Adoption Process Finalised Eight Years Later

A minor can finally get a birth certificate and enjoy the benefits which come with adoption following the conclusion of an adoption process in a case of inordinate delay.

Marceline (not her real name) complained to the Commission alleging a delay by the Child Welfare Society of Kenya (CWSK) to finalise an adoption application. According to her, she is the foster parent of a minor who was awarded to her temporarily on 15^th December 2016. In 2017, the CWSK Eldoret Office forwarded their report to the Chief Executive Officer in Nairobi for consideration to complete the adoption process and award her full custody of the minor. However, six years later the process was yet to be completed despite the numerous follow up with the Society. The delay, she said, was depriving the acquisition of a birth certificate for the minor as the same was dependent on the conclusion of the adoption process, and the birth certificate was also required by the school for registration purposes. The inordinate delay impelled her to seek the intervention of the Commission.

The Commission by way of inquiry took up the matter with the Chief Executive Officer, CWSK, on 6^th July 2022. The Society, in a letter to the Commission on 13^th July 2022, confirmed to have reached out to a doctor to schedule an assessment and also communicated with the school to have the minor continue with her education pending finalisation of the matter in the High Court. Further, the Society indicated that they were committed to assisting her to finalise the adoption process and help her acquire the birth certificate in the best interest of the child.

Following further follow-ups by the Commission, CWSK assisted Merceline, and an Adoption Order was issued on 14^th July 2023 at the Eldoret High Court.