We desperately want to adopt a child

By HAROLD AYODO

Dear Harold,

We have been married for 15 years but have never been blessed with a child over biological reasons. We both have steady jobs that are well paying, but our home is empty without children. We have now resolved to adopt a child to bring him/her up as our own. What legal requirements should we fulfill?

Samantha, Nairobi

Dear Samantha,

Legally, adoption is a situation when a child is taken, with the authority of the court, by an adult who is not the biological parent. The adult then acquires full parental responsibility over the adopted child. A person must be over 25 years and below 65 years old and not insane to apply for adoption. It is also a requirement that the adopting parent be at least 21 years older than the child sought. For your information, adoption laws are strict to the effect that a single man cannot adopt a female child while a woman cannot adopt a boy. Furthermore, a person who suffers mental illness or who has been convicted of a physical, sexual or mental offence against a child cannot adopt. Adoption is a legal process that entails assessment and clearance by the adoption society, consent by the parent or guardian of the child, application to court that would result into a hearing before orders to officially adopt. The application for adoption in court requires documents like the marriage certificate, certified medical fitness certificate and a declaration on financial status of adoptive parents who are citizens. If you are foreigners, then you will need income tax assessment orders and a written undertaking that you will take care of the child. Generally, cases of adoption are heard behind closed doors in court to protect the names and identity of the child. Furthermore, advertising children for adoption is not allowed and the child must have been in the continuous care of the person applying for adoption for three months. An adoption order by the court takes away all rights and duties of the biological parent over the child and hands them to the adoptive parent. The law will assume that all issues relating to maintenance, custody and inheritance will apply to the adopted child.