CAP. 141
Children
[Rev. 2012]
(5) An interim order shall not be deemed to be an adoption order within the
meaning of this Act.
International Adoptions
162. International adoptions
An adoption order may be made in respect of a child upon the joint application
of two spouses who are not Kenya citizens and not resident in Kenya (in this Act
referred to as an “international adoption”) if they—
(a) have obtained the consents specified in paragraph (e) of subsection
(4) of section 158; and
(b) have satisfied the court that the country where they ordinarily reside
and where they expect to reside with the child immediately after the
making of the adoption order will respect and recognise the adoption
order and will grant resident status to the child; and
(c) have been authorised and recommended as persons who are suitable
(including being morally fit and financially capable) to adopt a foreign
child by a competent government authority or court of competent
jurisdiction in the country where they expect to reside with the child
immediately after the making of the adoption order.
Powers of the Court on Adoption Application
163. Powers of the court
(1) The court before making an adoption order shall be satisfied—
(a) that every person whose consent is necessary under this Part,
and whose consent is not dispensed with, has consented to and
understands the nature and effect of the adoption order for which
the application is made, and in particular in the case of a parent,
understands that the effect of the adoption order will be permanently
to deprive him or her of his or her parental rights;
(b) that the order if made will be in the best interests of the child, due
consideration being for this purpose given to the wishes of the child,
having regard to the age and understanding of the child, and to the
ability of the applicant to maintain and educate the child;
(c) that the applicant has not received or agreed to receive, and that no
person had made or given or agreed to make or give to the applicant,
any payment or other reward in consideration of the adoption;
(d) that any person whose consent is dispensed with on the grounds of
incapacity is still incapable of giving consent at the date of making
the order;
(e) where the applicant is not a relative of the child, that reasonable steps
have been taken to inform the relatives of the child of the proposed
adoption and no relative able to accept the care of the child has
expressed willingness to do so; and
[Issue 1]
C15 - 76
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