospective adoptive parents and biological parents, are secondary.
Adoption — Welfare of the Child — Meaning
The welfare of the child is not measured by money or physical comfort alone; the word welfare must be considered in the widest sense, including the child's moral, religious, and physical wellbeing, and ties of affection cannot be ignored.
Adoption — Consent of Biological Parents
The consent of the biological parents, if known, is necessary for an adoption order to be made under s.47(1) of the Children Act, but such consent may be revoked at any time before pronouncement of the adoption order.
Adoption — Effect of Adoption Order — Change of Name
Upon grant of an adoption order, adoptive parents have the right to change the child's name, which right flows from the parent-child relationship created by adoption and solidifies the child's sense of belonging in the adoptive home.

Legislation cited (10)

Cases cited (2)

  • Re Mcgrath (infants) [1893] Ch 143
  • Ayat Joy v Genevive Chenekan Obonyo & Another (Adoption Cause No. 052 of 2002)

Full judgment

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In the matter for a Petition for An Adoption by Basaba and Basaba (Adoption Cause 22 of 2023) [2023] UGHCFD 173 (17 November 2023)
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.