It is true that the constitution forbids discrimination on grounds of sex and gender. However, it may not be possible for you to adopt a child as a gay couple following provisions of the Children Act 2001.
Section 158 of the Act lists gays amongst people who cannot secure orders from the High Court to adopt children.
Others who cannot legally adopt children include:
1. Joint applicants who are not married to each other
2. People suffering from mental illnesses
3. Those that have been charged and convicted in court
READ MORE
Let us all strive to make the future of our children better
Kenyan pupil amplifies children's voice at COP29
4. A sole foreign male applicant
The High Court issues adoption orders following:
1. Applications by two spouses where one or both of them has attained the age of 25.
2. The applicant is at least 21 years older than the child but has not attained the age of 65,
3. Is a father, mother or relative of the child.
Legally, no arrangement can be commenced for the adoption of a child unless the baby is at least six-weeks-old and has been declared free for adoption by a registered adoption society.
The Children Act is the law that you can refer to on adoption as it mainly provides for matters involving children like adoption, parental responsibility, fostering, custody, maintenance, guardianship, care and protection of children.
