I’m a single woman considering child adoption; what does the law say?
A single woman considering adopting a child.
What you need to know:
- According to the Children Act, a single female can adopt a child, including a boy, if there are compelling reasons to do so.
- The law generally allows adoption by a single applicant who is at least 25 years old and more than 21 years older than the child they wish to adopt.
Dear Vivian,
I am a single woman, and due to a medical condition, I am unable to carry a pregnancy to term. Now that I am financially stable, I am considering adopting a child to raise on my own. What does Kenyan law say about adoption for single women, and is it possible for me to legally adopt a child on my own?
Julie Wahome, Naivasha
Dear Julie,
Kenyan law allows both single and married individuals to adopt, provided they meet certain criteria. As a single woman, you are eligible to adopt, but there are specific considerations and legal requirements you must satisfy.
According to the Children Act, a single female can adopt a child, including a boy, if there are compelling reasons to do so. The law generally allows adoption by a single applicant who is at least 25 years old and more than 21 years older than the child they wish to adopt. There is no legal requirement that an applicant be married to adopt a child. However, the court will prioritise the best interests of the child, a principle enshrined in Article 53(2) of the Constitution and reiterated in Section 8 of the Children Act.
In addition, the Act specifies that the court must be satisfied that the applicant is morally and financially capable of providing for the child. Given your financial stability, this requirement would likely be met. Additionally, the court will evaluate your moral, social, and emotional suitability as a potential adoptive parent, which aligns with the constitutional requirement to consider the child's best interests.
To proceed with adoption, you must apply through an accredited adoption society. Adoption society will conduct a home study and prepare a report on your suitability as a prospective adoptive parent. This process typically involves assessing your living conditions, social background, financial status, and overall readiness to care for a child.
Further, the court may grant an adoption order to a single applicant if it is convinced of their moral character, financial capability, and that the adoption serves the child’s best interests. This is consistent with the constitutional principle that emphasises the best interests of the child.
While there may be societal biases against single parenting, the law provides for equal opportunities for single women to adopt, and your financial stability, emotional readiness, and commitment to nurturing a child are factors in your favour. Previously, Kenyan courts have emphasised that the best interests of the child should take precedence, regardless of the applicant's marital status provided you meet the criteria set out in the Children Act and demonstrate that the adoption is in the child’s best interest.
I encourage you to consult with an accredited adoption agency to begin the process and receive guidance specific to your situation. The decision to adopt is both noble and significant, and understanding your legal rights and responsibilities is essential as you take this step.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
