Appointed by the court for the child pending the hearing and determination of the adoption application.
1. Safeguard the interests of the child pending the determination of the adoption proceedings.
2. Investigate and appraise the court as to the circumstances pertinent to the adoption of the child in the prescribed manner.
3. Make recommendations as to the priority of making any interim orders or an adoption order in respect of the child.
4. Intervene on behalf of the child and arrange for the care of the child in the event of the withdrawal of any consent.
5. Undertake such duties as the court may direct.
Where arrangements for adoption of any child have been made by Child Welfare Society of Kenya, then neither the society nor any member thereof, shall be appointed guardian ad litem of the same child.
The appointment of a guardian ad litem expires upon the making of a final order by the court.
The couple must satisfy the court that the country where they ordinarily reside and where they expect to reside with the child immediately after adoption will respect and recognize the adoption order and will grant status to the child.
The couple must have been authorized and recommended as persons who are suitable (including being morally fit and financially capable) to adopt a foreign child by a competent government authority or court of competent jurisdiction in the country where they expect to reside with the child immediately after the making of the adoption order.
The court may impose such terms and conditions as it may think fit and without prejudice to the generality of the foregoing it may: –
1) Require the adopter by bond or otherwise to make think fit and without prejudice to the opinion of the court just and expedient.
2) Require the adopted to accept supervision by and advise from an adoption society specified by the court for such period as the court may specify.
3) Where the consent to the making of an adoption order is conditioned upon the child being brought up in a particular religious’ persuasion, require the infant to be brought up in that persuasion.
4) Where the adopted is not a resident of Kenya, require him/her to avail such periodical reports from a court of competent authority in the adopter’s country of residence for such period as the court may specify.
The court at the time of making an adoption order in the case of applicants for an international adoption shall appoint any person approved by the adopted and whose prior consent there to has been given in writing to be the guardian of the child in the event of the adopter(s), dying or becoming incapacitated before the child is of full age.
An adoption order or an interim adoption order may be made in respect of a child who has already been the subject of an adoption order under this act or under any other ordinance for the time being in force in any country in the commonwealth.
No body of persons shall make any arrangements for the adoption of a child under the provisions of this Act unless that body is registered as an adoption society under this part