Wakilii

Victoria Birungi v Richard K. Kirungi (Miscellaneous Application No. 11 of 1992)

High Court · [1993] UGHC 108 · 1993 Adoption Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance adoption petition under the Adoption of Children Act
Decision
Adoption order made in favour of the petitioner

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted the adoption petition. The petitioner, aged 58 and the infant's aunt, satisfied the statutory age and relationship requirements under s.4(1) of the Adoption of Children Act. Parental consent could not be obtained as the father was deceased and the mother had abandoned the child and her whereabouts were unknown. The court was satisfied the adoption was for the welfare of the infant who had been living with the petitioner and her child.

Outcome

Adoption order made in favour of the petitioner

Facts

Victoria Birungi, a 58-year-old married woman separated from her husband, petitioned to adopt Richard Kirungi, a 12-year-old infant. Richard was the son of the petitioner's brother Peter Byaruhanga who passed away on 5 April 1992 in England. The petitioner had one child, Ivan, who had been living happily with Richard. Richard's mother had abandoned him to his late father when he was 2 years old, had never contributed to his support, and her whereabouts were unknown. The petitioner was a stenographer/secretary by profession, resident at Makerere, Kampala, and had the means to maintain, educate and care for the infant. The infant was not entitled to any property at the time of the petition.

Issues

  1. Whether the petitioner satisfied the age and relationship requirements under s.4(1) of the Adoption of Children Act.
  2. Whether the court could dispense with parental consent where the father was deceased and the mother's whereabouts were unknown.
  3. Whether the adoption order would be for the welfare of the infant.

Orders

  • Adoption petition granted.
  • The infant Richard K. Kirungi to be adopted by the petitioner Victoria Birungi.

Rules and key headnotes

Adoption — Eligibility of Applicant — Age and Relationship Requirements
An adoption order may be made where the applicant has attained 21 years and is at least 21 years older than the infant, or has attained 21 years and is a relative of the infant, or is the mother or father of the infant.
Adoption — Parental Consent — Dispensation Where Parent Deceased or Whereabouts Unknown
Where parental consent to adoption cannot be obtained because one parent is deceased and the other parent has abandoned the child and their whereabouts are unknown, the court may proceed to make an adoption order if satisfied the requirements of the Adoption of Children Act are otherwise met.
Adoption — Welfare of the Infant — Assessment of Applicant's Means and Stability
In determining whether an adoption order is for the welfare of the infant, the court considers whether the applicant has the means to maintain, educate and care for the infant, whether the infant has been living with the applicant, and whether the infant has been accepted into the applicant's family without discrimination.

Legislation cited (2)

  • Adoption of Children Act Cap. 216 s.4(1)
  • Adoption of Children Act Cap. 216 s.5

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Victoria Birungi v Richard K. Kirungi (Miscellaneous Application No. 11 of 1992) [1993] UGHC 108 (26 February 1993)
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.