Ask Gava
Kiswahili
← Births and family

Is it legal to pay for a child or give away a baby informally?

Children Act, 2022; Counter-Trafficking in Persons Act, 2010 · sources read 4 Oct 2026

No. Arranging an adoption before the child is declared free for adoption, handing a child to someone not qualified to adopt, or paying or taking money for an adoption is a crime, with up to 3 years in prison, a fine of up to KSh 1 million, or both. Doing it for trafficking carries at least 30 years.

Where
National Child Helpline 116, a Children's Office, or the nearest police station
Go to the official site

Steps

  1. To adopt or place a child legally, go through an accredited adoption society; the adoption is then made by a court.
  2. To report a child being sold, given away or offered informally, call the National Child Helpline 116 (free, 24 hours) or go to a Children's Office or police station.
  3. If you suspect trafficking, report it on 0800 722 203.

Watch out

  • A child cannot be lined up for adoption before six weeks old, even with the mother's agreement.
  • Not every payment is banned: payments the adoption court approves, a lawyer's fees for the adoption case, and fees set for adoption societies are allowed.
  • If a child is adopted, fostered or offered for guardianship for trafficking, the penalty is at least 30 years in prison, a fine of at least KSh 20 million, or both.

Who this covers

  • Everyone: parents, guardians, adoption societies and anyone else. It protects every child before an adoption order is made.
  • The ban on payments covers the adopter, the child's parent or guardian, and anyone who arranges the adoption.
Official sources (3)
  1. Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement No. 119 childrenservices.go.ke · read 4 Oct 2026
  2. Counter-Trafficking in Persons Act (No. 8 of 2010) new.kenyalaw.org · read 3 Oct 2026
  3. Services childrenservices.go.ke · read 3 Oct 2026

Was this helpful?

Share on WhatsApp · Report a mistake

Don't include your ID number or KRA PIN. We remove them if you do.