Child Adoption in Kenya: Process, Requirements, and Legal Framework

Table of Contents

1. Introduction: Why Child Adoption in Kenya Matters

   
   

2. Legal Framework Governing Child Adoption in Kenya

   
   

3. Types of Adoption in Kenya

   
   

4. Eligibility Criteria for Adoption

   
   

5. Legal Requirements and Documentation

   
   

6. Step-by-Step Child Adoption Process in Kenya

   
   

   • 6.1 Understanding Eligibility

     
     

   • 6.2 Engaging a Registered Adoption Agency

     
     

   • 6.3 Home Study Assessment

     
     

   • 6.4 Application and Legal Procedures

     
     

   • 6.5 Pre-Adoption Training

     
     

   • 6.6 Placement and Supervision

     
     

   • 6.7 Finalizing the Adoption in Court

     
     

   • 6.8 Post-Adoption Follow-Up

     
     

7. Measures to Combat Illegal Adoption Practices

   
   

8. Recent Developments and Case Law on Adoption in Kenya

   
   

9. Challenges and Opportunities in Kenya’s Adoption System

   
   

10. Conclusion

    
    

11. Frequently Asked Questions (FAQs)

1. Introduction: Why Child Adoption in Kenya Matters

Child adoption in Kenya is a life-changing legal process that provides a permanent family for children who cannot be raised by their biological parents. It gives children the right to a safe, nurturing environment while enabling individuals or couples to grow their families.

Adoption is not only an act of compassion but also a legal safeguard that ensures the best interests of the child remain paramount.

2. Legal Framework Governing Child Adoption in Kenya

Adoption in Kenya is primarily governed by:

• The Constitution of Kenya 2010 – Protects children’s rights, including the right to parental care and protection (Article 53).

  
  

• The Children Act, 2022 – Provides detailed provisions on adoption, replacing the Children Act 2001, and aligning with modern international standards.

  
  

• The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption – Ensures intercountry adoptions comply with international best practices.

  
  

The Children Act 2022 introduced new safeguards, including stricter vetting of adoptive parents and recognition of the child’s voice in the process.

3. Types of Adoption in Kenya

Adoption in Kenya can take several forms:

• Kinship Adoption: Adoption by relatives of the child, often where biological parents are deceased or incapacitated.

  
  

• Local Adoption: Adoption by Kenyan nationals residing in Kenya.

  
  

• Foreign Adoption: Adoption by foreign nationals or Kenyans living abroad. These adoptions must comply with both Kenyan law and the Hague Convention.

4. Eligibility Criteria for Adoption

Adoption laws balance the rights of the child with the responsibility of ensuring only suitable individuals adopt.

For the Child:

• Must be at least six weeks old.

  
  

• Must be declared free for adoption by a registered adoption society.

  
  

For the Adopter:

• Must be between 25 and 65 years old.

  
  

• Must be at least 21 years older than the child.

  
  

• Both single individuals and married couples can adopt.

  
  

• Single adopters must generally be over 35 years.

  
  

Restrictions: Certain categories of persons cannot adopt unless the court finds special circumstances:

• A sole male applicant, unless he is a blood relative of the child.

  
  

• A sole female applicant seeking to adopt a male child.

  
  

• In the case of joint applicants, if the applicants are not married to each other.

  
  

• A foreign applicant except where the applicant is a biological relative of the child.

  
  

• Persons with criminal convictions for offenses listed under the Third Schedule of the Act.

  
  

• Persons of unsound mind within the meaning of the Mental Health Act (Cap. 248) or incapable of exercising parental responsibility;

5. Legal Requirements and Documentation

Adoption requires proper documentation depending on the child’s background:

• For abandoned children:

  
  

  • Certificate declaring the child free for adoption.

    
    

  • Recommendation from the Director of Children’s Services.

    
    

  • Final letter from the police confirming efforts to trace biological parents.

    
    

  • Committal order from the Magistrates Court.

    
    

• For relative adoptions:

  
  

  • Written consent from biological parents or guardians.

    
    

  • Marriage certificate (if applicable).

    
    

  • Court waiver if consent cannot be obtained due to abandonment or death.

6. Step-by-Step Child Adoption Process in Kenya

6.1 Understanding Eligibility

Prospective adoptive parents must confirm they meet all legal requirements, including age, marital status, and financial stability.

6.2 Engaging a Registered Adoption Agency

Adoption can only be initiated through a registered adoption society licensed by the Department of Children’s Services. Agencies provide counseling, guidance, and child matching services.

6.3 Home Study Assessment

A social worker conducts a home study to assess the adopter’s suitability. This includes home visits, interviews, financial checks, and medical assessments.

6.4 Application and Legal Procedures

• Submission of a formal adoption application.

