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Lawmakers have commenced debate on a bill that will allow male guardians to adopt children.

The MPs commenced debate on the Statute Law (Miscellaneous amendment bill) 2023 that seeks to delete provision in the Children Act that bars male sole applicants from adopting a child.

A miscellaneous amendment bill is an act of Parliament enacted that intends to make minor amendments to various statute laws by the Parliament of Kenya, as follows-

Reads the bill: “The bill proposes to amend the Children’s Act 2022 to remove the provisions which prohibited the court from granting a sole male applicant adoption of a child.”

Adoption order

 The new amendment is seeking to amend section 186 of the Children’s Act, which says that the court will not make an adoption order in favour of a sole male applicant unless the applicant is a blood relative of the applicant.

 At the moment adoption is also not permitted for a single male applicant without a relationship with the child or for a foreign applicant unless that applicant is a biological relative of the child.

 According to the current law those who may apply for adoption include a sole applicant or two spouses jointly.

 The law states that the Court shall not make an adoption order in any case unless the applicant has attained the age of 25 years, but is not above the age of 65 years; and the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.

 Reads the children act: “The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father or relative of the child.

Special circumstances

 In addition, acts states that the Court shall not make an adoption order in favour of the following persons unless the Court is satisfied on reasons to be stated on the record that there are special circumstances that warrant the making of the adoption order an applicant or joint applicants who has, or both have, attained the age of 65 years.

 The conditions include individuals of unsound mind the meaning of the Mental Health Act (Cap. 248), individuals incapable of exercising proper care and guardianship of a child; persons convicted by a Court of competent jurisdiction for any of the offences specified.