In the matter of an application for adoption by Tamburo Micheal Renzi and Gloria Raphael Tamania (Adoption No. 37 of 2025)
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 South Sudanese nationals who had fostered an abandoned Ugandan child for over one year. The court held that all statutory requirements under the Children Act were satisfied, including the fostering period, age requirements, spousal consent, criminal clearance, financial capacity, and recommendation from the petitioners' country. The adoption was found to be in the best interests of the child, who had been abandoned in infancy with no traceable biological parents.
Outcome
Adoption order granted; petitioners appointed adoptive parents with full parental rights and responsibilities
Facts
Mulungi Mathew, a male child, was abandoned at approximately two years of age on 15 June 2021 at Kigwanya zone in Busega by an unknown person. He was found by Aisha Kusasira with a polythene bag containing clothes and a piece of paper with a telephone number that was off when called. The matter was reported to Nateete police station and the child was referred to Teresa Children's Home for care and protection. Extensive tracing efforts including newspaper adverts, radio announcements, and community notices failed to locate the child's biological parents or relatives. The petitioners, Tamburo Micheal Renzi and Gloria Raphael Tamania, South Sudanese nationals married since 2009 and resident in Uganda since 2016, were approved by the National Alternative Care Panel and received the child for fostering on 13 June 2023 under a care order. They fostered the child for over one year under supervision of the Probation and Social Welfare Officer of Wakiso District, providing for his education, medical care, and all basic needs.
Issues
- Whether this court has the power to entertain this matter.
- Whether the petitioners qualify to adopt the child.
- Whether the petition is in the best interest of the child.
Orders
- Tamburo Micheal Renzi and Gloria Raphael Tamania are hereby appointed the adoptive parents of Mulungi Mathew.
- Mulungi Mathew is hereby declared the adopted child of Tamburo Micheal Renzi and Gloria Raphael Tamania and the relationship of parent and child is hereby established with all rights and privileges incidental thereto, including the right of inheritance.
- 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 Tamburo Micheal Renzi and Gloria Raphael Tamania reflecting the parental relationship hereby established.
- The Petitioners, Tamburo Micheal Renzi and Gloria Raphael Tamania, shall have exclusive care, custody, and control of Mulungi Mathew and shall be responsible for his education, maintenance, protection, and support.
- The adoption order shall be furnished to the Consular Department of Ministry of Foreign Affairs.
- The costs of this petition shall be borne by the petitioner.
Rules and key headnotes
Legislation cited (21)
- Constitution of the Republic of Uganda Article 31(4)
- Constitution of the Republic of Uganda Article 34(1)
- Constitution of the Republic of Uganda Article 34(7)
- Children Act Cap. 62 s.1
- Children Act Cap. 62 s.3
- Children Act Cap. 62 s.3(3)
- Children Act Cap. 62 s.4
- Children Act Cap. 62 s.5(1)
- Children Act Cap. 62 s.44(1)(b)
- Children Act Cap. 62 s.45(1)
- Children Act Cap. 62 s.47
- Children Act Cap. 62 s.72(2)
- Children Act Cap. 62 s.86(1)(b)
- Children Act Cap. 62 s.87(1)(a)
- Children Act Cap. 62 s.87(4)
- Children Act Cap. 62 s.88
- Children Act Cap. 62 s.90(5)
- Children Act Cap. 62 s.90(6)
- Civil Procedure Act s.98
- Judicature Act s.37
- Children (Adoption of Children) Rules r.3
Cases cited (5)
- In the matter of Dawn Pitman and Dustin Pitman (HCMA No. 0004 of 2008)
- Hon. Chigamoy Owiny Dollo and In the matter of David Twesigye (an infant)
- Ayat Joy v Genevieve Chenekan Obonyo & Anor (High Court Adoption Cause No. 52 of 2002)
- Joyce Deborah Alitubeera (CACA No. 70 of 2011)
- Richard Masaba (CA No. 81 of 2011)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.