  
  

• Issuance of a Certificate of Eligibility upon successful vetting.

  
  

• Matching of the applicant with a child by the adoption society.

  
  

6.5 Pre-Adoption Training

Adopters undergo mandatory training on parenting adopted children, trauma awareness, and legal responsibilities.

6.6 Placement and Supervision

• The child is placed with the adoptive family for a trial period.

  
  

• Social workers conduct follow-up visits to monitor adjustment.

  
  

6.7 Finalizing the Adoption in Court

• Filing of a petition for adoption before the High Court.

  
  

• A court hearing where a judge evaluates whether adoption is in the child’s best interest.

  
  

• Issuance of an Adoption Order legally recognizing the adopter as the parent.

  
  

6.8 Post-Adoption Follow-Up

Post-adoption follow-up ensures the welfare of the child and provides adopters with ongoing support services such as counseling.

7. Measures to Combat Illegal Adoption Practices

Kenya has historically faced challenges of child trafficking disguised as adoption. The Children Act 2022 and government agencies have introduced safeguards:

• Strict licensing and monitoring of adoption societies.

  
  

• Mandatory police clearance and background checks for adopters.

  
  

• Active court oversight during adoption hearings.

  
  

• Post-adoption follow-up to protect children from abuse or neglect.

8. Recent Developments and Case Law on Adoption in Kenya

Recent cases illustrate how Kenyan courts safeguard children’s rights in adoption matters:

1. In re Adoption of Baby PM (Adoption Cause E259 of 2024) [2025] KEHC 5444 (KLR) (Family) (2 May 2025) (Judgment) - The Court addressed the adoption of a child found abandoned and declared free for adoption, emphasizing the best interests of the child under the Children Act. The Court confirmed the suitability of the adoptive parent and appointed legal guardians, recognizing the child as a Kenyan citizen by birth.

   
   

   Key issue: Court enforcement of adoption legal prerequisites and prioritization of the child's best interests in cases of abandoned children.

2. In re Adoption of Baby NWM (Adoption Cause E074 of 2025) [2025] KEHC 8141 (KLR) (Family) (6 June 2025) (Judgment) - This case involved the adoption of a child born through gestational surrogacy by the intended parents. The Court acknowledged surrogacy as a real and emerging issue, allowed adoption due to lack of surrogacy regulation, and confirmed adherence to statutory adoption requirements under the Children Act.

   
   

   Key issue: Legal prerequisites for adoption of children born via surrogacy and recognition of intended parents despite absence of surrogacy legislation.

   
   

These cases collectively highlight the Kenyan judiciary’s consistent application of the Children Act and the Constitution to protect abandoned or surrogacy-born children, ensuring their best interests, citizenship rights, and proper legal parentage through adoption.

9. Challenges and Opportunities in Kenya’s Adoption System

Challenges:

• Lengthy and costly procedures.

  
  

• Limited number of licensed adoption agencies.

  
  

• Social stigma associated with adoption in some communities.

  
  

• Past suspension of foreign adoptions due to trafficking concerns.

  
  

Opportunities:

• The Children Act 2022 has modernized Kenya’s adoption laws.

  
  

• Growing awareness and acceptance of adoption in Kenya.

  
  

• Strengthened child protection measures enhancing public trust.

10. Conclusion

Adoption in Kenya is a noble yet highly regulated process aimed at protecting vulnerable children. Prospective adoptive parents must follow due legal process, work with registered adoption agencies, and prioritize the child’s best interests.

With the reforms under the Children Act 2022, Kenya has strengthened its adoption system, ensuring transparency and safeguarding children against exploitation.

For legal guidance, always consult a family law expert or a registered adoption society to navigate the process effectively.

11. Frequently Asked Questions (FAQs)

Q1: Who is eligible to adopt a child in Kenya?

Any person aged 25–65 years who meets financial, medical, and moral requirements may adopt, subject to court approval.

Q2: How long does the adoption process take in Kenya?

On average, adoption takes 9–18 months depending on the complexity of the case and court timelines.

Q3: Can single people adopt in Kenya?

Yes, single applicants can adopt, but additional restrictions apply, especially regarding adopting a child of the opposite gender.

Q4: Is foreign adoption allowed in Kenya?

Yes, but subject to strict compliance with the Hague Convention and Kenyan law.

Q5: What happens after an adoption order is issued?

The adopter becomes the child’s legal parent, with full rights and responsibilities. A new birth certificate may be issued in the adopter’s name.

Q6: Can a biological parent reclaim the child after adoption?

No. Once a valid adoption order is made, it is permanent and irrevocable except in cases of fraud or illegality.

 For more detailed information, please refer to the National Council for Children’s Service (NCCS) 

Child Adoption in Kenya: Process, Requirements, and Legal Framework