Wakilii

In the Matter of the Petition by Stoltzfuz for Adoption of a child (Minor) (Adoption Cause 66 of 2022)

High Court · [2023] UGHCFD 125 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Adoption petition by non-Ugandan citizen for Ugandan child under Children Act
Decision
Adoption order granted; petitioner appointed adoptive parent with full parental rights and responsibilities.

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-Ugandan petitioner under section 46 of the Children Act. The court held that jurisdiction was established under section 44(1)(b) where the petitioner is not a Ugandan citizen. The petitioner satisfied all statutory requirements including one year residence in Uganda, one year foster period under supervision, no criminal record, and financial capability. The court found the adoption in the child's best interests where the biological mother had abandoned the child in 2016 and remained untraceable despite advertisements. The adoptive parent was permitted to change the child's name.

Outcome

Adoption order granted; petitioner appointed adoptive parent with full parental rights and responsibilities.

Facts

Sarah Elizabeth Stoltzfus, a 33-year-old American citizen resident in Uganda since 2011, petitioned to adopt Nakivumbi Lovince, a 12-year-old Ugandan child. The child was abandoned by her biological mother Ainembabazi Phiona on 24 December 2016 when the child was approximately 6 years old. The child's biological father and relatives are unknown. After the abandonment, the child was placed with Madrine Nakafuuma who reported the matter to local authorities. The child was subsequently placed with the NGO Kwagala N'Okufaayo Family where the petitioner was volunteering. The petitioner began fostering the child on 15 October 2018 and obtained a care order on 25 January 2022. Despite radio and newspaper advertisements, the biological mother's whereabouts remained unknown. The petitioner enrolled the child at West River Academy in Colorado, United States. The child expressed a preference to remain with the petitioner while maintaining the possibility of visiting her biological mother if she reappeared.

Issues

  1. Whether the High Court has jurisdiction to entertain the adoption petition.
  2. Whether the petitioner is suitable to be declared the adoptive parent of the child.
  3. Whether the petition is in the best interest of the child.
  4. Whether the child's name may be changed.

Orders

  • The petitioner Sarah Elizabeth Stoltzfus is appointed the adoptive parent of the child Nakivumbi Lovince.
  • The child Nakivumbi Lovince is declared the adopted child of Sarah Elizabeth Stoltzfus and the relationship of parent and child is established with all rights and privileges including the right of inheritance.
  • The child shall be given an opportunity to interact with her biological mother if she shows up.
  • The petitioner shall have exclusive care, custody and control of Nakivumbi Lovince free from claims or hindrances of all others and shall be responsible for her education, maintenance, protection and support.
  • The Registrar General of Births and Deaths is directed to make an entry recording this adoption in the Adopted Children Register and to issue a certificate reflecting the names and parental relationship established.
  • The adoptive parent is allowed to give the child a name of her choice.
  • This adoption order shall be furnished to the Consular Department in the Ministry of Foreign Affairs Kampala.
  • The petitioner shall bear the costs of this petition.

Rules and key headnotes

Family Law — Adoption — Jurisdiction — Non-Ugandan Petitioner
The High Court has jurisdiction over adoption petitions under section 44(1)(b) of the Children Act where either the petitioner or the child is not a citizen of Uganda.
Family Law — Adoption — Requirements for Non-Ugandan Adopters
A non-Ugandan citizen may adopt a Ugandan child under section 46 of the Children Act if they have stayed in Uganda for at least one year, fostered the child for at least one year under supervision of a Probation and Social Welfare Officer, have no criminal record, have a recommendation from their country's competent authority, and satisfy the court that their country will respect and recognise the adoption order.
Family Law — Adoption — Waiver of Parental Consent
Under section 47(1) of the Children Act, the consent of a biological parent may be waived where the parent has abandoned the child and their whereabouts remain unknown despite reasonable efforts including public advertisements to locate them.
Family Law — Adoption — Best Interests of the Child
In determining whether an adoption is in the best interests of the child under section 3 of the Children Act, the court must consider the child's ascertainable wishes, physical and emotional needs, the likely effects of any change in circumstances, the child's background, any harm suffered or risk of harm, and the capacity of the proposed adoptive parent to meet the child's needs.
Family Law — Adoption — Change of Name
An adoptive parent has the right to name the adopted child. Section 51 of the Children Act vests parental rights in the adoptive parent as would vest in them if the child had been their natural child, including the right to give the child a name of their choice.

Legislation cited (22)

Cases cited (2)

  • Pulkeria Nakaggwa v Dominico Kiggundu (1978) HCB 310
  • Re Victoria Namutosi (Adoption Cause No. 9 of 2017)

Full judgment

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

In the Matter of the Petition by Stoltzfuz for Adoption of a child (Minor) (Adoption Cause 66 of 2022) [2023] UGHCFD 125 (24 May 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.