Wakilii

In the matter of an application for adoption by Nassiwa Martin Marie Solome and John Jossy Lubowa (Adoption Cause No. 4 of 2025)

High Court · [2026] UGHCFD 2 · 2026 Application 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 order granted; petitioners appointed adoptive parents with full parental rights and responsibilities

Observed later treatment

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Holding

The High Court granted an adoption order to dual Ugandan-British citizens who had fostered the child for ten years. The court held that it had jurisdiction under section 86(1)(b) of the Children Act where applicants are not solely Ugandan citizens. The petitioners satisfied all statutory requirements including age, spousal consent, fostering period, parental consent, criminal record clearance, financial capacity, and probation officer recommendation. The court found the adoption to be in the child's best interests, noting the biological mother's consent and inability to care for the child, the child's own consent at age seventeen, and the petitioners' decade-long provision of stability, education, and care.

Outcome

Adoption order granted; petitioners appointed adoptive parents with full parental rights and responsibilities

Facts

The petitioners, a married couple holding dual Ugandan-British citizenship, sought to adopt Ssesanga Rodney Mathew, aged 17. The first petitioner is the child's maternal aunt. The child's biological mother, Nabisere Yvonne, handed the child to the petitioners in 2015 when she relocated to Egypt for work. The child's father is deceased. The petitioners have cared for the child continuously since 2015, providing for his education at Namilyango College and all his needs. The first petitioner works as Finance Director at Baylor College of Medicine Children's Foundation Uganda; the second petitioner works in the United Kingdom as a machine operator. The petitioners have three biological children residing with them and the child in Uganda. The biological mother consented to the adoption. The child, being over 14 years of age, also consented. The National Alternative Care Panel recommended the adoption proceed. The British High Commission confirmed that Scotland, where the petitioners reside in the UK, would recognize the adoption order.

Issues

  1. Whether the court has jurisdiction to entertain the adoption application where the petitioners hold dual citizenship.
  2. Whether the petitioners qualify to adopt the child under the Children Act.
  3. Whether the adoption petition is in the best interests of the child.

Orders

  • Nassiwa Martin Marie Solome and John Jossy Lubowa are appointed the adoptive parents of Ssesanga Rodney Mathew.
  • Ssesanga Rodney Mathew is declared the adopted child of Nassiwa Martin Marie Solome and John Jossy Lubowa with all rights and privileges including inheritance.
  • The Registrar General of Births and Deaths is directed to make an entry in the adopted children's register and issue a certificate reflecting the parental relationship.
  • The petitioners shall have exclusive care, custody, and control of Ssesanga Rodney Mathew and shall be responsible for his education, maintenance, protection, and support.
  • The adoption order shall be furnished to the Consular Department of the Ministry of Foreign Affairs.
  • Costs of the petition to be borne by the petitioners.

Rules and key headnotes

Adoption — Jurisdiction — Dual Citizenship of Applicants
The High Court has jurisdiction under section 86(1)(b) of the Children Act to entertain an adoption application where the applicants hold dual citizenship (Ugandan and foreign) and are not solely Ugandan citizens.
Adoption — Fostering Requirement — Relatives Exempted
A petitioner who is a biological relative of the child is not required to foster the child under section 72(2) of the Children Act, but where fostering has occurred for a period exceeding the mandatory twelve months under section 87(4), the requirement is satisfied.
Adoption — Best Interests of the Child — Paramount Consideration
In determining whether to grant an adoption order, the welfare and best interests of the child are of paramount consideration under section 3 of the Children Act, requiring the court to consider the child's wishes (where the child is capable of understanding), physical and emotional needs, likely effects of changed circumstances, and the capacity of prospective adoptive parents to meet the child's needs.
Adoption — Child's Consent — Children Aged Fourteen and Above
Where a child is at least fourteen years of age, the child's consent to adoption must be obtained under section 90(6) of the Children Act unless it is impossible for the child to express his or her wishes.
Adoption — Inter-Country Adoption — Recognition by Foreign Jurisdiction
In inter-country adoption cases, the court must be satisfied that the applicant's country of origin will respect and recognize the adoption order, as required by section 88 of the Children Act.

Legislation cited (18)

Cases cited (3)

  • Ayat Joy v Genevieve Chenekan Obonyo & Anor (High Court Adoption Cause No. 52 of 2002)
  • Joyce Deborah Alitubeera (Court of Appeal Civil Appeal No. 70 of 2011)
  • Richard Masaba (Court of Appeal No. 81 of 2011)

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 application for adoption by Nassiwa Martin Marie Solome and John Jossy Lubowa (Adoption Cause No. 4 of 2025) [2026] UGHCFD 2 (27 January 2026)
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.