1. Approach an adoption agency : You don’t go to the children’s home or a relative to pick a child. You first go to an adoption society and make an application through a written letter. You also inform them of your motivation for adopting this child and what you are looking for; maybe a six-month-old child or a two-year-old. The adoption society, after receiving this application, will request certain documents, for instance, your identification card. In cases where there are joint applicants, they’ll ask for a marriage certificate and any other relevant documents.
2. Adoption interview: The purpose of this assessment is to figure out whether this applicant or the applicants qualify to adopt a child.
3. Home visit: The adoption organisation visits your home to see whether the environment is conducive to bringing up a child.
4. A committee hearing: There’s a case committee from the adoption society that sits and discusses findings from these assessments and also confirms whether you are fit for adoption.
5. Getting matched with a child: After the committee has discussed your case and they have deemed you fit to adopt a child, the next step is matching. Remember, you’d written indicating what you need, the preferred age of the child, etc. They now embark on the process of matching this parent with a child. During matching, a child who is identified also has to go through investigations. The society has to assess his/her background. The purpose of this assessment is to ascertain that this child is free and available for adoption.
Juliet Wanjiru Muriuki, an Associate at RW Mbanya and Company Advocates speaks on the intricate process of adopting a child as per the Children’s Act during the interview on April 4, 2024.
Photo credit: Francis Nderitu | Nation Media Group
6. Getting introduced to the child: The prospective adoptive parents are introduced to the child and taken through a process called bonding. This is done when the child is still in the care home so that the child can get used to this new individual who wants to come into their life. This is for a short period.
7. Living with the child: When everyone is comfortable, the child is placed with the applicant or applicants for a minimum period of three months as stipulated by the law. Once these three months are concluded, the applicant or applicants can engage lawyers.
8. Seeking the court’s blessings: The lawyers will apply to the court to start the legal process. When this application is filed in court, there’s certain information that the applicant or applicants need to give to the advocate to prepare this application. They have to provide a guardian ad litem . This guardian ad litem acts as the voice of the child during the process of adoption. He or she will investigate the circumstances of these applicants, and ensure that the child’s best interest is upheld. The other individuals to be provided are the legal guardians, either an individual or a couple. The court needs to be assured that if anything happens to these parents who want to adopt the child, the legal guardians will step in.
Once you’ve provided all this information to your advocates, they will have prepared the application and it will be filed in court.
9. Court-ordered investigations: The other prayer in this first application is for the court to order the Directorate of Children’s Services to assess these parents, conduct interviews and home assessments, and prepare a report. The children’s officer is given 45 days to do the assessments and compile a report. The guardian ad litem is also required to conduct the assessments, do the home visits, and prepare a report. Once this is done, the court gives a hearing date.
Once the judgment date arrives, the court will give its judgment on whether they approve the adoption or it is denied.
10. Get a certified court order: You need a certified copy of the adoption order. With this, you can apply for an adoption certificate from the registrar. They issue an adoption certificate and enter the adoption into the register.
11. Get a birth certificate: To get this, go to Registrar of Births and Deaths and apply for a birth certificate for this child so that your name can reflect on this child’s birth certificate. This marks the end of the process. Now you have the child and all the documentation that’s necessary to show you’ve gone through this legal process, and now the child is legally yours.
This process is not hurried. When you want to adopt, you have to be patient. The process takes anything from a year to three years.
