‘Is education the only key to success and happiness in life?’ Some random nuggets
26th November 2016
Leah Kiguatha Muteru On GUARDIANSHIP and FOSTER CARE
19th February 2017


This week my beloved blog ‘Wacha niKwambie’ focused on a topic dubbed Baby!Baby!Baby! – Focus on adoption, guardianship and foster care laws in Kenya facilitated by advocate Leah Kiguatha Muteru. In her own words:

“Adoption is the complete transfer of parental rights from the child’s biological parents to you as the adopter. It is irrevocable and neither you nor the child can legal disengage after the adoption. The child gets the full rights of your biological child including the right to inherit from you. I don’t know about other cultures but as Kenyans, we are discouraged by the formalities of adoption and we bring in our nieces and nephews and take care of them without a formal adoption. Then when you get your posh New York job, you leave the poor child behind because they can’t get a visa since they are not adopted. Also,when you pass on without a will, the child does not have equal rights with your biological child, they rank 4th in line and must prove they were dependent on you. I have both heartwarming and heartbreaking stories on this account but my clients may be people you know so I wont go into details. But I have seen vast estates saved from greedy relatives by that formal adoption certificate and I have also encountered heartbreaking stories of kids being disowned, who only realize that they were not biological kids of a family after the mum or dad dies and they are unceremoniously left out of the inheritance.

To adopt, you must be aged 25-65 years and be at least twenty one years older than the child. A single woman can adopt a girl and a single man can adopt a boy. In my entire career, I have only done two single dad adoptions. On the other hand it is raining single mum adopters and about 70% of my clients have been single mums. Upon proof of special circumstances, it is possible for a single mum to adopt a boy and for a single dad to adopt a girl. Some special circumstances include the fact that you are successfully parenting another child either biological or successfully adopted. There are other special circumstances as well.

The child to be adopted must be a child that has been declared free for adoption by a registered adoption society and the proposed adopter must also have been assessed and approved as fit to adopt by a registered adoption society. Therefore, if you want to adopt, the first step is not to visit a children’s home where you may fall in love with a child who may not be free for adoption. The first step is to visit an adoption society so that you can get assessed for fitness to adopt after which you will be matched with a child who is free for adoption. Many feel that this is the adoption society playing God but it is the international standard not to choose a child but to be matched although some agencies are more flexible than others in terms of the degree of choice involved.”

Kwambie Nyambane
Kwambie Nyambane
Kwambie Nyambane is a Sales Force Effectiveness Manager in a leading bank in Kenya 'by day', a passionate inspirational blogger 'by night'; and a wellness enthusiast championing healthy lifestyle choices. The founder and lead writer of this blog is a Bsc. Food Science and Post -Harvest Technology graduate of the Jomo Kenyatta University of Agriculture and Technology, Kenya, holds an MBA in Marketing from the University of Nairobi and is currently pursuing a PhD in Business Administration from the University of Nairobi. Kwambie is a member of Bloggers Association of Kenya. She believes in taking life with a big spoon, seeing the cup always as half full, and enjoying the scenery in this journey called life. Kwambie is daughter to Lilly Moraa and James Nyambane, mother to one beloved son nicknamed "The Champ"; sister to Marci and beloved auntie to the A & Z girls. She and her family make Nairobi City, Kenya their home. This blog is dedicated to her parents Moraa and Nyambane for their awesome inspiration in her formative years, for being her pillar of strength through life, her siblings Marci and Joash, and to her son "The Champ" and her nieces who represent the generation that came after her. May the nuggets contained in this blog serve many generations, the world over to come.

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