Highlighted Insights
What Is Adoption?
The legal process by which parental rights permanently transfer from biological parents/guardians to adoptive parents.
Types of Adoption in Kenya:
Kinship Adoption (by relatives).
Local Adoption (by Kenyan residents).
Foreign Adoption (restricted since 2014, though court rulings have challenged the moratorium).
Eligible Children:
Aged 6 weeks to under 18 years.
Orphans, abandoned children, or those willingly given up.
Must be declared free for adoption by the council.
Who Can Adopt:
Applicants aged 25–65, at least 21 years older than the child.
Married spouses jointly, or a sole applicant (with restrictions).
Who Cannot Adopt:
Persons of unsound mind, unfit caregivers, unmarried joint applicants, or sole male applicants (unless relatives).
Process Duration:
Typically 9–12 months, filed in the High Court under Section 183(1) of the Children’s Act, 2022.
Key Takeaway: Adoption is carefully regulated to protect children, with emphasis on eligibility, suitability, and the child’s best interests.