Wakilii

In the Matter of a petition for adoption by Giannopoulou and Laoulakos (Adoption Cause 24 of 2023)

High Court · [2023] UGHCFD 140 · 2023 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for inter-country adoption of an abandoned Ugandan child by Greek nationals
Decision
Adoption order granted; petitioners appointed adoptive parents with exclusive parental rights; child's name changed to Alexios Laoulakos

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an inter-country adoption petition by Greek nationals for an abandoned Ugandan child. The court held it had jurisdiction under s.44(1)(b) of the Children Act where the applicants are not Ugandan citizens. The petitioners satisfied all statutory requirements including one year residence and fostering in Uganda under supervision, no criminal record, suitability certification from Greece, and confirmation that Greece would recognize the adoption order. The court dispensed with parental consent as the biological parents could not be found despite extensive searches. The adoption was found to be in the child's best interests given the abandonment, the grandmother's inability to care for the child, the petitioners' financial stability and suitability, and the bond formed during the fostering period.

Outcome

Adoption order granted; petitioners appointed adoptive parents with exclusive parental rights; child's name changed to Alexios Laoulakos

Facts

On 27 January 2022, the child Samson Mayanja was abandoned at a verandah in Lweza by his mother/caregiver. The matter was reported to Kajjansi Police Station and the child was placed at Chrystal Children's Centre under the care of Wakiso District Probation and Social Welfare Office. Despite newspaper advertisements and extensive searches, the biological parents could not be traced. The maternal grandmother, Nassimbwa Aidah, stated she was unable to care for the child as she already had 13 dependents. The petitioners, Greek nationals aged 39 and 37, married in Athens in January 2021, arrived in Uganda on 8 June 2022 and began fostering the child on 29 June 2022. They provided the child with care, necessities, and a stable home for over one year under supervision of a probation officer. The petitioners are financially stable—the first petitioner is an educator and the second a businessman owning a café and two properties in Greece. They have no children of their own and sought to adopt the child.

Issues

  1. Whether the High Court has jurisdiction to entertain this inter-country adoption matter?
  2. Whether the petitioners are suitable to be declared the adoptive parents of the child?
  3. Whether the petition is in the best interest of the child?

Orders

  • The Petitioners Giannopoulou Anthi and Laoulakos Kyriakos are hereby appointed the adoptive parents of the child Samson Mayanja.
  • The parental rights of all others in respect to the child Samson Mayanja not previously terminated are hereby terminated.
  • The Petitioners shall have exclusive care, custody and control of the child Samson Mayanja free from claims or hindrances of all others, and shall be held responsible for his maintenance, education and support.
  • The name of the child Samson Mayanja appearing on his birth certificate shall be changed to Alexios Laoulakos.
  • The Registrar General of Births and Deaths is hereby directed to make an entry recording this adoption in the Adopted Children Register.
  • 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

Inter-Country Adoption — Jurisdiction — High Court
Under s.44(1)(b) of the Children Act Cap. 59, where either the child or the applicant is not a citizen of Uganda, the application for adoption shall be made to the High Court of Uganda.
Inter-Country Adoption — Statutory Requirements — Residence and Fostering Period
A person who is not a citizen of Uganda may in exceptional circumstances adopt a Ugandan child if he or she has stayed in Uganda for at least one year and fostered the child for at least one year under the supervision of a Probation and Social Welfare Officer, as required by s.46(1)(b) of the Children Act.
Adoption — Parental Consent — Dispensation
Under s.47(2) of the Children Act, the court may dispense with parental consent if the parents of the child are incapable of giving it, including where the parents cannot be found despite reasonable efforts to locate them.
Adoption — Best Interests of the Child — Paramount Consideration
Under s.3 of the Children Act, the welfare of the child shall be of paramount consideration in any determination concerning the upbringing of the child. The focus must be on the child's best interests rather than the interests of biological parents, adoptive parents, or anyone else.
Inter-Country Adoption — Recognition by Country of Origin
Section 46(e) of the Children Act requires that the petitioner satisfy the court that his or her country of origin will respect and recognize the adoption order before an inter-country adoption may be granted.
Inter-Country Adoption — Last Resort Principle
Under s.46(6) of the Children Act, inter-country adoption shall be the last option available to orphaned, abandoned or legally relinquished children, along a continuum of comprehensive child welfare services. The court must consider this option only where no Ugandan persons are willing and able to provide the care the child requires.

Legislation cited (15)

Cases cited (2)

  • Ayat Joy v Genevive Chenekan Obonyo & Another (Adoption Cause No. 052 of 2002)
  • Nakaggwa v Kigundu (1978) HCB 310

Full judgment

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

In the Matter of a petition for adoption by Giannopoulou and Laoulakos (Adoption Cause 24 of 2023) [2023] UGHCFD 140 (18 July 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.