Sep 21, 2021

Mawazo Writing Africa

Writing about the main

New bill allows foreign nationals to adopt Kenyan children

The government has tried to tighten laws on child adoption and open doors for foreigners to take parental responsibility for eligible young people.

A new bill by majority leader Amos Kimunya (Kipipiri MP) calls for children to be adopted by their relatives, dual citizenship holders and foreigners.

Adoption would be allowed for foreigners, regardless of whether they are resident in Kenya or not are resident, so they would be allowed to take children with them to their countries.

As long as the respective countries recognize the adoption decisions made by the Kenyan courts.

The 2021 Children’s Law states that the The High Court will issue an order upon an application authorizing an applicant to adopt a child.

“All proceedings are heard and decided in chambers, and the identity of the child and the person The sponsor is treated confidentially, “says the draft law.

In the new exemption, a child is entitled to adoption if a phan does not have a guardian or carer who can and will take care of them. < / p>

A child who has been abandoned or whose whereabouts cannot be determined within a year is also eligible.

Regulations are also made to allow parents to voluntarily adopt their biological children Offer adoption.

“Any child residing in Kenya can be adopted, regardless of whether the child is a Kenyan citizen or was born in Kenya,” states the bill.

An application would be approved by a single applicant or by two spouses who jointly submit such applications to the court.

Individuals below People aged 25 and over will not be issued adoption orders, nor will anyone over the age of 65.

“In no case may the court e An adoption order is issued, unless the applicant or one of the applicants in a joint application is more than 21 years older than the child, “says the draft law.

However, the age limits do not apply in any case if a sole app of the applicant or one of the joint applicants is the mother, father or relative of the child.

“The court will not issue an adoption decision in favor of a single male applicant unless the applicant is a blood relative of the child. ”

A single applicant is also not allowed to adopt a male child, as is a single foreign applicant – regardless of gender.

Adoption not for mentally ill parents within the meaning of the law about mental health and those who are unable to provide proper care and guardianship for a child.

Individuals who have been tried and convicted Also sw More criminal offenses by a competent court would be rejected only by foreign applicants.

There is said to be a committee known as the National Adoption Committee and run by the Secretary of the Labor Cabinet as the central authority for adoption matters.

“A person cannot make arrangements to adopt a child unless the National Adoption Committee has declared the child free for adoption.” of six weeks, which would tighten the law that “an applicant may not preselect a future adoptive child”.

“An individual, including a parent, guardian or adoptive society, may have a child prior to the granting of a Do not entrust adoption warrant to the custody, possession or control of a person who is not entitled to adopt a child, ”the bill states / p>

Es A Sh1 million fine or three years in prison, or both, has been proposed for violating the Child Adoption Act is obliged to contribute to the maintenance of the child.

If only one spouse applies, the consent of the other spouse is required, as is the case with a child who has reached the age of 10.