Friday, August 17, 2007

Adoption - the Application Form

A - PRE-REQUISITES FOR ADOPTION

*Must be between the ages of 25 and 65

*Must be 21 years older than the child they wish to adopt

*Is a mother or father of child (??)

*In case of joint application the couple must have been married to one another for at least 3 years

*Single applicants (male or female) cannot adopt children of the opposite sex unless under special circumstances

*A sole foreign female applicant can only adopt under special circumstances


B - FORMAL APPLICATION

If you meet the requirements given by the law, e.g. age limit, you will be issued with the application forms. Your application is only considered formal when you hand in your duly completed application forms.

The following should be attached:

*2 full sized recent photos of the applicants (if you have children – 2 pictures of you and your spouse, and 2 pictures of you, your spouse, and your children)

*Copy of ID (Kenyan Citizen)

*Copy of Passport and Work Permit (Non-Kenyan Resident)

*Marriage certificate – in case of joint application, they must have been married for at least 3 years

*Medical Reports

*Proof of financial status – pay slip, bank statement, etc



C - JOINT INTERVIEW

The applicants will go through a joint interview at Little Angels Offices


D - INDIVIDUAL INTERVIEWS

Incase of joint applicants, each of them will go through an individual interview with the LANS social worker. This also includes any children in the home over the age of 14 years.


E - HOME VISIT

Upon return of the forms and completion of the interview sessions an appointment is fixed for the home visit. The aim of the visit is to:

· Determine applicants physical location (where the child will be living)

· Assess the suitability of the applicants to adopt/foster a child – living conditions are also assessed

· Conduct an in depth interview with the applicants in the privacy of their home.

Note: In case of a joint application, both applicants MUST be present during the home visit.



F - COUNSELING

Visit recommended counsellors for manditory counselling session.



G - MEDICAL CHECK-UP

This must be done by a doctor recommended by the Society and the report forwarded to Little Angels confidentially.

Note: The adoption regulation requires that an HIV test is carried out as part of the examination.



H - CASE COMMITTEE DECISION

The LANS Case Committee will then go through your applicationand Home Study Report. The committee will either: Approve, Defer, or REJECT your application. In the event that your application is Deferred or Rejected - reasons for the same will be given in writing.



I - IDENTIFICATION OF THE CHILD

Once approved as a fit parent, the applicants will be assisted in identifying a suitable child(ren).



J - GENDER

Please indicate preference of age and sex of child to simplify the identification process.



K - BONDING PERIOD

After identifying a child, the applicants will be required to make at least 6 visits to the relevant home over a 1 to 2 week period.

Reasons for the visits:

· To bond with the baby before taking him/her home.

· Medical check-ups: during the 2 weeks, it is optional for the applicants to seek a second opinion on the child from an independent doctor. This should be arranged with the Matron/Nursing Manager of the relevant home.

· Preparation to receive the baby at home e.g. buying clothes, bedding, etc.



L - FOSTER PERIOD

After 2 weeks bonding process, the child is discharged to the prospective parents who then begin the fostering process. This period shall last 3 months.



M - FOLLOW-UP ASSESSMENTS

During the 3 month foster period, the social worker will conduct follow-ups to assess the progress of the child in the new family.The follow-up schedule is as follows:

· 1st Follow-Up – one month after discharge of the baby. Done from the LANS office.

· 2nd Follow-Up – Two months after the discharge of the baby. Also conducted at the LANS office.

· 3rd Follow-Up – Three months after discharge of the baby. It MUST be conducted at the applicants home – to observe the adjustment of the child in the home environment. Then a Final Report is complied.


Note: The relevant home will also conduct their independent follow-ups on agreed intervals e.g. two weekly, monthly, etc. Please consult the home on this.



N - LEGAL PROCESS

The legal process should commence immediately after the 3 month foster period. For this process you will need:

i. A Lawyer – to represent you in court. The lawyer’s fees vary depending on the lawyer you choose.

ii. Guardian ad Litem – to protect the best interest of the child during the adoption proceedings. Preferably a social worker, though a friend can also act as thus. The guardian ad litem must do a report and file it in court.

iii. Declaration from a Registered Adoption Society – for this purpose, the society’s social worker will make a visit to your home.

iv. Report from the Children’s Department (Ministry of Home Affairs) – a Children’s Officer will conduct a Home Study and file a report in court.

Note: The legal process varies in time depending on the court schedule, the advocate you engage, and sometimes how fast the above mentioned reports are done and filed in court. On average it takes from 4 to 6 months.

You should not make any arrangements to travel outside of the country with the child until the adoption/guardianship order has been granted by the court. LANS does not support such travel, and it is against the law.

Custody; It must be clearly understood that the child is in the legal custody of the relevant home until the Guardian ad Litem is appointed. The applicant therefore has no legal claim over the child until the High Court of Kenya has granted the Adoption/Guardian order.

If you do not comply with the above procedures, the child may be withdrawn from you and returned to the relevant home.

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