Adopting a Child in Kenya: Key Steps and Conditions

Adoption in Kenya is a legal process that allows an individual or couple to gain full parental rights over a child.

It is governed by the Children Act No. 29 of 2022 and the Hague Adoption Convention of 2019, to which Kenya is a signatory.

Types of Adoption

Adoption in Kenya generally falls into three categories:

• Local adoption refers to the process by which Kenyan citizens adopt a child living in Kenya.
• Kinship adoption: When relatives adopt children within their extended family.
• International adoption refers to the process by which foreigners apply to adopt a Kenyan child.

However, since November 2014, the government has suspended international adoptions by non-Kenyans.

Requirements for Adoption

To be eligible for adoption, a child must be at least six weeks old and declared free for adoption by a registered adoption society.

Before filing an application, the child must have been under the care of the applicant for at least three consecutive months in Kenya.

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Applicants must also undergo an evaluation and home visit conducted by a registered adoption society.

 Adoption can be pursued by a single applicant or jointly by spouses.

Who Can Adopt

At least one applicant must:

• Be between 25 and 65 years old.
• Be at least 21 years older than the child.
• In the case of joint applicants, be legally married.

Special restrictions apply. For example, sole male applicants may not adopt female children, and vice versa, unless exceptional circumstances are proven. Foreigners, unmarried couples, individuals of unsound mind, and those with certain criminal convictions are also barred from adoption unless the court rules otherwise.

Child Adoption Process

Application to an adoption society: Applicants first approach a registered society for assessment. If approved, the child is matched with them and placed in their care for a minimum of three months.

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Court application: After this period, an application is filed in court. The court may appoint a guardian ad litem to protect the child’s interests during proceedings.

Final order: If the court grants the adoption, the Registrar-General records it in the Adopted Children Register. The adoptive parents then assume full legal rights and responsibilities as if the child were their biological child.

Required Documentation

Applicants typically need to provide:

• The child’s birth certificate and school progress report (if applicable).
• Death certificates of deceased parents.
• Reports from a children’s officer and the adoption society.
• Proof of identity, marital status, medical fitness, financial stability, and home suitability.
• Recent photographs and, in some cases, letters from chiefs or community leaders

All adoption cases in Kenya are heard privately. The identities of both the child and the applicants remain confidential throughout the process.

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