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
Steps
- To adopt or place a child legally, go through an accredited adoption society; the adoption is then made by a court.
- 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.
- 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)
- Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement No. 119 childrenservices.go.ke · read 4 Oct 2026
- Counter-Trafficking in Persons Act (No. 8 of 2010) new.kenyalaw.org · read 3 Oct 2026
- Services childrenservices.go.ke · read 3 Oct 2026