Can I only bring up my husband’s child if I can adopt her?

Can I only bring up my husband’s child if I can adopt her?

Dear Stella,

It would not be easy to adopt the baby without the consent of the biological father who is alive. Have a conversation with him about this. However, the court may re-consider in cases where the sole parent is very irresponsible, mentally ill or a drug addict.  

Constitutionally, every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the baby whether they are married to each other or not. In your case, the biological father is alive.

The Constitution further provides that the best interests of the child must be considered in all matters concerning the baby.

The baby girl, although born out of wedlock, has property rights to inherit from the estate of her biological father.

Should you opt for the adoption route, it is requires a court process which, if successful, the court will issue an adoption order, donate or grant the adopting parent all the duties and responsibilities of a parent on the child. The court may be interested to hear from the biological father whether he is willing to give his baby for adoption.

However, in most cases, the court takes a keen interest whether the adoption would guarantee the best interest of the child.

The Children’s Act is the one that regulates adoption in the country and further provides for requirements that make a person eligible to adopt and a child to be adopted.

For instance, no arrangement should be started to adopt a child less than six weeks old and who has not been declared free for adoption by a registered adoption society.

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Children’s ActHarold Ayodo