Adopting a child is one of the most meaningful decisions a family can make. In Kenya, the process is carefully regulated to protect the rights and welfare of children while ensuring that adoptive parents are well-prepared for the journey ahead. If you’re considering adoption, here’s a comprehensive guide to understanding how it works under Kenyan law.
Adoption Laws in Kenya
Adoption is primarily governed by the Children Act 2022 and the Constitution of Kenya 2010. Kenya is also a signatory to the Hague Convention on Inter-Country Adoptions, which sets international standards for ethical adoption practices.
Types of Adoption in Kenya
There are three main forms of adoption:
- Kinship Adoption – by relatives of the child.
- Local Adoption – by Kenyan nationals living in Kenya.
- Foreign Adoption – by foreign nationals or Kenyans with dual citizenship.
Eligibility Criteria
For the Child:
- Must be at least six weeks old.
- Declared free for adoption by a registered adoption society.
For the Adopter:
- Must be between 25 and 65 years old.
- At least 21 years older than the child.
- Married couples and single individuals can adopt (though special restrictions apply for sole applicants of the opposite sex).
- Must demonstrate financial stability and emotional readiness.
Certain individuals may not adopt unless the court finds special circumstances—for example, a sole male adopting a girl or a sole foreign female applicant.
The Adoption Process: Step by Step
- Check Eligibility – Ensure you meet the age, marital, and financial requirements.
- Choose an Adoption Agency – Work with a registered and reputable adoption society licensed by the Department of Children’s Services.
- Home Study Assessment – A social worker visits your home, interviews you, and reviews documents like medical reports, financial records, and references.
- Application & Matching – Submit your application; once approved, you are matched with a child.
- Pre-Adoption Training – Learn about parenting skills, child psychology, and legal responsibilities.
- Placement & Supervision – The child is placed with you, often on a trial basis, while social workers supervise.
- Court Finalization – File a petition in court; if approved, you’ll receive an Adoption Order making you the child’s legal parent.
- Post-Adoption Follow-Up – Regular visits and counseling may be required to ensure the child’s welfare.
Safeguards Against Illegal Adoption
Kenya has strict measures to protect children from exploitation:
- Government regulation and monitoring of adoption societies.
- Background checks for all applicants.
- Oversight by the High Court.
- Continuous post-adoption follow-up.
Registration of Adoption
Once the court issues an adoption order, the Registrar General officially registers it. You’ll then receive an Adoption Certificate, usually within seven days, upon payment of a small registration fee.
Final Thoughts
Adoption in Kenya is a noble and life-changing journey, but it requires patience, preparation, and strict adherence to the law. By following the outlined steps and working with trusted adoption agencies, you can open your home and heart to a child in need, offering them love, security, and a brighter future.
NAIROBI & MOMBASA