Child Adoption in Kenya: Key Steps and Requirements to Know

**Child Adoption in Kenya: An Essential Process Guided by Law**

The adoption of children in Kenya is a well-regulated process guided by the Children Act 2022, with Kenya being a signatory to the Hague Convention on Intercountry Adoption.

### Types of child adoption

In Kenya, there are three types of child adoption:

1. **Kinship Adoption**: This type involves adoptions by applicants who are parents of the child.

2. **Local Adoption**: It pertains to children residing in Kenya, with the adoptive parents being Kenyan nationals living in the country.

3. **Foreign Adoption**: This category includes adoptions by foreign nationals or Kenyan nationals with dual nationality.

### Requirements for the child to be adopted

The child must have been under the continuous custody and control of the applicant in Kenya for at least three consecutive months before the application. Eligible children are orphans, abandoned children, or those voluntarily offered for adoption by their biological parents. Children in Kenya can be adopted regardless of their citizenship status, whether born in Kenya or abroad. The child must be at least 6 weeks old and declared free for adoption by a registered association.

### Requirements for applicants

– The applicant must be at least twenty-five years old.
– The age of sixty-five should not be exceeded.
– The applicant, or both in a joint application, must be more than twenty-one years older than the child. An exception can be made for a single applicant who is the mother, father, or a parent of the child.

### Who cannot apply to adopt a child

The law prohibits the following individuals from applying for adoption:
– People with mental disorders
– Individuals unable to adequately exercise custody and guardianship of a child
– Individuals convicted of certain offenses by a court of competent jurisdiction
– In the case of joint applicants, if they are not married to each other
– A single male applicant, unless he is a biological parent of the child
– A foreign applicant, unless he or she is a biological parent of the child

### Steps of adoption

1. **Visit a Registered Adoption Association**: Initiate the adoption process by visiting a registered adoption association.

2. **Assessment**: The applicants and the child undergo an assessment by the adoption association.

3. **Home Visit**: The adoption association conducts a home visit to assess living conditions and suitability, ensuring the child is free for adoption.

4. **Placement of the Child**: Upon satisfaction, the adoption association places the child in the custody of the applicants for a minimum of three months.

5. **Application to Court**: Submit an adoption application to the High Court, accompanied by necessary consents and a report from the adoption association.

6. **Appointment of Guardian**: The court appoints a guardian ad litem to safeguard the child’s interests throughout the adoption process.

7. **Adoption Order**: If all conditions are met, the court issues a final adoption order. The registrar then records the adoption in the Register of Adopted Children.

8. **Registration of Adoption Order**: Present the adoption order to the children’s registrar for registration in the Register of Adopted Children.

9. **Issuance of a Certified Copy**: The clerk provides the applicants with a certified copy of the adoption registration, serving as conclusive proof of adoption.

For further information, you can read more about child adoption in Kenya in the [Pulse article](https://www.pulse.ng/lifestyle/food-travel/processes-of-child-adoption-in-kenya-requirements-one-must-meet-to-adopt-a-child/80e3pvb).

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