Wakilii

Re In The Matter Of Salem Mukiibi And Asafu Semakula (Family Cause No.35 Of 2008) (Family Cause No.35 of 2008)

High Court · [2009] UGHC 164 · 2009 Adoption Order Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance petition for adoption order under the Children Act
Decision
Adoption order granted with full parental rights transferred to petitioners

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the petitioners satisfied all statutory requirements for adoption under the Children Act. The second petitioner, though not a Ugandan citizen, met the exceptional circumstances test under section 46(1) as he was married to a Ugandan stepsister of the infants and had fostered the children for four years. The age requirement was fulfilled, parental consent obtained, and no criminal record existed. Adoption order granted with conditions requiring registration and annual welfare reports.

Outcome

Adoption order granted with full parental rights transferred to petitioners

Facts

The petitioners, a married couple (one Ugandan resident in the US, one American citizen), sought to adopt two Ugandan infants aged 14 and 11 years. The first petitioner is the stepsister of the infants, sharing a mother. The infants' mother, Imelda Namutebi, consented to the adoption; their father was deceased. The petitioners had previously been granted a guardianship order by the High Court in 2005 and had fostered the children for four years under supervision of a Probation and Social Welfare Officer. The petitioners have two other children. The second petitioner, aged 61, is an American citizen. The children have been accepted as residents in the United States.

Issues

  1. Whether the petitioners satisfy the age requirements under section 45(1)(a) of the Children Act for joint adoption by spouses.
  2. Whether the fostering period requirement of 36 months under section 46(1)(b) has been met.
  3. Whether exceptional circumstances exist under section 46(1) to permit adoption by a non-Ugandan citizen.
  4. Whether the necessary parental consent under section 47(1) has been obtained.

Orders

  • The petitioners are appointed adoptive parents of the infants, Salem Mukiibi and Asafu Ssemakula, with full parental rights and responsibilities.
  • The petitioners are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
  • The petitioners are directed to register the order with the United States embassy in Kampala and the Ugandan embassy in Washington.
  • The petitioners are directed to register the order with the authority responsible for children in Iowa State, USA, and to file a report once every year to the Registrar, Family Division of the High Court of Uganda, Kampala, regarding the welfare of the children until they are 18 years of age or until directed otherwise.
  • No order as to costs.

Rules and key headnotes

Adoption — Joint Application by Spouses — Age Requirements
Under section 45(1)(a) of the Children Act, an adoption order may be made jointly to spouses where the applicants or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty-one years older than the child.
Adoption — Fostering Period Requirement
Under section 46(1)(b) of the Children Act, an adoption application shall not be considered unless the applicant has fostered the child for not less than 36 months under the supervision of a Probation and Social Welfare Officer.
Adoption — Non-Citizen Applicant — Exceptional Circumstances
Under section 46(1) of the Children Act, the court may in exceptional circumstances grant an adoption order to a non-Ugandan citizen if the applicant has stayed in Uganda for at least three years, fostered the child for at least 36 months under supervision, has no criminal record, has a recommendation from their country's competent authority, and has satisfied the court that their country of origin will respect and recognize the adoption order.
Adoption — Parental Consent Requirement
Under section 47(1) of the Children Act, the consent of the parents, if known, is necessary for an adoption order to be made.
Adoption — Exercise of Discretion — Marriage to Ugandan Relative
Where a non-Ugandan applicant is married to a Ugandan citizen who is a relative of the infant, and the couple have fostered the child for the required period and satisfied all other statutory conditions, exceptional circumstances exist under section 46 to warrant the exercise of the court's discretion to grant an adoption order.

Legislation cited (5)

Full judgment

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Re_In The Matter Of Salem Mukiibi And Asafu Semakula (Family Cause No.35 Of 2008) (Family Cause No.35 of 2008) [2009] UGHC 164 (19 October 2009)
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.