July 1, 2024

Government publishes new guidelines on the adoption of children in Kenya

3 min read
Government publishes new guidelines on the adoption of children in Kenya

The government publishes new guidelines setting fees and restrictions on the adoption of children in Kenya

The government publishes new guidelines setting fees and restrictions on the adoption of children in Kenya.

Labour and Social Protection Cabinet Secretary Florence Bore on Tuesday published new guidelines for the adoption of children in Kenya.

In the draft Draft Children (Adoption) Regulations, 2024, fees for processing local adoption were set at Ksh30,000. Adoption certificates will also be issued at Ksh500.

The regulations stipulated that application for adoption will be offered for free.

However, the government is also seeking to restrict newly wedded couples from adopting children. As outlined in the proposed regulations, couples who make a joint application have to be married for more than three years.

Additionally, Kenyans who adopt children also have to produce police clearance certificates that have not been acquired past six months of the application date.

Those seeking to adopt will also have to be taken through counseling before they can be cleared for the adoption process.

It was noted that the requirements were aimed at protecting children.

On the other hand, the new regulations also provide for a replacement mechanism where the child is placed in the home for some time for a suitability test.

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“An adopted child has all the inheritance rights. For purposes of any written law relating to marriage for the time being in Kenya, you,

your children (if any) and the adopted child shall be deemed to be within the prohibited degree of consanguinity and therefore cannot enter into a marriage relationship.

“Often the child may have been through traumatic experiences and will need you to provide a caring and secure family environment. The child has a right to know that he is adopted, and has a right to know about his origin as soon as the child is able to understand,” read the regulations in part.

Application guidelines;

  • One is required to fill out an adoption. The form needs to be accompanied by a police clearance certificate and the fee indicated.
  • Other documents deemed necessary will also be attached as sought by the adoption society.
  • Upon receipt of an application, the adoption society shall prepare a child case record.
  • An applicant will then be referred for counselling by a person qualified to provide counselling services.
  • The adoption society then undertakes a home assessment.
  • Pre-placement counselling is then undertaken for the approved applications.

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