Parental care and protection

In Re: Bakhita Nakiberu (A Child) (HCT-00-FD-FC-0067-2009) ((A Child)) [2009] UGHC 44 (18 June 2009);

Flynote: 

Search Summary: 

The applicants, a married couple, are United States citizens residing at 2320 Scot Lane, Aurora Illinois in the United States of America. In this application they are seeking a guardianship order in respect of Bakhita Nakiberu hereinafter referred to as the child. The child was born on 13th June 2004 to Richard Kiberu and Night Nalubwama. The mother abandoned the child with the father 2 months after its birth. The applicants apply for legal guardianship under Article 139(1) of the Constitution, Sections 14 of the Judicature Act, Sections 2, 3, 4 and 5 of the Children Act, Section 98 of the Civil Procedure Act and Order 52 Rules 1 and 3 of the Civil Procedure Rules.

 

 

Court was satisfied that the applicants, on the facts available, were suitable adoptive parents.

 

Headnote and Holding: 

Court held that what is needed for this infant and many other infants in her position is a home with loving parents and a family. This child is being provided an opportunity to grow up in a loving family environment to be provided by the applicants. The child’s family circumstances are from being conducive for this child’s normal development. No governmental support, be it local or central, is available for the care and upkeep of vulnerable children suffering want of care generally or specifically in the case of this child. I find therefore that exceptional circumstances exist for an order to be made in favour of non-citizens who are the only viable alternative.

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

 

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

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