Wakilii

In the matter of a petition for the adoption by Rybakov Dimitry & Rybakova Iuliia (Adoption Cause 14 of 2024)

High Court · [2024] UGHCFD 64 · 2024 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
Decision
Adoption order granted; petitioners appointed adoptive parents with exclusive care, custody and control of the child; parental rights of all others terminated

Observed later treatment

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Holding

Held that the High Court has jurisdiction under s.86(1)(b) of the Children Act to entertain inter-country adoption petitions where either the child or the applicant is not a citizen of Uganda. The petitioners, Russian Federation citizens, satisfied all statutory requirements including the one-year residency and fostering period under s.88(1)(a) and (b), age requirements under s.87(1)(a), absence of criminal record under s.88(1)(c), and supervision by a probation officer under s.88(1)(b) and s.88(2). The court waived the requirement for a recommendation from the petitioners' country of origin under s.88(1)(d) given their long-term residence in Uganda and missionary work. Applying the welfare principle under s.3(1) and the checklist in s.3(3), the court found that adoption was in the best interests of the abandoned child who had been in the petitioners' care since one week old. The petition was granted.

Outcome

Adoption order granted; petitioners appointed adoptive parents with exclusive care, custody and control of the child; parental rights of all others terminated

Facts

On 15 January 2023, a premature baby girl weighing 1,180 grams was born at Gulu Regional Referral Hospital and immediately abandoned by her biological mother who gave false names and address. The child was placed in the Neonatal Intensive Care Unit (NICU). Police and social welfare authorities made extensive efforts through radio announcements, newspaper adverts and investigations to trace the biological parents, but these efforts proved futile. The petitioners, Russian Federation citizens who had been registered as prospective adoptive parents with Gulu City Probation and Welfare Office, were introduced to the child when she was one week old. The co-petitioner served as a kangaroo mother and induced breast milk to feed the child. On 31 January 2023, the child was placed under the petitioners' foster care by court order under the supervision of the Senior Probation and Welfare Officer. The petitioners, married missionaries who have lived in Uganda since 2021 and have two other children (one biological, one adopted), cared for the child continuously from discharge from NICU. Multiple home visits and assessments by the probation officer confirmed the child's welfare and the petitioners' suitability. The Alternative Care Panel recommended the petitioners for adoption.

Issues

  1. Whether the High Court has jurisdiction to determine the petition for inter-country adoption.
  2. Whether the petitioners qualify to be appointed the adoptive parents of the child.
  3. Whether the petition is in the best interest of the child.

Orders

  • The Petitioners Rybakov Dimitry and Rybakova Iuliia are hereby appointed the adoptive parents of the child Rybakova Olivia Lagum Gloria.
  • The parental rights of all others concerning the child Rybakova Olivia Lagum Gloria not previously terminated are hereby terminated.
  • The Petitioners shall have exclusive care, custody and control of the child Rybakova Olivia Lagum Gloria free from claims or hindrances of all others, and shall be held responsible for her maintenance, education and support.
  • The Petitioners are allowed to change the name of the child to Rybakova Olivia Lagum Gloria if they please.
  • The Petitioners are allowed to travel to and/or reside in the Russian Federation or in any other country of their choice with the child.
  • The Registrar Births and Deaths at the National Identification & Registration Authority (NIRA) is hereby 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 shall be met by the Petitioners.

Rules and key headnotes

Inter-Country Adoption — Jurisdiction — High Court
Under s.86(1)(b) of the Children Act, the High Court has jurisdiction to hear adoption petitions where either the child or the applicant is not a citizen of Uganda, and this jurisdiction derives from s.14(1) of the Judicature Act which confers unlimited original jurisdiction on the High Court.
Citizenship — Abandoned Children — Presumption of Ugandan Citizenship
A child not more than 5 years of age found in Uganda whose parents are not known shall be presumed to be a citizen of Uganda by birth under Article 11(1) of the Constitution, and this presumption applies to an abandoned newborn even where the biological mother's identity is unknown.
Inter-Country Adoption — Statutory Requirements — Residency and Fostering Period
Under s.88(1)(a) and (b) of the Children Act, a non-citizen may adopt a Ugandan child in exceptional circumstances 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, and these requirements must be strictly satisfied.
Inter-Country Adoption — Recommendation from Country of Origin — Waiver
The court may waive the requirement under s.88(1)(d) for a recommendation from the applicant's country of origin probation office where the applicant did not come to Uganda with the intention to adopt, has been living in Uganda for an extended period, and intends to continue residing in Uganda rather than immediately relocating with the child.
Adoption — Welfare Principle — Paramountcy of Child's Interests
Under s.3(1) of the Children Act, the child's welfare is the paramount consideration in any decision concerning the child's upbringing, and this principle takes precedence over the interests of biological parents, adoptive parents, or any other person; the court must apply the welfare checklist in s.3(3) including the child's wishes, physical and emotional needs, likely effects of change in circumstances, background, any harm suffered, and the capacity of those involved to meet the child's needs.
Inter-Country Adoption — Last Resort Principle
Under s.88(6) of the Children Act, inter-country adoption is the last option available to orphaned, abandoned or legally relinquished children; adoption should only be contemplated when nothing else will do and all other options have been exhausted, but where adoption is clearly in the best interests of the child, the court must not shy away from making an adoption order merely to keep the child within their birth country at all costs.
Adoption — Parental Consent — Dispensation
Under s.90(2) of the Children Act, the court may dispense with parental consent to adoption if the parents are incapable of giving consent, and this applies where the child's parents remain unknown despite reasonable efforts to trace them through police investigations, radio and newspaper announcements.

Legislation cited (31)

Cases cited (1)

  • Ayat Joy v Genevive Chenekan Obonyo & Another (Adoption Cause No. 052 of 2002)

Full judgment

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In the matter of a petition for the adoption by Rybakov Dimitry & Rybakova Iuliia (Adoption Cause 14 of 2024) [2024] UGHCFD 64 (14 October 2024)
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.