Wakilii

In the Matter of the Petition for the Adoption By Rodrigues (Adoption Cause 17 of 2023)

High Court · [2023] UGHCFD 115 · 2023 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for adoption under the Children Act Cap. 59 — foreign national petitioner seeking to adopt Ugandan child
Decision
Adoption order granted — petitioner appointed as 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 the adoption petition by a Portuguese citizen married to the biological mother of a Ugandan child. The court found jurisdiction under section 44(1)(b) of the Children Act, waived the requirement for a recommendation from Portugal's probation officer under exceptional circumstances, and held that adoption was in the child's best interests where the petitioner had resided in Uganda since 2017, met all statutory requirements, and had established a strong bond with the child whose biological father had abandoned him since age four.

Outcome

Adoption order granted — petitioner appointed as adoptive parent with full parental rights and responsibilities

Facts

Rodrigues De Oliveira Sérgio Licurgo, a 45-year-old Portuguese citizen employed in Uganda, petitioned to adopt Oliveira Charles Taylor, a 12-year-old Ugandan child. The petitioner married the child's biological mother, Saidia Shamim Perry Oliveira, in Uganda in 2017 and has resided in Uganda since then. The child's biological father, Kawooya Sindani John, abandoned the child at age four and has not been involved in his life since. The petitioner has provided for all the child's needs including education since 2017 and gave the child his surname. The biological father consented to the adoption. A probation officer assessed the petitioner from March 2021, found him suitable, and recommended the adoption. The Alternative Care Panel also recommended approval on 30-31 March 2023. The petitioner holds a certificate of good conduct, earns UGX 13,122,740 monthly, and has established a strong bond with the child.

Issues

  1. Whether this court has jurisdiction to entertain this petition?
  2. Whether the petitioner qualifies to be appointed the adoptive parent of the child Oliveira Charles Taylor?
  3. Whether the petition is in the best interest of the child?

Orders

  • Rodrigues De Oliveira Sérgio Licurgo is hereby appointed the adoptive parent of Oliveira Charles Taylor.
  • The child Oliveira Charles Taylor is hereby declared the adopted child of Rodrigues De Oliveira Sérgio Licurgo and the relationship of parent and child is hereby established with all rights and privileges incident therefore 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 Rodrigues De Oliveira Sérgio Licurgo reflecting the parental relationship hereby established.
  • The Petitioner Rodrigues De Oliveira Sérgio Licurgo and Saida Shamim Perry Oliveira shall have care, custody and control of Oliveira Charles Taylor and shall be responsible for his education, maintenance, protection and support; provided that the child, if he wishes, shall have the right and shall be facilitated by the petitioner to see and or communicate with his biological father.
  • The adoption order shall be furnished to the consular department of the ministry of foreign affairs.
  • The costs of this petition shall be borne by the petitioner.

Rules and key headnotes

Family Law — Adoption — Jurisdiction — Foreign National Petitioner
Under section 44(1)(b) of the Children Act Cap. 59, the High Court has jurisdiction to determine an adoption application where the child or the applicant is not a citizen of Uganda.
Family Law — Adoption — Foreign Petitioner — Waiver of Requirements
Section 46(4) of the Children Act permits waiver of the requirement for a recommendation from the petitioner's home country probation officer under exceptional circumstances. Where the petitioner is married to the child's biological mother, has resided in Uganda for more than 12 months, has been providing for the child, and the Ugandan probation officer has assessed suitability over 12 months, the home country cannot give a more comprehensive report than the local probation officer, and waiver is justified.
Family Law — Adoption — Foster Care Requirement — Step-Parent Adoption
The statutory requirement under section 46 of the Children Act that a foreign petitioner foster the child for at least one year under probation officer supervision does not apply where the petitioner is married to the child's biological mother and is therefore a relative. A step-parent is a relative and the law does not require such a person to foster the child in the formal sense.
Family Law — Adoption — Best Interests of the Child — Paramount Consideration
Under section 3 of the Children Act and section 48, the welfare and best interests of the child are of paramount consideration in determining whether to grant an adoption order. The court must consider the child's age and understanding, the child's physical, emotional and educational needs, the likely effects of any change in circumstances, and the capacity of the proposed adoptive parent to meet the child's needs.
Family Law — Adoption — Child's Right to Know Biological Parent
Even where an adoption order is granted, the child's constitutional right under article 34 of the Constitution to know his biological father must be protected. The adoptive parent shall not hinder the child from seeing or communicating with the biological father whenever the child wishes.
Administrative Law — Alternative Care Panel — Role in Adoption
High Court Administrative Circular No. 2 of 2020, Circular Instruction No. 2(5), requires the court to take into consideration the report of the Alternative Care Panel before granting any adoption order where the petitioner is non-Ugandan.
Statutory Interpretation — Adoption Statute — Age and Relationship Requirements
Section 45(1)(a) of the Children Act requires that an adoption applicant must have attained the age of 25 years and be at least 21 years older than the child. These are mandatory requirements that must be satisfied before an adoption order can be granted.

Legislation cited (12)

Cases cited (5)

  • In Re Edison Mugaga (Adoption Cause No. 15 of 2019)
  • In Re Hassan Kaaya (Family Cause No. 2 of 2018)
  • In Re Mark Siduda Trevor (Family Cause No. 213 of 2014)
  • Deborah Joyce Alitubeera (Civil Appeal No. 70 of 2011)
  • In Re M (Supreme Court Civil Appeal No. 22 of 2004)

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 for the Adoption By Rodrigues (Adoption Cause 17 of 2023) [2023] UGHCFD 115 (10 October 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.