The Children Act Cap 141 in Kenya

The Chief Justice may make court rules of procedure and practice in matters relating to foster care placement.

(1) Subject to this Act, the High Court may, on an application made in the prescribed form, make an order, in this Act referred to as "adoption order", authorising an applicant to adopt a child. (2) All proceedings under this Part shall be heard and determined in chambers, and the identity of the...

(1) A person shall not commence any arrangements for the adoption of a child unless— (a) the Council, in accordance with the rules, has declared the child free for adoption; and (b) the child has attained the age of six weeks. (2) A person, including a parent, guardian or adoption society, shall...

(1) Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya. (2) Without prejudice to the generality of subsection (1), no Court may entertain an application for an adoption order in respect of a child unless— (a) the child concerned...

(1) The Court may make an adoption order on application by— (a) a sole applicant; or (b) two spouses jointly. (2) The Court shall not make an adoption order in any case unless— (a) the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and (b) the...

(1) The Court may dispense with any consent required under section 186(8) paragraphs (a), (b) and (c) if the Court is satisfied that—(a) in the case of the parent or guardian of the child, the parent or guardian has abandoned, neglected, persistently failed to maintain or persistently ill-treated...

(1) Where an application is made for an adoption order, the Court shall, eitherof its own motion or on application by any party to the proceedings, make an order appointing a fit person to be guardian ad litem of the child to whom the application relates. (2) The guardian ad litem shall be under...

(1) Where an application for an adoption order is pending in Court— (a) any person who has consented to the adoption shall not be entitled, except with leave of the Court, to remove the child from the care and control of the applicant; (b) the applicant who has received a child into his or her...

(1) A person who is a biological parent of a child in respect of whom an adoption order has been granted by a Court may apply to the Court for review of the order for adoption on grounds that— (a) the child in respect of whom an adoption order has been granted by a Court was lost or...

The Court may make an adoption order in respect of a child on the joint application of two spouses who are not citizens or residents of Kenya, in this Act referred to as an "inter-country adoption", if the applicants— (a) have satisfied the Court that— (i) all efforts to trace the child’s parents...

The requirements of section 191 shall apply to adoption by— (a) citizens of Kenya who are not ordinarily resident in Kenya; (b) citizens of Kenya who have dual citizenship, but who are not ordinarily resident in Kenya; and (c) persons who were citizens of Kenya by birth but have lost the same...

(1) A kinship adoption order may only be made in favour of a relative of the child. (2) The Cabinet Secretary may make regulations to give effect to this Part.

(1) Before making an adoption order, the Court shall inquire into and be satisfied on evidence before it that— (a) every person whose consent is required under this Part, which consent has not been dispensed with, has consented to and understands the nature and effect of the adoption order for...

(1) At the time of making an adoption order in a domestic or inter-countryadoption, the Court may, either of its own motion or on application by the adopter or joint adopters, appoint a guardian of the child in the event that the adopter or, in the case of a joint application by spouses, as the case...

(1) The Court may make an adoption order or an interim adoption order inrespect of a child who has previously been the subject of an adoption order under this Act or any other written law in any Commonwealth jurisdiction. (2) For the purposes of an application under subsection (1), the adopter or...

If the Court declines to make an adoption order, the Court may make such order in respect of parental responsibilities over the child as the Court may consider fit.

Any person aggrieved by an order of the Court relating to an application for an adoption order, or an order relating to parental responsibility over a child made under this Part, may appeal to the Court of Appeal in the same manner as if the application were a suit instituted under the Civil...

(1) The Court which makes an adoption order may, on the application of the adopter, vary the order to correct any defect in the particulars contained therein and direct that the varied order be lodged with the Registrar, who shall cause the Adopted Children Register to be rectified...

(1) The Registrar shall maintain an Adopted Children Register and shall makesuch entries as the court may direct. (2) A certified copy of an entry in the Adopted Children Register that is sealedor stamped with the seal of the Registrar shall be admitted as evidence of the adoption to which it...

(1) Every adoption order made by the Court shall contain a direction to the Registrar to make an entry in the Adopted Children Register in the prescribed form. (2) For the purposes of compliance with the requirements of subsection (1), if the precise date of the child’s birth is not proved to the...

(1) Upon an adoption order being made, all rights, duties, obligations and liabilities of the biological parents in case of a first adoption or adoptive parents in case of subsequent adoption or guardians of the child in relation to the future custody, maintenance and education of the child,...

For the purposes of the Work Injury Benefits Act, a child whom a deceased employee had been authorised to adopt under an adoption order shall be deemed to be a member of the family of the employee, and an adopter shall be deemed to be the parent of a deceased child whom he had been authorized to...

(1) Where an adoption order is made in respect of a child previously committedto the care of foster parents, a voluntary children’s institution, a children’s institution, or a rehabilitation school by a care order in force under this Act, the care order shall forthwith cease to have...

(1) Where at any time after the making of an adoption order the adopter or the adopted child or any other person dies intestate in respect of any movable or immovable property, the property shall devolve in all respects as if the adopted child were a biological child of the adopter. (2) The...

(1) For the purpose of the application of any written law for the time being in force relating to the devolution of any property in accordance with section 205, and for purposes of the construction of any such disposition as is mentioned in that section, an adopted child shall be deemed to be...

(1) Where a child has been adopted, whether before or after the commencement of this Act, in any place, and the adoption is one to which this section and other written laws apply, the adoption shall have the same effect as an adoption order validly made under this Act. (2) Subsection (1) shall...

(1) No adoption agency, institution, individual or public officer may make or facilitate the making of any arrangements for the adoption of a child under this Act unless the agency or institution is duly registered as an adoption society in accordance with this Act. (2) An application for...

(1) A person or association, whether incorporated or unincorporated) shall notwillfully and without lawful justification take part in or facilitate the adoption of a child unless the association is registered as an adoption society. (2) Any person who takes part in the management or control of a...

The functions of an adoption society shall be— (a) to make such inquiries and investigations, and to cause such reports as shall be prescribed or as the Court may direct, to be obtained for the purpose of ensuring so far as may be possible, the suitability of the proposed adoption of a...

(1) A member or officer of an adoption society, and a person having any official duty under or being employed in the administration of this Act, shall regard and deal with all documents and information relating to the adoption or proposed adoption of any child, or to any such child, or to the parent...