Related documents
- Is commenced by Children (Amendment) Act, 2016 (Commencement) Instrument, 2016
- Amends Children Act
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History of this document
02 June 2016
01 June 2016 this version
20 May 2016
Assented to
Cited documents 0
Documents citing this one 11
Judgment
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A court allowed a foreign applicant to adopt an abandoned child, waiving the 12-month physical fostering requirement as being in the child’s best interests.
* Children Act – Adoption by non-citizen – statutory prerequisites under s.45 and s.46 – home study, PSWO recommendation, absence of criminal record, recognition by petitioner’s country. * Adoption procedure – locating parents – sufficiency of efforts to trace and reunite. * Best interests of the child – waiver of 12-month physical fostering requirement in exceptional circumstances.
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A court granted a paternal grandmother’s adoption, finding suitability and that adoption served the child’s best interests.
Children Act – adoption – suitability under ss.45 and 46 – non‑Ugandan adopter requirements – best interests of the child under s.3(3) – parental consent – probation and social welfare report – medical/psychiatric evidence – inter‑country adoption documentation.
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Court granted legal guardianship to foreign applicants, applying pre‑amendment law and finding it in the child’s best interests.
Family law – Guardianship of abandoned child – Jurisdiction of High Court – Non‑retrospective application of Children (Amendment) Act 2016 – Best interests of the child paramount – Appointment of foreign guardians and authorization to travel to complete adoption with registration and reporting conditions.
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Adoption is a last resort; court denied applicants' petition where children were adequately cared for by their parents.
Children Law – Adoption – jurisdiction to hear cross‑border adoption petitions; care orders and foster placement under the Children Act; welfare principle and best interests of the child; adoption as a last resort; evidentiary weight of probation and social welfare reports.
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Court allowed intercountry adoption, waiving age and fostering requirements, finding adoption to be in the child’s best interests.
Children Act – intercountry adoption; waiver of statutory requirements (21‑year age gap, one‑year fostering) under Section 14; welfare principle paramount in adoption; constructive fostering and consent of relatives; transfer and registration of parental rights.
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Court allowed intercountry adoption, waiving residency/foster requirements and ordering an open adoption in the child's best interests.
* Children Law – Adoption – intercountry adoption – exceptional circumstances to waive residency and one‑year fostering requirement.
* Child welfare – paramountcy of best interests – urgent medical need and permanence requirements.
* Parental consent and capacity – biological parents’ inability to care for child.
* Court powers – inherent jurisdiction to order open adoption arrangements despite statutory framework.
* Orders – registration, issuance of adoption certificate, extinguishment and vesting of parental rights.
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Foreign nationals who meet statutory requirements and foster a Ugandan child may adopt if adoption serves the child's best interests.
Adoption law — Children Act (ss.45–47, 46(1), 46(4)) — Exceptional adoption by non-citizens — residence and fostering requirements — consent of parent and child (14+) — best interests/welfare principle — waiver of home-country report — registration and recognition of adoption.
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Court allowed inter‑country adoption, waiving 12‑month fostering requirement due to proxy fostering and the child’s best interests.
Adoption – Inter‑country adoption requirements under Children Act (Cap 59) – 12‑month physical fostering requirement – waiver in exceptional circumstances – proxy/"constructive" fostering – welfare of the child paramount – home‑study and police clearances.
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Court granted inter-country adoption, waiving one-year residence/foster requirement as being in the child’s best interests.
* Adoption — Inter-country adoption — waiver of one-year continuous residence and fostering requirement in exceptional circumstances; constructive fostering accepted.
* Children Act (Cap 59) — best interest of the child paramount; parental consent and suitability assessments required.
* Evidence — criminal clearances, home study, probation and social welfare recommendations and bonding with child as proof of fitness.
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The High Court may sentence child offenders it tries (alone or with adults) but may not impose the death penalty.
* Children Act – sentencing of child offenders – effect of Children (Amendment) Act No.9/2016 (Section 23) on High Court powers
* Constitutional jurisdiction – High Court’s unlimited original jurisdiction (Art.139(1)) and Section 14 Judicature Act prevail
* Sentencing – prohibition of death penalty for children; High Court may impose lawful sentences other than death
* Remittal provisions (Sections 94(1)(g), 100(3)) do not oust High Court jurisdiction for children tried alone
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