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In the matter for a Petition for An Adoption by DorotheeMarie and Batke (Adoption Cause 26 of 2022)

High Court · [2023] UGHCFD 43 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Adoption petition under the Children Act Cap 59 as amended by Children (Amendment) Act No. 9 of 2016
Decision
Adoption order granted — petitioners appointed adoptive parents with full parental rights and responsibilities

Observed later treatment

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Holding

Held that the petitioners, German nationals who had fostered the child for over five years and met all statutory requirements under the Children Act, qualified to adopt. The court waived the requirement for a home country probation officer's report under section 46(4) given the petitioners' long residence in Uganda. The adoption was in the child's best interests, considering her biological mother's inability to care for her, the petitioners' proven financial capability and care, and the 17-year-old child's informed consent.

Outcome

Adoption order granted — petitioners appointed adoptive parents with full parental rights and responsibilities

Facts

The child Auma Conny was born on 11 May 2005 to Alum Vicky and the late Olwa Bosco. After her father's death when she was two years old, her mother remarried and her new husband did not want children from her previous relationship in the home. The mother gave the child to the paternal aunt to raise. The first petitioner, a German national working for GIZ, met the child in 2014 when the child was nine years old and staying with her aunt who worked as a guard. In 2017, the petitioners applied to foster the child and received a foster care order from the Probation Officer of Oyam District. The petitioners enrolled the child in the British School of Kampala, travelled with her to Germany for holidays, and fostered her continuously for over five years. The biological mother consented to the adoption, acknowledging she could not provide for the child and that the petitioners had been meeting her needs. The child, aged 17 at the time of the hearing, also consented to the adoption.

Issues

  1. Whether the petitioners are suitable and qualify to be appointed as adoptive parents of Auma Conny.
  2. Whether it is in the best interests of the child for an order of adoption to be made.

Orders

  • Verene Dorothee Marei Koerner and Thomas Batke are appointed the adoptive parents of Auma Conny.
  • Auma Conny is declared the adopted child of Verene Dorothee Marei Koerner and Thomas Batke and the relationship of parent and child is established with all rights and privileges incident thereto including the right of inheritance.
  • The parental rights of all others with respect to Auma Conny not previously terminated are terminated.
  • The Registrar General of births and deaths is directed to make an entry recording the particulars of this adoption in the adopted children's register and to issue a certificate to Verene Dorothee Marei Koerner and Thomas Batke reflecting the parental relationship established.
  • Verene Dorothee Marei Koerner and Thomas Batke shall have exclusive care, custody and control of Auma Conny free from claims or hindrances of all others and shall be responsible for her education, maintenance, protection and support.
  • The adoption order shall be furnished to the consular department of the Ministry of Foreign Affairs of Uganda.
  • Costs of the petition to be borne by the petitioners.

Rules and key headnotes

Family Law — Adoption — Foreign Nationals Adopting Ugandan Children — Statutory Requirements under Children Act s.46
A person who is not a citizen of Uganda may adopt a Ugandan child in exceptional circumstances if they have stayed in Uganda for at least one year, fostered the child for at least one year under probation officer supervision, have no criminal record, have a recommendation from their country's competent authority, and satisfy the court that their country will recognise the adoption order.
Family Law — Adoption — Waiver of Requirements — Court's Discretion under Children Act s.46(4)
The court may, in exceptional circumstances, waive any of the requirements for adoption by foreign nationals specified in section 46(1) of the Children Act, including the requirement for a home country probation officer's report, where the applicants have resided in Uganda for an extended period and it is not practically possible for their home country's probation officer to effectively assess their suitability.
Family Law — Adoption — Best Interests of the Child — Paramount Consideration
In determining whether to grant an adoption order, the welfare and best interests of the child are the paramount consideration. The court must consider the child's wishes having regard to their age and understanding, their physical, emotional and educational needs, the likely effects of any change in circumstances, any harm suffered or at risk of suffering, and the capacity of the applicants to meet the child's needs.
Family Law — Adoption — Child's Consent — Statutory Requirement for Children Aged Fourteen and Above
Where a child is at least fourteen years of age, their consent to the adoption must be obtained unless it is impossible for them to express their wishes. If the child is able to understand the adoption proceedings, their views shall be taken into consideration and carry significant weight in the court's determination.

Legislation cited (12)

Cases cited (4)

  • Re Hassan Kaaya (Family Cause No. 2 of 2018)
  • J v C [1970] AC 668
  • Re Michael Lumu (Adoption Cause No. 8 of 2000)
  • In the Matter of Briona Nakayizza (Adoption Cause No. 13 of 2017)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In the matter for a Petition for An Adoption by DorotheeMarie and Batke (Adoption Cause 26 of 2022) [2023] UGHCFD 43 (14 April 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.