Wakilii

In the Matter of a petition for adoption by Konstantinos and Cabrera (Adoption Cause 36 of 2023)

High Court · [2023] UGHCFD 133 · 2023 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for adoption of two abandoned children by foreign nationals under the Children Act Cap 59
Decision
Adoption order granted; petitioners appointed as adoptive parents with full parental rights; children authorized to travel with petitioners to Greece

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an adoption order to Greek and Spanish nationals who had fostered two abandoned Ugandan children for over 12 months. The court held that the petitioners satisfied all statutory requirements under the Children Act including age, residency, fostering period, criminal record clearance, and home country recognition. The court dispensed with parental consent as both children had been abandoned and extensive efforts to locate parents proved futile. The adoption was found to be in the children's best interests as no Ugandan alternative was available and the petitioners demonstrated genuine commitment and capacity to care for the children.

Outcome

Adoption order granted; petitioners appointed as adoptive parents with full parental rights; children authorized to travel with petitioners to Greece

Facts

Joyce was abandoned at Mutundwe at 9 months old in November 2021 and placed in Tereza Children's Home. Kevin Musoke was abandoned in a pit in Kitemu-Kivu at approximately one day old in April 2022 and placed in Chrystal Children's Centre. Extensive efforts including newspaper advertisements, radio announcements, and police investigations failed to locate either child's parents or relatives. The petitioners, a Greek-Spanish married couple, came to Uganda in 2022 seeking to adopt. They were introduced to the children by the Probation Officer, obtained foster care orders in September 2022, and fostered both children for over 12 months. The Alternative Care Panel recommended the petitioners proceed to adoption. The petitioners demonstrated financial capacity, obtained clearances from Uganda and their home countries, and received confirmation that Greece would recognize the adoption order.

Issues

  1. Whether the petitioners are suitable to be appointed as the adoptive parents of the children.
  2. Whether the adoption is in the best interests of the children.
  3. Whether the children's names should be changed.

Orders

  • Konstantinos Frantzeskakis and Alodia Pageo Cabrera are hereby appointed the adoptive parents of Joyce and Kevin Musoke.
  • The children Joyce and Kevin Musoke are hereby declared the adopted children of Konstantinos Frantzeskakis and Alodia Pageo Cabrera and the relationship of parent and child is hereby established with all rights and privileges incident thereto including the rights of inheritance for each of the children.
  • The parental rights of all others with respect to Joyce and Kevin Musoke not previously terminated are hereby terminated.
  • The Registrar General of births and deaths is directed to make entries recording the particulars of this adoption in the adopted children's register and to issue a certificate to Konstantinos Frantzeskakis and Alodia Pageo Cabrera reflecting the parental relationship established herein in respect of each child.
  • Konstantinos Frantzeskakis and Alodia Pageo Cabrera shall have exclusive care, custody and control of the said Joyce and Kevin Musoke free from claims or hindrances of all others and shall be responsible for each child's education, maintenance, protection and support.
  • Konstantinos Frantzeskakis and Alodia Pageo Cabrera are allowed to give the children names of their choice.
  • The petitioners are allowed to travel to and/or reside in any country of their choice with the children.
  • The adoption order shall be furnished to the consular department of the ministry of foreign affairs.
  • Costs of the petition shall be borne by the petitioners.

Rules and key headnotes

Adoption by Foreign Nationals — Statutory Requirements under Children Act s.46
A non-citizen 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 home country's competent authority, and satisfy the court that their country will recognize the adoption order.
Adoption — Dispensing with Parental Consent for Abandoned Children
The court may dispense with parental consent to adoption where the parents are incapable of giving it, including where a child has been abandoned and extensive efforts through newspaper advertisements, radio announcements, and police investigations have failed to locate the parents or any relatives willing to claim the child.
Adoption — Best Interests of the Child — Exceptional Circumstances for Foreign Adoption
Adoption by foreign nationals is in the best interests of an abandoned child where no Ugandan alternative is available, the child has been in temporary institutional care, no governmental or community support exists for the child's long-term care, and the foreign petitioners have demonstrated genuine commitment and capacity to provide a permanent home.
Adoption — Change of Name — Integration into Adoptive Family
Where an adoption order is made, it is appropriate to change the child's surname to accord with the adoptive family name as a significant aspect of placing the child in the status and position of a full member of that family, particularly where the child will reside in the adoptive parents' home country and the name change will facilitate integration.
Alternative Care Panel — Role in Foreign Adoption Applications
The High Court must take into consideration the report of the Alternative Care Panel before granting any adoption order where the petitioner is a non-Ugandan, as required by High Court Administrative Circular No. 2 of 2020.

Legislation cited (17)

Cases cited (5)

  • Mark Siduda Trevor (an infant) (Family Cause No. 213 of 2014)
  • Deborah Joyce Alitubeera (Civil Appeal No. 70 of 2011)
  • In Re M (an Infant) (SCCA No. 22 of 2004)
  • In the Matter of Michael (an infant) (HC-00-FD-FC-0072 of 2009)
  • Adoption of AT [2016] NSWSC 1971

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 Konstantinos and Cabrera (Adoption Cause 36 of 2023) [2023] UGHCFD 133 (19 September 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.