Wakilii

In the Matter of An application for adoption orders by Birungi and Another (Miscellaneous Application No. 11 of 1992)

High Court · [1993] UGHC 96 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance adoption petition under the Adoption of Children Act
Decision
Adoption order granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an adoption order was granted in favour of the petitioner. The court found that the petitioner, aged 38, was at least 21 years older than the infant (aged 12) and was the infant's aunt, satisfying section 4(1). The court was satisfied that parental consent could not be obtained because the father was deceased and the mother's whereabouts were unknown, and that the adoption would be for the infant's welfare given the petitioner's means and existing care arrangements.

Outcome

Adoption order granted

Facts

Victoria Birungi, a married woman separated from her husband, petitioned to adopt Richard K. Kirungi, a 12-year-old infant. The petitioner was aged 38. Richard was the son of the petitioner's brother Peter Byaruhanga, who died on 15 April 1992 in England. Before his death, Peter had custody of the infant. Richard's mother had abandoned him when he was 2 years old, never contributed to his support, and her whereabouts were unknown. Richard had been living with the petitioner and her son Ivan at Makerere, Kampala. The petitioner was a stenographer/secretary with means to maintain, educate and care for the infant. Richard was not entitled to any property at the time of the petition.

Issues

  1. Whether the petitioner satisfied the statutory requirements for an adoption order under sections 4 and 5 of the Adoption of Children Act Cap. 216.

Orders

  • The infant Richard K. Kirungi be adopted by the petitioner Victoria Birungi.

Rules and key headnotes

Adoption — Age and Relationship Requirements — Section 4(1) of Adoption of Children Act
An adoption order may be made in favour of an applicant who has attained the age of 21 years and is at least 21 years older than the infant, or who is a relative of the infant.
Adoption — Parental Consent — Inability to Obtain Consent
Where the father of an infant is deceased and the mother's whereabouts are unknown such that consent cannot be obtained, the court may proceed to grant an adoption order where the other statutory requirements are satisfied.
Adoption — Welfare of the Infant — Applicant's Means and Existing Care
In determining whether an adoption order will be for the welfare of the infant under section 5 of the Adoption of Children Act, the court may consider whether the applicant has the means to maintain and educate the infant and whether the infant has been living with and is cared for by the applicant.

Legislation cited (2)

  • Adoption of Children Act Cap. 216 s.4(1)
  • Adoption of Children Act Cap. 216 s.5

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 orders by Birungi and Another (Miscellaneous Application No. 11 of 1992) [1993] UGHC 96 (26 February 1993
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.