Wakilii

Re In The Matter Of Racheal Miriam Nasasira (Family Cause No.116 Of 2010) (Family Cause No.116 of 2010)

High Court · [2010] UGHC 72 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for guardianship order under Constitution Article 139(1), Judicature Act s.14, and Children Act ss.2-5
Decision
Legal guardianship granted; applicants permitted to migrate with the child to the United States of America

Observed later treatment

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Holding

The High Court granted legal guardianship to American citizen applicants over an abandoned infant under the Children Act. The court held that guardianship was in the child's best interests where the child's parents could not be traced despite advertisement, the applicants were found suitable by both Ugandan and US authorities, and the child had a right under Article 34(1) of the Constitution to be cared for by guardians capable of providing proper upbringing.

Outcome

Legal guardianship granted; applicants permitted to migrate with the child to the United States of America

Facts

Rachael Miriam Nasasira was born on 14 August 2009 at Mbarara Regional Referral Hospital to Nasasira Rachael. The child was abandoned and efforts to trace the parents through newspaper advertisement in the Monitor on 1 February 2010 proved futile. The child was committed to the care of Loving Hearts Babies Home. The applicants, Mathew Brent Wilson and Michelle McBenge Wilson, are married American citizens residing in Alabama. Mathew is employed as a Pastor and Michelle as a Library Media Specialist. They have one biological child aged 3 years. They learned of the infant from the Director of Loving Hearts and wished to provide guardianship. Life Line Children Services in Alabama conducted a home study and found them fit to be adoptive parents. Both applicants hold university degrees and have no criminal records or health impairments.

Issues

  1. Whether the application is for the welfare and best interest of the child.
  2. Whether the applicants are suitable guardians for the child.
  3. Whether the child should migrate with the applicants to the USA.

Orders

  • The applicants, Mathew Brent Wilson and Michelle McBenge Wilson, are appointed the legal guardians of the child, Rachael Miriam Nasasira.
  • The applicants are directed to register the order with the Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
  • The applicants are directed to register the order with the United States Embassy in Kampala and the Ugandan Embassy in Washington.
  • The applicants are directed to obtain a Ugandan passport for the child and to renew it from time to time as required by law.
  • The applicants are permitted to travel out of Uganda with the child.
  • The applicants are permitted to adopt the child in the USA.
  • The applicants are directed to file a report once every year regarding the state of the welfare and development of the child with the Registrar, Family Division High Court Kampala, until the child is 18 years of age or until directed otherwise.
  • The court makes no order as to costs.

Rules and key headnotes

Guardianship — Best Interests of the Child — Abandoned Infant
A guardianship order will be granted where it is in the welfare and best interests of the child, particularly where the child has been abandoned, efforts to trace parents have failed, and institutional care is only a transitory measure under the Children Act s.58.
Guardianship — Suitability of Guardians — Assessment Criteria
Prospective guardians will be found suitable where they are of good character with no criminal record, financially stable with verified employment and education, possess home study approval from recognized welfare authorities, are free from diseases or impairments that could endanger the child, have not given or received money in respect of the guardianship, and can integrate the child into an existing family unit.
Children's Rights — Right to Parental Care — Constitution Article 34(1)
Under Article 34(1) of the Constitution and s.4(1) of the Children Act, a child has a right to know and be cared for by parents or guardians entitled by law to bring them up, and it is the child's right to migrate with appointed guardians so they can exercise that care.
High Court Jurisdiction — Guardianship Orders — Registration Requirements
Where the High Court grants a guardianship order permitting migration, it may impose conditions including registration of the order with the Uganda Registration Services Bureau, relevant embassies, obtaining a passport for the child, and filing annual welfare reports until the child reaches majority.

Legislation cited (10)

Full judgment

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Re_In The Matter Of Racheal Miriam Nasasira (Family Cause No.116 Of 2010) (Family Cause No.116 of 2010) [2010] UGHC 72 (1 October 2010)
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.