[Rev. 2012]
Children
CAP. 141
(2) Where a child to whom any such order, decree or agreement as aforesaid
relates is adopted by his mother and the mother is a single mother, the order, decree
or agreement shall not cease to have effect by virtue of subsection (1) upon the
making of the adoption order, but shall cease to have effect if she subsequently
marries.
(3) Where an adoption order is made in respect of a child committed to the
care of foster parents, a voluntary children’s institution or a children’s institution or
a rehabilitation school by a care order in force under this Act, the care order shall
cease to have effect; and in any case any contribution order made in respect to the
child shall cease to have effect, but without prejudice to the recovery of any arrears
which are due under the order at the date of the adoption order.
174. Intestacies, wills and settlements
(1) Where, at any time after the making of an adoption order, the adopter or
the adopted person or any other person dies intestate in respect of any movable
or immovable property (other than property subject to an entailed interest under a
disposition made before the date of the adoption order), that property shall devolve
in all respects as if the adopted person were the child of the adopter born inside
marriage and were not the child of any other person.
(2) In any disposition of movable or immovable property made, whether by
instrument inter vivos or will (including codicil), at the date of an adoption order—
(a) any reference (whether express or implied) to the child or children of
the adopter shall, unless the contrary intention appears, be construed
as, or as including, a reference to the adopted person;
(b) any reference (whether express or implied) to the child or children of
the adopted person’s natural parents or either of them shall, unless
the contrary intention appears, be construed as not being or as not
including, a reference to the adopted person; and
(c) any reference (whether express or implied) to a person related to
the adopted person in any degree shall, unless the contrary intention
appears, be construed as a reference to the person who would be
related to him in that degree if he were the child of the adopter born
inside marriage and were not the child of any other person.
(3) Where under any disposition any movable or immovable property or any
interest in such property is limited (whether subject to any proceedings limitation
or charge or not) in such a way that it would, apart from this section, devolve (as
nearly as the law permits) along with a dignity or title or honour, whether or not
the disposition contains an express reference to the dignity or title or honour and
whether or not the property may in some event become severed therefrom, nothing
in this section shall operate to sever the property or any interest therein from the
dignity, but the property or interest shall devolve in all respect as if this section had
not been enacted.
175. Provisions supplementary to section 174
(1) For the purpose of the application of any written law for the time in force in
Kenya relating to the devolution of any property in accordance with section 174
C15 - 81
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