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In the matter of Kisakye Hannah ( infant) & A petition for an Adoption by ElkinsAshley (Adoption Cause No. 028 of 2018)

High Court · [2019] UGHC 18 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for inter-country adoption under the Children Act and Children (Amendment) Act 2016
Decision
Adoption order granted; petitioner authorised to travel with the child to the United States of America or other country of residence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted an adoption order to a non-citizen petitioner under section 46 of the Children (Amendment) Act 2016, finding exceptional circumstances existed. The child had been abandoned at birth by a mother of unsound mind, with no able or willing relatives. The petitioner, who had fostered the child for over three years, met all statutory requirements for inter-country adoption and demonstrated suitability. The court applied the paramount welfare principle, concluding that formalising the adoption served the child's best interests.

Outcome

Adoption order granted; petitioner authorised to travel with the child to the United States of America or other country of residence

Facts

Ashley Renee Elkins, a 36-year-old unmarried US citizen working as a registered nurse in Uganda, petitioned to adopt Kisakye Hannah Noel. The child was born on 9 December 2015 to Namususwa Jalia, a woman of unsound mind who rejected and attempted to harm the child. The child was placed in Arise Africa International Babies Home one day after birth. The petitioner collected the child from the health centre and provided her medical care. On 24 October 2016, the child was placed with the petitioner under a fostering arrangement supervised by the Probation Officer. The child's biological father is unknown. Her maternal relatives, including her grandmother and great uncle, consented to the adoption, stating they were unable to care for her due to poverty and existing responsibilities. The petitioner had resided in Uganda for six years and fostered the child for nearly three years at the time of the petition.

Issues

  1. Whether the petitioner qualifies to be an adoptive parent under the conditions for inter-country adoption in the Children (Amendment) Act 2016.
  2. Whether the application is in the best interests of the child.
  3. Whether the petitioner is a suitable candidate for adoption of this child.

Orders

  • The petitioner ELKINS ASHLEY RENEE is granted an order of adoption in respect of the child KISAKYE HANNAH NOEL.
  • The petitioner may travel with the child to the United States of America or any other country that she may choose as residence, in order to fulfill her obligations as an adoptive parent.
  • The Registrar of Births and Deaths shall make an entry recording this adoption order in the Adopted Children Register.
  • This adoption order shall be furnished to the consular department in the Ministry of Foreign Affairs at Kampala and at the Ministry of Gender, Labour and Social Development in Kampala.
  • The petitioner shall meet the costs of this application.

Rules and key headnotes

Adoption — Inter-country Adoption — Welfare of the Child as Paramount Consideration
Under section 3(1) of the Children (Amendment) Act 2016, the welfare of the child shall be of paramount consideration whenever a court determines any question in respect to the upbringing of a child, and this principle must be applied before any consideration is made to allow an adoption.
Adoption — Inter-country Adoption — Requirements for Non-Citizens
A person who is not a citizen of Uganda may adopt a Ugandan child only in exceptional circumstances if they fulfill the conditions under section 46(1) of the Children (Amendment) Act 2016, including having stayed in Uganda for at least one year, having fostered the child for at least one year under supervision, having no criminal record, having a recommendation from their home country, and satisfying the court that their country of origin will respect and recognise the adoption order.
Adoption — Exceptional Circumstances — Meaning
Exceptional circumstances for inter-country adoption amount to unusual, extraordinary or not-typical circumstances surrounding the upbringing or commonly associated with the upbringing of a child, and the determination is dependent on the circumstances of each individual case.
Adoption — Best Interests of the Child — Factors to Consider
In determining whether an adoption is in the best interests of the child under section 3(3) of the Children (Amendment) Act 2016, the court must have regard to the ascertainable wishes and feelings of the child, the child's physical, emotional and educational needs, the child's age, sex, background and other relevant circumstances, any harm suffered or at risk of suffering, and the capacity of the child's parents or guardians to meet the child's needs.
Adoption — Inter-country Adoption — Last Resort Principle
Under sections 46(6) and (7) of the Children (Amendment) Act 2016, adoption should be the last recourse for children, and the court is required to consider a continuum of comprehensive child welfare services before permitting international adoption, including family preservation, kinship care, foster care or institutionalisation.

Legislation cited (12)

Cases cited (5)

  • Payne v Payne (2001) EWCA 166
  • B v B (1940) CH 54
  • Deborah Alitubeera (Civil Appeal No. 70 of 2011)
  • Re AM (Adoption Cause No. 12 of 2017)
  • Re Nyangoma Veneranda and Kato John Mary (HCT-00-FD-FC-0198-2008)

Full judgment

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

In the matter of Kisakye Hannah ( infant) & A petition for an Adoption by ElkinsAshley (Adoption Cause No. 028 of 2018) [2019] UGHC 18 (22 August 2019)
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.