In the Matter of a petition for an adoption order by Otim and Otim (Adoption Cause 41 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the adoption petition. The court found that both petitioners were suitable adoptive parents: they were married, financially stable, held legal guardianship since 2014, and had fostered the children for over eight years. The children, who were both abandoned as infants and never claimed despite extensive tracing, considered the petitioners their parents. The court held that granting the adoption was in the children's best interests under the welfare principle in the Children Act and the UN Convention on the Rights of the Child.

Outcome

Adoption orders granted for both children; petitioners appointed as adoptive parents with full parental rights and responsibilities; biological parental rights terminated.

Facts

Two children, Devin Beau Joe Otim and Brechje Amalia Philippa Otim, were abandoned as infants in 2011 and 2012 respectively. Devin was found on the veranda of Rubaga Cathedral and Brechje was rescued from a pit latrine in Mukono District. Both were taken to Malaika Babies Home. The petitioners, a married couple (Ugandan husband and Dutch wife), met the children at the babies home and fostered them from 2011 and 2012 respectively under probation supervision. The petitioners obtained legal guardianship in 2014. Extensive tracing through media over several years failed to locate any biological parents or relatives. The petitioners had three biological children and worked for an NGO caring for vulnerable children. Both children lived with the petitioners for over eight years and regarded them as their parents. The probation officer recommended the adoption.

Issues

1. Whether the petitioners are fit and proper persons to be appointed adoptive parents.
2. Whether it is in the best interests of the children that an adoption order be made.

Orders

• Otim Zenon Joel and Otim Suzan Den Hertog are appointed the adoptive parents of Devin Beau Joe Otim.
• Otim Zenon Joel and Otim Suzan Den Hertog are appointed the adoptive parents of Brechje Amalia Philippa Otim.
• Devin Beau Joe Otim is hereby declared the adopted child of Otim Zenon Joel and Otim Suzan Den Hertog and the relationship of parent and child is hereby established with all rights and privileges incident thereto including the right of inheritance.
• Brechje Amalia Philippa Otim is hereby declared the adopted child of Otim Zenon Joel and Otim Suzan Den Hertog and the relationship of parent and child is hereby established with all rights and privileges incident thereto including the right of inheritance.
• The parental rights of all others with respect to Devin Beau Joe Otim not previously terminated are hereby terminated.
• The parental rights of all others with respect to Brechje Amalia Philippa Otim not previously terminated are hereby terminated.
• 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 Otim Zenon Joel and Otim Suzan Den Hertog reflecting the parental relationships established herein.
• Otim Zenon Joel and Otim Suzan Den Hertog shall have exclusive care, custody and control of Devin Beau Joe Otim free from claims or hindrances of all others and shall be responsible for his education, maintenance, protection and support.
• Otim Zenon Joel and Otim Suzan Den Hertog shall have exclusive care, custody and control of Brechje Amalia Philippa Otim free from claims or hindrances of all others and shall be responsible for her education, maintenance, protection and support.
• The Petitioners shall have the right to live with the children wherever they may be to fulfil their parental duties.
• The adoption order in respect of Devin Beau Joe Otim shall be furnished to the consular department of the ministry of foreign affairs.
• The adoption order in respect of Brechje Amalia Philippa Otim 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

Legislation cited (13)

• Constitution of Uganda Article 126
• Children Act Cap 59 s.3(1)
• Children Act Cap 59 s.3(3)
• Children Act Cap 59 s.44(1)(b)
• Children Act Cap 59 s.45
• Children Act Cap 59 s.46
• Children Act Cap 59 s.46(1)
• Children Act Cap 59 s.46(1)(d)
• Children Act Cap 59 s.47
• Children (Adoption of Children) Rules Rule 3(1)
• Children (Adoption of Children) Rules Rule 4
• Children (Adoption of Children) Rules Rule 7
• Civil Procedure Act s.99

Cases cited (5)

• In the matter of Deborah Joyce Alitubeera & Richard Masaaba (Court of Appeal No. 70 of 2011)
• Re M (an Infant) (Supreme Court Criminal Appeal No. 22 of 1994)
• David Twesigye (an Infant) (High Court Miscellaneous Application No. 4 of 2008)
• In the matter of N.B (an infant) By K (Family Court Guardianship Application No. 1 of 2020)
• Re Maria Naluggya [1997] iv KALR

The original judgment as reported. Read the original PDF before relying on any passage.