Wakilii

in The Matter of An Application For Adoption by Basaba and Another (Adoption Cause 22 of 2023)

High Court · [2023] UGHCFD 107 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for inter-country adoption under the Children Act
Decision
Adoption order granted; parental rights of biological parents terminated; adoptive relationship established with full legal rights including inheritance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an inter-country adoption order to Anthony Mark Basaba (dual Ugandan-American citizen) and Mary Elizabeth Basaba (American citizen) for Walugembe Solomon Isaiah, a 13-year-old Ugandan child. The court held that it had jurisdiction under section 44(1)(b) of the Children Act, the petitioners satisfied all statutory requirements for inter-country adoption including residency, fostering period, criminal clearance, and home study assessment, and the adoption was in the child's best interests given he had lived with the family since 2017, formed strong bonds, and his biological parents consented due to inability to care for him.

Outcome

Adoption order granted; parental rights of biological parents terminated; adoptive relationship established with full legal rights including inheritance

Facts

Walugembe Solomon Isaiah was born on 6 October 2010 to Nanyanzi Florence and Kasalirwe Edward in Luweero District. His mother was an alcoholic who abandoned him, leaving him in the care of his sister Harriet. When Harriet returned to school in 2017, the child was taken in by the petitioners Anthony Mark Basaba (dual Ugandan-American citizen) and Mary Elizabeth Basaba (American citizen), who are missionaries with Sufficiency of Scripture Ministries. The child had lived with the petitioners since 2017, attending Magezi Christian Academy and forming close bonds with their biological and adopted children. The biological parents consented to the adoption, stating they were unable to care for the child financially. The petitioners formally fostered the child from 6 June 2018 and were approved by the Alternative Care Panel in September 2020 and March 2023. They reside in Kubamitwe, Luweero District, Uganda, where the petitioner earns USD 2,200 monthly with additional savings, land, retirement funds, and life insurance.

Issues

  1. Whether this court has the jurisdiction to entertain the matter?
  2. Whether the Petitioners are suitable to be declared the adoptive parents of the child?
  3. Whether this petition is in the best interest of the child?
  4. Whether the child's name can be changed upon full adoption?

Orders

  • The Petitioners Anthony Mark Basaba and Mary Elizabeth Basaba are hereby appointed the adoptive parents of the child Walugembe Solomon Isaiah.
  • The child Walugembe Solomon Isaiah is hereby declared the adopted child of Anthony Mark Basaba and Mary Elizabeth Basaba and the relationship of parent(s) and child is hereby established with all rights and privileges incidental thereto including the right of inheritance.
  • The parental rights of all others in respect to the child Walugembe Solomon Isaiah not previously terminated, are hereby terminated.
  • The Petitioners Anthony Mark Basaba and Mary Elizabeth Basaba shall have exclusive care, custody and control of the child, Walugembe Solomon Isaiah free from claims or hindrances of all others, and shall be held responsible for his maintenance, education and support.
  • The Petitioners are hereby allowed to change the child's name upon obtaining the Adoption Order.
  • The Registrar General of Births and Deaths is hereby directed to make an entry recording this adoption in the Adopted Children Register and issue a Certificate in favour of Anthony Mark Basaba and Mary Elizabeth Basaba in respect of Walugembe Solomon Isaiah reflecting the names and parental relationship established herein.
  • 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 — Inter-Country Adoption — Jurisdiction
Where either the child or the applicant is not a citizen of Uganda, the application for adoption must be made to the High Court of Uganda under section 44(1)(b) of the Children Act Cap. 59.
Adoption — Inter-Country Adoption — Statutory Requirements
A person who is not a citizen of Uganda may in exceptional circumstances adopt a Ugandan child 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, have no criminal record, and have a home study recommendation under section 46 of the Children Act.
Adoption — Best Interests of the Child — Paramount Consideration
In determining an adoption application, the court's paramount consideration is the welfare of the child in the widest sense, including the child's moral, religious, physical wellbeing, and ties of affection, with the interests of all other parties coming secondary to those of the child.
Adoption — Parental Consent — Requirement
The consent of the biological parents of the child, if known, is necessary for an adoption order to be made under section 47(1) of the Children Act, but such consent may be revoked at any time before pronouncement of the adoption order.
Adoption — Change of Name — Right of Adoptive Parents
Upon grant of an adoption order, adoptive parents have the right to change the child's name, as adoption creates a parent-child relationship and every parent has the right to name their children, which solidifies the child's sense of belonging in the adoptive home.

Legislation cited (19)

Cases cited (2)

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

Full judgment

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in The Matter of An Application For Adoption by Basaba and Another (Adoption Cause 22 of 2023) [2023] UGHCFD 107 (17 November 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.