In Re: Michael (An Infant) (HCT-00-FD-FC-0072-2009) ((An Infant)) [2009] UGHC 40 (24 June 2009);


Search Summary: 

The applicants, a married couple, were United States citizens residing at  1400 Thayer Drive, Phenix City, Alabama 36867 in the United States of America. They are seeking an order of guardianship in respect of one infant, Michael. Michael was abandoned at Jinja Tax park on 8th November 2008 by unknown persons. Michael was handed over to the police officers at the Taxi park. The Senior Probation Officer, Jinja requested Amani Baby Cottage, Jinja, an orphanage, to take responsibility for the baby on 10th November 2008. Subsequently on 30th March 2009 a care order was issued by the Family and Children Court of Jinja committing Michael to the Director, Amani Baby Cottage for an unspecified period.

 Whle allowing the application for guardianship court noted that what is needed for te infant and many other infants in his position is a home with loving parents and a family. This infant is being provided an opportunity to grow up in a loving family environment to be provided by the applicants. The infant’s current circumstances as a resident of an orphanage are only intended to be temporary, pending the availability of a suitable home in which this infant can be raised. The fate of the infant’s parents is not known.


He noted that no governmental support, be it local or central, is available for the care and upkeep of the infants generally or specifically in the case of this child. Right now it is under the care of a local non-governmental organisation. There is no offer from Ugandans or non-Ugandans resident in Uganda to take up the responsibility of looking after this infant. I find therefore that exceptional circumstances exist for an order to be made in favour of non citizens who are the only viable alternative.

Headnote and Holding: 

Court was  satisfied that it is in the infant’s best interests to grant rather than refuse this application.


Accordingly an order of legal guardianship of Micheal to the applicants was granted. 



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