Adopted children to be issued with birth certificates

“The birth certificates should have no reference to the parents as ‘adopter’ or ‘adopters’ and with no reference to the child as ‘adopted,” Justice Lenaola ordered.

A civil society group, Organisation for National Empowerment (ONE), moved to court last year seeking a declaration that the clauses in the Children Act that prohibits issuance of birth certificate to the adopted children were unconstitutional.

The judgment is a relief for hundreds of parents who spend long hours in the corridors of court to justify that their child was legitimately adopted.

Judge Lenaola wondered why the child is given comfort of growing up with loving adoptive parents only to be saddled and stigmatised with a certificate of adoption instead of a birth certificate.

The judgment found that legislation that purports to deny a birth certificate is contrary to Article 27 of the Constitution.

However, he declined a prayer seeking to bar the registrar from keeping a separate register for adopted children, saying it was important for reference by either the adopted child or foster parents.

Court battles

ONE director Benji Ndolo said the case was prompted by interaction with children’s homes and parents that revealed discrimination and stigma.
“They can now claim to be legitimate parents of their children,” said Mr Ndolo.

Securing a passport for adopted children takes up to six months because of a requirement that the application be supported by an adoption certificate confirmed by the court as legitimate.

“A number of parents use illegitimate means to acquire birth certificates for their adopted children to avoid the agony,” Stephen Gitonga, a lawyer, said.

In other cases adoptees have been forced to endure long court battles as the ‘real parents’ come out to seek their return, in some cases armed with birth certificates.

Last year, a family in Nakuru laid claim in court to the only son of former Internal Security minister, the late Prof George Saitoti.

Sebastian Maina Ngunju alleged Zachary Musengi was his child Stephen Wachira who, he clkaimed, was abducted more than 24 years ago, and produced a birth certificate as evidence.

Saitoti’s family could only resort to making available Musengi’s passport, school admission documents and school certificates to counter the claim.

With Justice Lenaola’s order other families that have adopted children can finally apply for birth certificates.

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