The Right of kinship adoptees in Kenya to inherit from their biological parents
Date
2024
Authors
Gichuki, E. M.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Child adoption is an essential tool for protecting and caring for children who are at risk, satisfying the need to form a family, maintaining cultural and religious values, and defending children's rights to a caring and nurturing home. In Kenya, kinship adoption has long been a prevalent form of alternative care, reflecting the society's strong emphasis on family and community bonds. When parents face challenges such as illness, death, or poverty, extended families often step in to provide essential support and care for children, underscoring a cultural tradition of collective responsibility for family welfare. Kenya very recently acknowledged kinship adoption as a separate type of adoption in the Children’s Act 2022. However, the absence of specific legislation addressing kinship adoption in Kenya leads to a reliance on general adoption laws, which may not be sufficient to account for the subtleties of kinship care. This reliance runs the risk of going against the child's best interest principle as the laws pertaining to non-relative adoptions might not completely take into account the particular dynamics and requirements of kinship placements. One of the vital areas in which there is a legal void is the severance of the relationship between kinship adoptees and their biological parents and the legal implications of the completion of the adoption process. This study explores the nuances of kinship adoption and succession laws by examining legislative frameworks, historical developments, and international instruments. The results draw attention to the shortcomings in the law as it stands, especially with regard to kinship adoptees' rights to inherit from their biological parents. The paper proposes legislative changes to protect these rights, such as introducing clauses to the Children's Act as well as modifications to the Law of Succession Act. Furthermore, the paper suggests the need to resolve the ambiguity surrounding kinship adoption procedures and increase public knowledge by means of educational initiatives. Overall, the study highlights how crucial it is to respect the best interests of the child principle within Kenya's legal system and guarantee fair treatment for kinship adoptees.
Description
Full - text undergraduate research project
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Citation
Gichuki, E. M. (2024). The Right of kinship adoptees in Kenya to inherit from their biological parents [Strathmore University]. http://hdl.handle.net/11071/15945