Wakilii

In the matter of an Adoption of a child by Giannopoulous and Laoulakos (Adoption Cause 23 of 2023)

High Court · [2023] UGHCFD 144 · 2023 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Intercountry adoption petition filed by Greek nationals seeking adoption of abandoned Ugandan child
Decision
Adoption granted; child adopted by Greek nationals with name changed to Lasonas Laoulakos

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Holding

The High Court granted an intercountry adoption petition by Greek nationals seeking to adopt an abandoned Ugandan child. The court held it had jurisdiction under s.44(1)(b) of the Children Act because the petitioners were non-citizens. The petitioners satisfied all statutory requirements including the one-year residence and fostering period under s.46. The adoption was found to be in the child's best interest given his abandonment, medical needs requiring specialist treatment in Greece, and the absence of any other suitable caregivers.

Outcome

Adoption granted; child adopted by Greek nationals with name changed to Lasonas Laoulakos

Facts

Tamale Abdul, a male Ugandan child, was abandoned at approximately 2 months old at Mazikit Mariam Mosque in Wakiso District. Good Samaritans found him and reported to police, after which he was placed in Chrystal Children's Centre. Despite newspaper advertisements seeking the biological parents, no one came forward. The child was diagnosed with Klinefelter Syndrome requiring specialist medical intervention. Greek nationals Giannopoulou Anthi (aged 39) and Laoulakos Kyriakos (aged 37), a married couple, arrived in Uganda in June 2022 and began fostering the child on 29 June 2022. They provided care, met all the child's needs, and bonded with him over the one-year fostering period. The petitioners are financially stable—the first petitioner is an educationist and the second a businessman owning a café in Greece.

Issues

  1. Whether the High Court has jurisdiction to entertain this intercountry adoption matter
  2. Whether the petitioners are suitable to be declared the adoptive parents of the child
  3. Whether the petition is in the best interest of the child

Orders

  • The petitioners Giannopoulou Anthi and Laoulakos Kyriakos are hereby appointed the adoptive parents of the child Tamale Abdul.
  • The parental rights of all others in respect to the child Tamale Abdul not previously terminated are hereby terminated.
  • The petitioners shall have exclusive care, custody and control of the child Tamale Abdul free from claims or hindrances of all others, and shall be held responsible for his maintenance, education and support.
  • The name of the child Tamale Abdul appearing on his birth certificate shall be changed to Lasonas Laoulakos.
  • The Registrar General of Births and Deaths is hereby directed to make an entry recording this adoption in the Adoption Children Register.
  • This Adoption Order shall be furnished to Consular Department in the Ministry of Foreign Affairs.
  • Costs of this petition shall be met by the petitioners.

Rules and key headnotes

Adoption — Intercountry Adoption — Jurisdiction
Where either the child or the applicant is not a citizen of Uganda, jurisdiction to hear adoption applications lies with the High Court of Uganda pursuant to s.44(1)(b) of the Children Act Cap. 59.
Adoption — Intercountry Adoption — Statutory Requirements
A non-citizen may adopt a Ugandan child in exceptional circumstances if the applicant has 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, has no criminal record, has a recommendation of suitability from their country's competent authority, and satisfies the court that their country of origin will recognize the adoption order, per s.46 of the Children Act.
Adoption — Parental Consent — Dispensation
The court may dispense with parental consent to adoption under s.47(2) of the Children Act where the parents are incapable of giving consent, including where the child has been abandoned and the parents cannot be found despite reasonable efforts including newspaper advertisements.
Adoption — Best Interests of the Child — Welfare Principle
The welfare of the child is of paramount consideration in all adoption matters under s.3 of the Children Act. Welfare must be considered in the widest sense including moral, religious, physical wellbeing, and ties of affection, not merely financial or physical comfort.
Adoption — Intercountry Adoption — Last Resort Principle
Intercountry adoption is the last option available to orphaned, abandoned or legally relinquished children along a continuum of comprehensive child welfare services, per s.46(6) of the Children Act. The court must be satisfied that no suitable domestic placement is available.

Legislation cited (16)

Cases cited (3)

  • Re Mcgrath (infants) [1893] Ch 143
  • Nakaggwa v Kigundu (1978) HCB 310
  • Ayat Joy v Genevive Chenekan Obonyo & Another (Adoption Cause No. 52 of 2002)

Full judgment

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

In the matter of an Adoption of a child by Giannopoulous and Laoulakos (Adoption Cause 23 of 2023) [2023] UGHCFD 144 (18 July 2023)
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.