Wakilii

In the matter of a petition for adoption of Kansiime Bridget by Benjamin Van Dyke David & Kari Marie David (Adoption Cause 34 of 2020)

High Court · [2021] UGHCFD 223 · 2021 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance petition for inter-country adoption of an abandoned child under the Children Act Cap 59 as amended
Decision
Adoption order granted; petitioners appointed adoptive parents with ongoing reporting obligations

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the court has discretion under Section 46(3) of the Children Act to waive statutory requirements for inter-country adoption where exceptional circumstances exist. Where an abandoned child has been fostered for over two years, has bonded with the petitioners, and one petitioner is Ugandan by origin with an understanding of local culture, the welfare principle in Section 3 permits waiving requirements for a recommendation from the petitioners' country of nationality and proof that the foreign jurisdiction will recognize the adoption order. Inter-country adoption is appropriate where institutionalization or re-fostering would harm the child's established familial bonds.

Outcome

Adoption order granted; petitioners appointed adoptive parents with ongoing reporting obligations

Facts

A seven-year-old child was abandoned in Wakiso district in October 2016 and placed in Mercy Child Care Ministries after attempts to locate her family proved futile. A care order was issued by the Family and Children's Court of Kakiri in January 2017. In October 2018, the child was placed in foster care with the petitioners, who had expressed interest in adopting her. The first petitioner is a dual citizen of Uganda and the United States; the second petitioner is a US citizen holding a Uganda certificate of residence valid until 2026. Both work for Hope Speaks Ministries in Uganda. The petitioners have fostered the child for over two years and have two other children. The child has attended Heritage International School since being fostered and has formed strong bonds with the petitioners and their children. The petitioners filed a petition for adoption under the Children Act Cap 59 as amended.

Issues

  1. Whether the petitioners are eligible to adopt the child
  2. Whether it is in the child's best interest to be adopted

Orders

  • Benjamin Van Dyke David and Kari Marie David are appointed the adoptive parents of the child Kansiime Bridget.
  • The Registrar General of Births and Deaths is hereby directed to make an entry recording the particulars of this adoption in the Adopted Children's Register and to issue a certificate to Kansiime Bridget, reflecting the parental relationship established.
  • This Adoption Order shall be furnished to the Consular Department in the Ministry of Foreign Affairs.
  • This Adoption Order shall be furnished to the Permanent Secretary, Ministry of Gender, Labor and Social Development.
  • The petitioners shall every two years, until the child clocks 18 years of age, furnish the Registrar of this Court with a social welfare report of the child, showing her development in life, which report shall be prepared by the Probation and Social Welfare Officer of Wakiso district or of any other area of their residence in Uganda, or the equivalent of such officer in any place that the petitioners may relocate to abroad, which report shall be accompanied by supporting documentation establishing the progress of the child, including photographs of the child, with members of her adoptive family, church, school and friends.
  • The costs of this petition shall be borne by the petitioners.

Rules and key headnotes

Adoption — Inter-country adoption — Waiver of statutory requirements
Under Section 46(3) of the Children Act Cap 59 as amended, the court has discretion to waive any of the statutory requirements for inter-country adoption if exceptional circumstances have been proved, notwithstanding that the petitioners have not satisfied all conditions including obtaining a recommendation from their country of nationality or proving that their country will recognize the adoption order.
Adoption — Best interests of the child — Welfare principle
The provisions of Section 46 of the Children Act regarding eligibility requirements for adoption are directory and not mandatory on account of the welfare principle enshrined in Section 3 of the Children Act, which provides that the welfare of the child shall be of paramount consideration in all matters concerning the upbringing of the child.
Adoption — Exceptional circumstances — Abandoned child with established foster relationship
Exceptional circumstances warranting waiver of statutory adoption requirements exist where the child was abandoned with no relatives located, the petitioners have fostered the child for over two years during which the child has bonded with them, one petitioner is Ugandan by origin and understands local culture, and the petitioners hold a certificate of residency showing intention to remain in Uganda for a substantial period.
Adoption — Best interests of the child — Factors for consideration
In determining whether adoption is in the child's best interests under Section 3(3) of the Children Act, the court must consider the child's ascertainable wishes and feelings, the child's physical, emotional and educational needs, the likely effects of any change in the child's circumstances, the child's background, any harm the child has suffered or is at risk of suffering, and the capacity of the adoptive parents to meet the child's needs.
Adoption — Inter-country adoption as last resort — Application to abandoned children
While Section 46(6) and (7) of the Children Amendment Act provides that the court shall consider inter-country adoption as a last option compared to family preservation, kinship care, foster care and institutionalization, where a child has been abandoned, relatives cannot be located, the child has been institutionalized and then fostered for over two years with a strong bond formed, and one petitioner is Ugandan with knowledge of local culture, inter-country adoption is preferable to re-institutionalization or a fresh fostering process.
Adoption — Post-adoption reporting obligations
Where the court grants an inter-country adoption order, it may impose an obligation on the adoptive parents to furnish the court every two years until the child reaches 18 years of age with a social welfare report prepared by a probation officer showing the child's development, accompanied by supporting documentation including photographs, whether the family remains in Uganda or relocates abroad.

Legislation cited (13)

Cases cited (1)

  • Natalie Matama (An Infant) (Adoption Cause No. 289 of 2013)

Full judgment

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In the matter of a petition for adoption of Kansiime Bridget by Benjamin Van Dyke David & Kari Marie David (Adoption Cause 34 of 2020) [2021] UGHCFD 223 (22 March 2021)
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.