Adoption in Kenya remains one of the most tricky legal processes. It is filled with intrigues, twists and turns. For starters, you cannot adopt a child of the opposite sex. It is also tricky given that single individuals are shunned to avoid the possibility of abuse of the minor.
If you add to that divorce proceedings, you have an unholy trifactor that would complicate adoption beyond your wildest nightmare! That is why when I saw a report about Prezzo having adopted a child, I was skeptical. Not because his character is being called to question, but because I am aware of the legal hurdles you must jump before getting to adopt.
And yet, the rapper took to his IG account to tell all and sundry that he had indeed added a new member to his CMB family:
I feel L.O.V E#GraceCommunityChildrensHome The youngen I am carrying is now the newest member of CMB. Ladies & Gentlemen meet Gabriel Prezzo #Rapcellency#TrulyUnruly #? جاكسون مكيني?
That was the caption posted. Legally however,
“prospective adoptive parents must reside in Kenya with the child for at least three months before legal procedures begin. Adoptive parents must submit post adoption reports on the child’s welfare (with pictures) for five years, every three months for the first 2 years immediately following the adoption and then every 6 months for the last three years. Post adoption reports are submitted to the adoption society that was initially identified by the prospective adoptive parents.”
Add this to the mix:
- Residency Requirements: After the placement, the prospective adoptive parents must reside in Kenya with the child for at least three months before Kenyan legal procedures begin. Although some legal adoption steps can be initiated before the three months period has been completed, and must be initiated under Hague, most of the legal work will only begin after the three month “homestay” with the child is finished.
- Age Requirements: One of the applicants must be more than 25 years old and more than 21 years older than the child and less than 65 years.
- Marriage Requirements: Adoption orders will not be granted to a single male applicant. However, for single female applicants, the courts make a determination when there are special circumstances. Under Kenyan law, adoption orders will not be granted to joint applicants not married to each other.
- Other Requirements:
- The applicants can be a relative.
- Prospective adoptive parents must be of sound mind, as defined by the Kenyan Mental Health Act.
- Under Kenyan law, adoption orders will not be granted to applicant(s) who have been charged and convicted by a court of competent jurisdiction for or of any offence against children under Kenyan laws. (Note: USCIS also requires a criminal background check to be done on all petitioners and may find families ineligible as well).
- Under Kenyan law, adoption orders will not be granted to gay and lesbian individuals or couples.