Wakilii

In the matter of a petition for adoption by Horning & Horning (Adoption Cause 19 of 2024)

High Court · [2024] UGHCFD 84 · 2024 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance petition for inter-country adoption of a Ugandan child by non-citizen petitioners
Decision
Adoption order granted; petitioners appointed adoptive parents and child's name changed to Horning Ayebale Daniel

Observed later treatment

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Holding

The court held that where either the child or an applicant is not a Ugandan citizen, jurisdiction over an adoption petition lies with the High Court under section 86 of the Children Act. The American petitioners satisfied all statutory conditions for inter-country adoption, including age, one year's residence and fostering under a probation officer, absence of criminal record, favourable home study, and parental consent. Applying the welfare principle as paramount, the court found the child had suffered neglect and that his biological parents could not provide for him, while the petitioners offered a stable, loving home. The petition was granted, the petitioners appointed adoptive parents, and the change of the child's name permitted.

Outcome

Adoption order granted; petitioners appointed adoptive parents and child's name changed to Horning Ayebale Daniel

Facts

Ayebale Daniel, a Ugandan boy born on 1 September 2018 to Ugandan parents Mugenyi Matia Mulumba and Kabahweza Mary Gorret, was legally relinquished by his biological parents, who had neglected and abused him and could not provide for his basic needs. The petitioners, Horning Jeremy Seibel and Horning Faith Ann, both 40-year-old American citizens and missionaries married since 2005 with three biological children, arrived in Uganda in 2021 and have resided there since 6 July 2021 in Kawempe Division, Kampala. They began fostering the child on 16 August 2021, with formal foster placement by the Senior Probation and Social Welfare Officer on 10 May 2022. They were presented to the Ministry of Gender's Alternative Care Panel on 4 November 2022 and 28 March 2024, held recommendations for suitability, had no criminal record, and obtained a favourable home study report in Massachusetts. The biological parents consented to the adoption.

Issues

  1. Whether the High Court is seized with jurisdiction to entertain the adoption petition.
  2. Whether the petitioners qualify to be appointed the adoptive parents of the child.
  3. Whether the adoption petition is in the best interests of the child.
  4. Whether the child's name should be changed from Ayebale Daniel to Horning Ayebale Daniel.

Orders

  • The petitioners Horning Jeremy Seibel and Horning Faith Ann are appointed the adoptive parents of the child Ayebale Daniel.
  • The parental rights of all others in respect of the child, not previously terminated, are terminated.
  • The petitioners shall have exclusive care, custody and control of the child free from claims of all others, and shall be responsible for his maintenance, education and support.
  • The petitioners are allowed to change the child's name to Horning Ayebale Daniel.
  • The Registrar General of Births and Deaths is directed to record this adoption in the Adopted Children Register.
  • The Adoption Order shall be furnished to the Consular Department in the Ministry of Foreign Affairs.
  • Costs of the petition shall be met by the petitioners.

Rules and key headnotes

Adoption — Inter-Country Adoption — Jurisdiction of the High Court
Where either the child or an applicant in an adoption application is not a citizen of Uganda, the application is an inter-country adoption and must be made to the High Court, which has jurisdiction under section 86(1)(b) of the Children Act.
Adoption — Inter-Country Adoption — Statutory Conditions for Non-Citizen Applicants
A non-citizen may adopt a Ugandan child in exceptional circumstances where the applicant has attained 25 years and is at least 21 years older than the child, has stayed in Uganda for at least one year, has fostered the child for at least one year under probation supervision, has no criminal record, holds a suitability recommendation from a competent authority in the country of origin, and satisfies the court that the country of origin will respect the adoption order.
Adoption — Parental Consent and Voluntary Relinquishment
The consent of the child's known biological parents is necessary for an adoption order, and the court will honour the parents' voluntary decision to relinquish their child into the care of the petitioners as an exercise of their inherent right to determine the care and custody of their child.
Adoption — Welfare Principle — Best Interests of the Child
In determining an adoption petition the welfare of the child is the paramount consideration under section 3 of the Children Act, and welfare is construed in the widest sense to include moral, religious, emotional and physical wellbeing, not merely financial or material comfort.
Adoption — Change of Child's Name
Adoption creates a parent-child relationship whereby every parent has the right to name their children, and the court may accordingly order a change of the adopted child's name to reflect and solidify the child's sense of belonging in the adoptive family.

Legislation cited (15)

Cases cited (2)

  • In re McGrath (Infants) [1893] 1 Ch 143
  • 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 Horning & Horning (Adoption Cause 19 of 2024) [2024] UGHCFD 84 (5 December 2024)
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.