Wakilii

Washington Amy Elizabeth (Adoption Cause No. 7 of 2021)

High Court · [2023] UGHCFD 197 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance application for adoption order under the Children Act
Decision
Adoption application refused; child to remain with biological family or continue foster arrangement

Observed later treatment

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Holding

Application for adoption dismissed. Under section 45(3) of the Children Act, a sole female applicant cannot adopt a male child unless special circumstances justify it as an exceptional measure. The petitioner neither pleaded nor proved special circumstances. The court held that where biological parents are alive and able to care for the child, adoption should be the last resort, particularly where it would uproot the child from his culture and family. The child's constitutional right to be raised by his parents under Article 34 must be considered.

Outcome

Adoption application refused; child to remain with biological family or continue foster arrangement

Facts

Washington Amy Elizabeth, a 33-year-old American citizen resident in Uganda for eleven years, petitioned to adopt Buyinza Shalifu Josiah, a male child. She had fostered the child since August 2011 under supervision of the Probation and Social Welfare Officer. The child was left with his paternal grandparents in 2011 by his biological parents because he was ill and malnourished. The petitioner was already the adoptive parent of seven other children. Both biological parents consented to the adoption and stated they were unable and unwilling to care for the child. The biological mother was remarried and stated her husband did not want the child. The biological father stated the child had stayed with the petitioner too long and was used to her. The child, aged 12 at the hearing, stated he wanted to stay with the petitioner whom he called "mummy" and did not want to live with his biological parents. The National Alternative Care Panel and the Probation Officer recommended the petitioner as a suitable adoptive parent.

Issues

  1. Whether the petitioner fulfils the requirements for grant of an adoption order.
  2. Whether the grant of adoption is in the best interests of the child.

Orders

  • Petition dismissed.
  • Petitioner to meet the costs of the petition.

Rules and key headnotes

Adoption — Gender Restrictions — Sole Female Adopting Male Child
Under section 45(3) of the Children Act, an adoption order shall not be made in favour of a sole female applicant in respect of a male child unless the court is satisfied that there are special circumstances that justify, as an exceptional measure, the making of an adoption order. Special circumstances must be specifically pleaded and proved; they cannot be inferred from the general facts of the case.
Adoption — Best Interests of Child — Constitutional Right to Parental Care
The welfare and best interests of a child under section 3 of the Children Act must take into account the child's constitutional entitlement under Article 34 to know and be raised by his parents. Adoption should only come as a last resort, especially where it would uproot a child from his culture, and should never be considered merely for the convenience of the biological parents.
Adoption — Availability of Biological Family — Last Resort Principle
Where biological parents and extended family members are alive and capable of caring for a child, adoption should not be granted even where those parents express unwillingness. The existence of willing and able family members capable of providing care within the child's cultural context weighs against adoption.

Legislation cited (14)

Full judgment

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Washington Amy Elizabeth (Adoption Cause No. 7 of 2021) [2023] UGHCFD 197 (15 February 2023)
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.