Wakilii

Re In The Matter Of Sarah Apeyo (Adoption Cause No. 146 of 2010)

High Court · [2010] UGHC 80 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for adoption order following earlier grant of legal guardianship
Decision
Adoption order granted; applicants permitted to travel out of Uganda with the child subject to annual reporting requirements

Observed later treatment

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Holding

Court granted adoption order to American couple despite non-compliance with 36-month fostering requirement under Children Act s.46, finding that the child's welfare was paramount. The biological mother was HIV positive with no stable income and had consented to the adoption. The applicants had fostered the child for over 12 months, had no criminal record, and demonstrated commitment to the child's welfare.

Outcome

Adoption order granted; applicants permitted to travel out of Uganda with the child subject to annual reporting requirements

Facts

American couple Christopher John Mckim and Jennifer Janel Mckim were granted legal guardianship of Sarah Apeyo, a six-year-old child, in October 2009. They attempted to obtain a visa to travel with the child to the USA but were refused due to insufficient information. Investigation revealed that contrary to initial representations, the child's biological mother Anna Okere was alive. Anna Okere is HIV positive, lives in poverty, earns income from selling local beer, has four children none of whom have attended school, and lives in a mud and wattle house. The child's father, Lotiko Joseph, was deceased. After visa refusal, the child was placed in Oasis Children's Home under a care order. The applicants maintained contact and financial support for the child during their absence. Anna Okere consented to the adoption, understanding she would give up the child permanently, and confirmed she received no payment. The applicants sought an adoption order despite not meeting the statutory 36-month fostering requirement.

Issues

  1. Whether the applicants should be granted an adoption order despite not having been resident in Uganda or having fostered the child for the statutory 36-month period under sections 46(1)(a) and (b) of the Children Act.
  2. Whether the adoption order would be in the best interests and welfare of the child.

Orders

  • The petitioners are appointed the adoptive parents of Sarah Apeyo.
  • 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 permitted to travel out of Uganda with the child.
  • The petitioners are directed to file a report once every year regarding the state of welfare and development of the child with the Registrar, Family Division, High Court of Uganda, until the child is 18 years of age or until directed otherwise.
  • No order as to costs.

Rules and key headnotes

Adoption — Statutory Requirements — Fostering Period — Discretion to Dispense
Where the welfare and best interests of the child require it, the court may grant an adoption order notwithstanding the applicants' failure to comply with the 36-month fostering requirement under sections 46(1)(a) and (b) of the Children Act.
Adoption — Best Interests of the Child — Paramountcy Principle
In adoption matters as in all matters affecting children, the welfare of the child is the paramount consideration that guides the court's exercise of discretion.
Adoption — Consent — Requirements Under Children Act
An adoption order may be granted where the consent of the surviving biological parent has been freely given as required under section 47 of the Children Act, even where the parent is unable to provide adequate care due to illness and poverty.

Legislation cited (3)

Cases cited (1)

  • In re M (SCCA No. 22 of 2004)

Full judgment

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Re_ In The Matter Of Sarah Apeyo (Adoption Cause No. 146 of 2010) [2010] UGHC 80 (20 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.