The parents as well as the girl’s maternal grandmother filled all the paperwork for consent to give the child away for adoption.
Baby N was born on June 18, 2021, and the parents and grandmother signed the consent forms on September 28, 2021.
Now, a court has allowed a couple, ZOO and MWK, to legally take the child as their own through adoption.
After a rigorous process that saw extensive investigation and assessment, the High Court found that the child had been genuinely disowned and that the adoptive couple that came forward is suitable to parent her.
The husband and wife are 41 and 42 years old. The man told court he is an ICT consultant and businessman while the wife is a dentist, both residing in Eldoret.
After the parents surrendered her, the area chief placed Baby N in a children’s home for adoption and was committed into the legal custody of Springs of Life Children’s Home.
Th home later entered into a foster care agreement with the couple after they showed interest in the child, giving her to them even as they pursued the finer details of the legal adoption process.
Children's officers paid them regular visits to assess how they lived with and cared for the baby and whether they had all it took to care for her best interests.
The court found MWK’s sister, ANK, who is a Nakuru-based nurse, as suitable to be legal guardian of N should any eventuality eliminate the parents from her life.
“She [ANK] confirmed her understanding that, if appointed, in the event that the applicants are not able to take care of the baby, then she will be obligated to step in and do so,” the court said.
To confirm her capacity to care for the child if need arose, the 49-year-old mother of two daughters said she had a three-bedroom house and that she is married and her husband works as a veterinary officer and they live together.
After a thorough review, the court found that “[the couple] have been approved as suitable prospective adoptive parents by a competent adoption society duly registered by the Department of Children Services.”
“There is also evidence that the child has been in continuous care and control of the applicants [...] for a period of three consecutive months preceding the filing of the application. The applicant has therefore met the requirements of Section 185 of the Children Act," the judge said.
“I am also satisfied that the applicants have sufficiently demonstrated that they are financially stable to an acceptable standard, hence possess the means to provide and care for the child. I am further satisfied that the suitability of the applicants to adopt the baby has been sufficiently investigated by the Directorate of Children Services and the applicants verified as fit to adopt the baby.”
“It is this court’s view that the applicants have met the parameters that are relevant to their assuming parental responsibility and custody of the child on a permanent basis. I am therefore satisfied that it will be in the “best interest of the child” to be adopted by the applicants.”