Wakilii

In the matter of a petition for adoption by Shayli Renee Good (Adoption Cause No. 36 of 2024)

High Court · [2025] UGHCFD 28 · 2025 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance petition for inter-country adoption under the Children Act Cap 62
Decision
Adoption order granted; petitioner appointed adoptive parent with exclusive parental rights and responsibilities; child's name may be changed

Observed later treatment

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Holding

The High Court granted an inter-country adoption petition allowing an American citizen to adopt a two-year-old Ugandan child. The court held it had jurisdiction under s.86 Children Act because the petitioner is not a Ugandan citizen. Although the petitioner was aged 23 (below the statutory minimum of 25 years), the court waived the age requirement on the basis that she was 21 years older than the child and had fostered him for over one year under supervision. The court found the adoption in the child's best interests where the mother was deceased, the father unknown, and maternal relatives unwilling to care for the child.

Outcome

Adoption order granted; petitioner appointed adoptive parent with exclusive parental rights and responsibilities; child's name may be changed

Facts

Isimail Ngobi was born on 2 June 2023 to Mutesi Jalia, who died shortly after childbirth due to severe bleeding. The biological father was unknown and despite announcements, no paternal relatives came forward. The child had health complications at birth. At nine days old, the maternal grandmother handed the child to Joy Peace Mwanguzi (a cousin of the deceased) and the petitioner, an American citizen working for an NGO in Uganda. The maternal family stated they were incapable of caring for the child and declined to take him back. The petitioner fostered the child from June 2023 under the supervision of the Probation and Social Welfare Officer of Jinja District. On 11 August 2023 the National Alternative Care Panel approved foster care. The petitioner, aged 23 and unmarried with a three-year-old biological son, filed this adoption petition. She has lived in Uganda since 2023 and works as manager and administrator at Whispers of Love Inc, an NGO serving underprivileged women and children. She breastfed the child when he was handed to her at nine days old and has cared for him continuously since then.

Issues

  1. Whether the High Court has jurisdiction to entertain an inter-country adoption petition.
  2. Whether the petitioner is suitable to be declared the adoptive parent of the child.
  3. Whether the adoption petition is in the best interests of the child.
  4. Whether the child's name can be changed by the petitioner upon full adoption.

Orders

  • Petition granted.
  • The petitioner Shayli Renee Good is appointed the adoptive parent of the child Isimail Ngobi.
  • Parental rights of all others in respect of the child are terminated.
  • The petitioner shall have exclusive care, custody and control of the child, free from claims or hindrances of all others, and shall be responsible for his maintenance, education and support.
  • The petitioner is free to change and/or add to the child's name.
  • The Director of Births and Deaths at NIRA is directed to make an entry recording this adoption in the Adopted Children Register.
  • This adoption order shall be furnished to the Consular Department in the Ministry of Foreign Affairs.
  • Costs of this petition to be met by the petitioner.

Rules and key headnotes

Family Law — Adoption — Inter-country adoption — Jurisdiction
The High Court has jurisdiction to hear an inter-country adoption petition under s.86(1)(b) of the Children Act Cap 62 where either the child or the applicant is not a citizen of Uganda.
Family Law — Adoption — Statutory requirements — Age of adopter
Section 87(1)(a) of the Children Act requires an adoption applicant to have attained the age of twenty-five years and to be at least twenty-one years older than the child. A court may exercise discretion to waive the twenty-five year minimum age requirement where the applicant is at least twenty-one years older than the child and has demonstrated commitment and suitability as an adoptive parent.
Family Law — Adoption — Inter-country adoption — Residence and fostering requirements
Under s.88(1)(a) and (b) of the Children Act, a person who is not a citizen of Uganda may in exceptional circumstances adopt a Ugandan child if they have 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.
Family Law — Adoption — Welfare principle — Best interests of the child
Under s.91(1)(b) of the Children Act, an adoption order may be granted only if it serves the welfare of the child. The welfare of the child must be of paramount importance and encompasses not only financial stability and physical comfort but also moral, emotional and physical development, nurturing relationships and strong emotional bonds.
Family Law — Adoption — Inter-country adoption — Last resort principle
Section 88(6) of the Children Act provides that inter-country adoption shall be the last option available to orphaned, abandoned or legally relinquished children. Where a child is orphaned, the father is unknown, and no Ugandan relative is willing to assume responsibility for the child's care, inter-country adoption is the only viable alternative to ensure the child receives the love, stability and opportunities essential for their growth and well-being.
Family Law — Adoption — Consent — Dispensing with consent
Under s.90(2) of the Children Act, the court may dispense with the consent of parents to adoption if the parents are incapable of giving consent. Where a child's paternal parents and relatives are unknown and therefore unable to give consent, the court may proceed with the adoption if the maternal family consents and fully understands the meaning of adoption.

Legislation cited (13)

Cases cited (2)

  • Re McGrath (Infants) [1893] 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 Shayli Renee Good (Adoption Cause No. 36 of 2024) [2025] UGHCFD 28 (2 June 2025)
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.