Before we proceed, it is best to acquaint ourselves with the concept of “adoption” in accordance with the provisions of the Law of the Child Act, Chapter 13, Revised Edition of 2019 (hereinafter referred to as “the Act”) of the Laws of the United Republic of Tanzania.
What does adoption entail? It encompasses the placement of a child's well-being, care, and support to individuals (referred to as foster parents) other than the child's biological parents, provided they are willing and capable of assuming these responsibilities.
What are the Laws Governing Adoption in Tanzania?
Adoption of a child is governed primarily by the Act, and the Adoption of the Child Regulations of 2011 (hereinafter referred to as the “Regulations”).
Types of Adoption
The Act delineates two forms of adoption: (1) open adoption and (2) foster adoption. Open adoption involves a relative of the child applying for the process at the Resident Magistrate’s Court or the District Court. Conversely, foster adoption is facilitated through the High Court of Tanzania. In this procedure, a child is placed in a foster home, where the foster parent assumes all parental responsibilities for the adopted child.
Who can Adopt?
Section 56 of the Act sets out requirements to be met by a person who intends to adopt a child. These include: (1) the applicant should be 25 years and above and must be at least 21 years older than the adopted child, (2) the applicant is a relative of the child and is above the age of 25, and (3) there is consent from the other spouse in case the applicant is married and that if the applicant is a single woman, she must be a Tanzanian citizen.
The Act requires that the applicant and the adopted child should reside in Tanzania unless the applicant is a Tanzanian citizen residing overseas. Furthermore, the law also requires the child to have been in continuous care of the applicant for at least 6 months or more, before the date of the application for adoption is made before a Court.
Can a non-citizen adopt a child in Tanzania?
Section 74 of the Act provides that, a non-citizen must have been a resident in Tanzania for at least three consecutive years and has fostered the intended child for at least three months under the supervision of a social welfare officer. Further, the non-citizen has to have a recommendation concerning his/her suitability to adopt a child from his/her country’s social welfare officer and other competent authority of his/her permanent country of residence. The foreign applicant must also come from a country whose legal regime recognizes the Tanzanian adoption order.
What are the laid-out procedures for Adoption?
The procedure governing adoption of a child begins by an application to the Commissioner for Social Welfare who forwards the application to the District Social Welfare Office. The applicant is then required to fill out an application form to foster the child. The applicant will be expected to give the District Social Welfare Office three referees who will be interviewed by a Social Welfare Officer to ascertain the eligibility or suitability of the applicant.
Subsequently, a Social Welfare Officer will conduct a home investigation, conduct multiple interviews to evaluate the potential living conditions of the child and preparing a corresponding report.
If the Social Welfare Officer deems the inquiry satisfactory, a recommendation will be submitted to the Commissioner for Social Welfare, and an eligible child will be matched with the applicant(s). Subsequently, the Social Welfare Officer will collaborate with the Police Department to ascertain if any relatives are asserting custody of the child. If such claims exist, consent must be obtained for the child's adoption. Following this, the Police Department issues a Certificate of Abandonment, effectively extinguishing the rights of the child's previous relatives.
The child will then be put into foster care for a period of not less than three months, where there will be continual supervision by the Social Welfare Officer. When all requirements are adequately met, a Chamber Application supported by an Affidavit accompanied by a Petition for Adoption will be lodged at the High Court of Tanzania (or at the Resident Magistrate’s Court or in the District Court) to obtain an adoption order.
During the hearing of the Application, a Social Welfare Officer shall present the Social Investigation Report to the Judge and/or Magistrate, and all its annexures and the foster parent(s) shall present reasons before the court as to why there are suitable candidates to adopt the child.
What are the legal implications once the adoption order is granted by a court?
The adoption procedure transfers all rights of the adopted child from the biological parents or relatives to the foster parents, who take on full responsibility of the child. In the case of married applicants, they are obligated to undertake the responsibilities of the adopted child, encompassing custody, financial support, and education, similar to those of a biological parent.
By Said Nassor - Advocate
Note: This is not a legal opinion, and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.
