Wakilii

In the matter of a petition for adoption of Muwanguzi Jonathan & Kirungi Awesome (Infants) by Kerstin Maria Droll & Benedikt Thomas Droll (Adoption Cause 30 of 2020)

High Court · [2020] UGHCFD 12 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance adoption petition under the Children Act
Decision
Adoption petition granted with name changes approved and administrative directions issued

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court has jurisdiction to hear adoption petitions by non-citizens under s.44(1)(b) of the Children Act. German citizens who resided in Uganda for over one year, fostered the abandoned children for over one year under supervision, had no criminal record, obtained home study reports from German authorities, and demonstrated genuine care and capacity qualified to adopt. The adoption was in the children's best interests given their abandonment, the emotional bond formed during fostering, and the petitioners' financial stability and commitment to maintaining the children's connection to Uganda.

Outcome

Adoption petition granted with name changes approved and administrative directions issued

Facts

Two infants were found abandoned in Kampala in 2015 and 2017 respectively. Muwanguzi Jonathan was found abandoned at three months old in Kisalosalo village on 24 September 2015; Kirungi Awesome was found dumped in a pit latrine in Corner village on 19 March 2017. Police and social workers made extensive efforts to trace their families through posters and newspaper advertisements, all proving futile. Both children were placed in Loving Hearts Babies Home and Care Orders were obtained. The petitioners, a married German couple (a primary school teacher and a mechanical engineer), continuously resided in Uganda from 13 June 2019. They underwent pre-adoption assessments by German and Ugandan authorities, were approved as suitable adoptive parents by the Alternative Care Panel in February 2019, and fostered the children from 13 August 2019 under the supervision of the Probation and Social Welfare Officer of Makindye Division. By the time of the petition, the children had been in their care for over one year and had formed strong emotional bonds with the petitioners and with each other.

Issues

  1. Whether the High Court has jurisdiction to entertain an adoption petition where the applicants are non-citizens of Uganda.
  2. Whether the petitioners qualify to be appointed adoptive parents of the children under the Children Act.
  3. Whether the adoption is in the best interests of the children.

Orders

  • Kerstin Maria Droll and Benedikt Thomas Droll appointed adoptive parents of Muwanguzi Jonathan and Kirungi Awesome.
  • Petitioners allowed to change the children's names from Muwanguzi Jonathan and Kirungi Awesome to Jona Baracka Droll and Samu Ekuma Droll.
  • Registrar General of Births and Deaths directed to record the adoption in the Adopted Children's Register and issue certificates reflecting the parental relationship.
  • Adoption Order to be furnished to the Consular Department in the Ministry of Foreign Affairs.
  • Adoption Order to be furnished to the Permanent Secretary, Ministry of Gender, Labor and Social Development.
  • Costs of the petition to be borne by the petitioners.

Rules and key headnotes

Adoption — Jurisdiction — Inter-country Adoption by Non-Citizens
Under s.44(1)(b) of the Children Act (as amended), the High Court has jurisdiction to hear and determine an application for an adoption order where either the child or the applicant is not a citizen of Uganda, and the Court may grant the application subject to the Act.
Adoption — Non-Citizen Applicants — Statutory Requirements
Non-citizen applicants for adoption of a Ugandan child must satisfy seven statutory conditions: (i) attainment of 25 years of age and being at least 21 years older than the child; (ii) residence in Uganda for at least one year; (iii) fostering the child for at least one year under probation officer supervision; (iv) no criminal record; (v) a recommendation of suitability from their country's competent authority; (vi) satisfaction that their country of origin will respect and recognize the adoption order; and (vii) submission of a probation officer's report to the court.
Adoption — Best Interests of the Child — Welfare Principle
Under s.3(1) of the Children Act, the welfare of the child is the paramount consideration in adoption proceedings. In determining the child's welfare, the court must have regard to: the child's ascertainable wishes and feelings; the child's physical, emotional and educational needs; the likely effects of any change in circumstances; the child's background; any harm suffered or risk of harm; and where relevant, the capacity of the proposed adoptive parents to meet the child's needs.
Adoption — Parental Consent — Dispensation Where Parents Unknown
Under s.47 of the Children Act, the consent of a child's parents is necessary for adoption if the parents are known, but may be dispensed with if the parents are incapable of giving consent. Where a child has been abandoned by unknown persons and extensive efforts to trace the parents have proved futile, the requirement for parental consent is dispensed with on the ground that the parents are incapable of giving consent because they remain unknown.
Adoption — Best Interests Assessment — Emotional Bonds and Continuity of Care
In assessing whether an adoption is in the best interests of a child, the court will consider the emotional bond established between the child and the prospective adoptive parents during the fostering period, the quality of care provided, the child's physical and emotional development under that care, and the likely adverse effects on the child's wellbeing of separating the child from the prospective adoptive parents or from siblings with whom the child has formed a bond.

Legislation cited (10)

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 of Muwanguzi Jonathan & Kirungi Awesome (Infants) by Kerstin Maria Droll & Benedikt Thomas Droll (Adoption Cause 30 of 2020) [2020] UGHCFD 12 (26 February 2020
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.