Woman gives up daughter to save her marriage

A woman has allowed her former sister-in-law to adopt her daughter to save her marriage.

The woman, who remarried after divorce with the first husband, told the High Court in Malindi that she was voluntarily giving the girl up for adoption, adding that her current husband did not want anything to do with her.

Only identified as UMA, the woman admitted she was aware she would lose all her rights as the child's mother once the adoption rights are granted to SA2, the applicant. However, she said she was alright with it because the child has not lived with her since 2003.

Under the Children Act No 8 of 2001, the rights include to consent or give notice of dissenting to the girl’s marriage when she comes of age.

The woman parted with the girl's father after giving birth in 2003, leaving the baby under the care of the man’s aged mother. She later met and married another man, with whom they have three children.

But in 2005 when her ex-husband died in a road accident, her current husband refused to accommodate the child.

When UMA's former sister-in-law returned to Kenya, she took over the responsibility of taking care of her niece from the granny. In her bid to legally have the custody of the girl, she filed a case on June 5 last year.

In her testimony before Justice Weldon Korir, the sister-in-law said she does not have her own biological child, adding that she is in good health and financially sound and capable of taking care of the girl.

“I do not have my own biological child and this child is my life,” she told the court.

The girl, who is now 15, told the court she was consenting to being adopted by her aunt, adding that she has taken care of all her needs since she started living with her over 10 years ago.

Mr Ephrahim Muteru Njama, the managing trustee of Change Trust, an adoption agency, and Malindi children's officer Omar Mohamed recommended the adoption and produced reports to back their statements.

Judge Korir allowed SA2 to adopt the girl.

“The beautiful human story that emerges from the relationship between the applicant (SA2) and the child should receive the sanction of this court in order to make it legally binding,” the judge said in his decision.