Wakilii

Re Nakawesa, Namanda & Katongole (infants) (Adoption Cause No. 164 of 2011)

High Court · [2011] UGHC 107 · 2011 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for adoption order in respect of three minor children by Ugandan-born applicants who are now US citizens
Decision
Adoption order granted; applicants permitted to travel with the minors to the USA

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that Ugandan-born foreign nationals who are members of an indigenous tribe and were bred in Uganda need not satisfy the three-year residency requirement under Children's Act s.46(1)(a) afresh, as they fulfilled it before emigration. Exceptional circumstances existed where the applicants were close blood relatives (maternal aunt) of orphaned minors living with an elderly, sick, financially struggling grandfather. The applicants had fostered the children for over thirty-six months under supervision. Adoption order granted.

Outcome

Adoption order granted; applicants permitted to travel with the minors to the USA

Facts

The applicants, Ugandan-born members of the Ganda tribe who migrated to the USA in 2000 and became US citizens in 2010, applied to adopt three minors aged 15, 14, and 12. The minors are children of the first applicant's elder sister. Both parents died between 2002 and 2004, leaving the minors in the care of their maternal grandfather, a 73-year-old retired, sick widower struggling financially. The applicants obtained a foster care order in 2006 and have provided financial and other support for the minors since their parents' deaths. The applicants have two biological children and reside in Massachusetts, USA, where they both work.

Issues

  1. Whether the applicants, being foreign nationals who were born and bred in Uganda as members of an indigenous tribe, qualify for the grant of an adoption order.
  2. Whether the three-year residency requirement in Children's Act s.46(1)(a) applies to foreign nationals who are Ugandan-born members of an indigenous tribe.
  3. Whether the applicants have fostered the children for at least thirty-six months under proper supervision.
  4. Whether exceptional circumstances exist to justify intercountry adoption.
  5. Whether the court should award costs.

Orders

  • An adoption order relating to Teddy Nakawesa, Leticia Namanda and Ben Katongole is granted.
  • Permission is granted to travel with the said children to the USA where the applicants presently reside.
  • The applicants shall pay their counsel the costs involved in this matter.
  • A copy of this Order shall as soon as possible be registered with the Registrar-General's office at the Ministry of Justice.

Rules and key headnotes

Family Law — Intercountry Adoption — Three-Year Residency Requirement — Application to Ugandan-Born Foreign Nationals
The three-year residency requirement in Children's Act s.46(1)(a) does not apply to foreign nationals who were born and bred in Uganda as members of an indigenous tribe and who satisfied that requirement before emigrating and acquiring foreign citizenship, as it would be absurd to require them to fulfill the same formality a second time.
Family Law — Intercountry Adoption — Exceptional Circumstances — Orphaned Children and Close Blood Relations
Exceptional circumstances justifying intercountry adoption under Children's Act s.46(1) exist where the applicants are close blood relatives (maternal aunt) of orphaned minors who are living with an elderly, sick, and financially struggling grandfather, and the applicants are Ugandan by birth, descent, and tribe.
Family Law — Intercountry Adoption — Fostering Requirement — Definition and Proof
Fostering within the meaning of Children's Act s.46(1)(b) is the act of being involved in the rearing of a child by persons other than the natural parents. This requirement is satisfied where applicants obtained a foster care order from the district probation and social welfare officer and have provided financial and other support for the minors under proper supervision for at least thirty-six months.

Legislation cited (11)

  • Children's Act Cap. 59 s.3
  • Children's Act Cap. 59 s.4
  • Children's Act Cap. 59 s.5
  • Children's Act Cap. 59 s.45
  • Children's Act Cap. 59 s.46
  • Children's Act Cap. 59 s.46(1)
  • Children's Act Cap. 59 s.46(1)(a)
  • Children's Act Cap. 59 s.46(1)(b)
  • Children's Act Cap. 59 s.46(1)(c)
  • Children's Act Cap. 59 s.46(1)(d)
  • Children's Act Cap. 59 s.46(1)(e)

Full judgment

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Re Nakawesa, Namanda & Katongole (infants) (Adoption Cause No. 164 of 2011) [2011] UGHC 107 (2 August 2011)
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.