A quick highlight on all you need to know about the adoption process in kenya.
Adoption is a noble and life-changing decision that allows individuals or couples to provide a loving, stable home for a child. In Kenya, the adoption process is governed by the Children Act, 2022 and the Hague Adoption Convention, to which Kenya is a signatory.
“The world may not change when you adopt a child but for that child their world changes” - Unknown
Types of Adoption in Kenya
There are three categories of adoption recognized under Kenyan law:
- Local Adoption – Kenyan citizens adopting Kenyan children within Kenya.
- Kinship Adoption – Adoption by a relative of the child.
- Inter-country Adoption – Adoption by non-Kenyan citizens. (Note: This is currently suspended under a moratorium issued on 27th November 2014).
Who Can Adopt?
Under Section 186 of the Children Act, adoption applications may be made by:
- A sole applicant (minimum age 25).
- Two spouses jointly.
- The applicant must be at least 21 years older than the child and not older than 65.
Children eligible for adoption include orphans, abandoned children (whereabouts of parents are unknown for over a year), and those willingly given up for adoption. The child must be between 6 weeks and 18 years and must be declared free for adoption by a registered adoption society.
Who Cannot Adopt?
Certain individuals are disqualified from adopting in Kenya, including:
- Sole male applicants adopting female children (and vice versa).
- Persons over 65 years.
- Unmarried foreign applicants.
- Homosexual individuals.
- Persons with criminal records involving children or serious bodily harm.
- Unmarried joint applicants.
Step-by-Step Adoption Process
- Visit a Registered Adoption Society: Begin the process through a registered adoption society which will assess the suitability of the applicant and conduct a home visit.
- Child Placement: The child must be in the applicant’s continuous care for at least 3 months before filing a court application.
- Court Application: An application for an adoption order is filed in the High Court. A Guardian ad litem is appointed to represent the child’s interests during the proceedings.
- Court Decision and Finalization: If approved, the court issues an adoption order and directs the Registrar-General to enter the adoption in the Adopted Children Register.
Documents Required
Applicants must provide key documents including the child’s birth certificate, death certificates (if applicable), home study report, medical fitness reports, financial declarations, and evidence of legal eligibility. Additional documentation is needed for foreign-related adoptions.
How Long Does It Take?
On average, the full legal adoption process in Kenya takes about six months, starting from the child’s placement in the care of the applicant(s) to the court’s final decision.
Looking to adopt in Kenya?
At EKC Advocates LLP, we specialize in family law and provide expert legal guidance through every stage of the adoption journey. Contact us today to schedule a consultation.
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