Adoption Laws and Requirements for Adoption of a Child in Kenya

1) Children must be at least 6 weeks old and declared free for adoption by a
registered society.
2) Any child who is resident in Kenya may be adopted whether or not the child is a
Kenyan citizen, was or was not born in Kenya.
3) Adoption order cannot be granted unless the child concerned has been in the
continuous care of the adopting couple for more than three consecutive months
preceding the filing of the applications and both the child and the applicant(s)
may be evaluated and assessed by a registered adoption society in Kenya.
4) One of the applicants must be more than 25 years old and more then 21 years
older than the infant and less than 65 years old. The applicants could also be a
relative or one of the parents.

Consents to be sought
1) From the existing parents, guardians or any one else contributing to the
maintenance of the child under any agreement or order.
2) Parents or guardian(s) of the mother of the child in case she (mother) is a minor.
3) On the application of one of the spouses with the consent of the other spouse.
4) In case of a child who has attained the age of 14 years with the consent of the
child.

GUARDIAN AD LITEM (STEP ONE)

Appointed by the court as a guardian for the child pending the hearing and determination
of the adoption application.
The appointment of a guardian ad litem expires upon the making of a final order by the
court.
Documents needed
1. Chamber summons
2. Supporting affidavit of proposed guardian ad litem
3. Consent to act as guardian ad litem
4. Affidavit of fitness of proposed guardian ad litem

APPLICATION FOR AN ADOPTION ORDER.(STEP TWO)

This is where the court makes the order allowing the adoptive parents to assume parental
responsibility over the child as their own.

Documents needed
1. Originating summons
2. Statement in support of the application
 Copy of IDs/passport
 Certificate of good conduct
 Marriage certificate
  Declaration regarding financial status
 Medical report
 Consent of the mother of the child(if applicable)
 Explanatory memo for adopters, form of certificate for of acknowledgment,
agreement of foster parent and agreement with society on temporary foster
care
 Certificate declaring child free for adoption
 Social inquiry report from society
 Photograph of the baby
 Evaluation report on applicants’ suitability for the adoption(director of
children services)

3. Affidavit in support of the adoption application

4. Consent to act as legal guardian
5. Affidavit of fitness of the proposed legal guardian

 The time an average adoption process takes is about 6 months.

Fees and disbursement

Ours fees shall be Kshs 40,000 exclusive of VAT, disbursement and filing fees.