ADVOKS GLOBAL · KENYA
Children Act
194. Powers of the Court in adoption proceedings
Edition: 2022-12-31 · In force
194. Powers of the Court in adoption proceedings
(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 which the application is made;(b)in the case of a parent, the parent understands that the effect of the adoption order is to permanently deprive him or her of his or her parental rights;(c)if made, the order will be in the best interests of the child, having regard to the wishes of the child, depending on the child’s age and understanding, and to the ability of the applicant to maintain and educate the child;(d)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;(e)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;(f)where the applicant is not a relative of the child, reasonable steps have been taken to inform the relatives of the child of the proposed adoption, and no relative who is capable of exercising care over the child has expressed willingness to do so;(g)both the applicant and the child have been assessed and evaluated by a duly registered adoption society in Kenya in accordance with this Act and the society’s report delivered to the Court; and(h)the Council has certified and declared the child free for adoption.(2)The Court may make an adoption order under this Part on such terms and conditions as the Court may think fit, including orders—(a)requiring the adopter, by bond or otherwise, to make such provision for the child as, in the opinion of the Court, are just and expedient;(b)directing that the child shall not be removed from the jurisdiction of the Court without leave of the Court for such period as the Court may specify;(c)requiring the adopter to accept supervision by, and advice from, an adoption society specified by the Court for such period as the Court may direct;(d)requiring the child to be brought up in accordance with a particular tradition conditional to which the consent was given;(e)requiring the adopter to furnish such security by bond or otherwise as the Court may consider fit for the due performance of any condition that the Court may impose; or(f)in a case where the adopter is not a resident or citizen of Kenya, requiring the adopter to avail such periodic reports from a Court of competent jurisdiction or state agency responsible for matters relating to adoption in the adopter’s country of residence for such period as the Court may specify.