Adoption of a child in Tanzania.

 

PRELIMINARY

The adoption of children in Tanzania is governed by The Law of The Child Act[1] together with its rules and regulations made there under. A term “adoption” is not defined under the Child Act, but according to Black’s Law Dictionary[2], adoption is a legal process pursuant to state statute in which a child’s legal rights and duties toward his natural parents are terminated and similar rights and duties toward his adoptive parents are substituted. Is the creation of a parent-child relationship between persons who are naturally not biological related[3]. Once a child is adopted, all rights and duties shift from original parents to adoptive parents, and biological family members lose rights on an adopted child. Adoption of a child is a legal process which contains a number of requirements to be accomplished prior adoption, section 56 of The Law of the Child Act[4] provides a number of prerequisites as follows;

An adoption order cannot be made by court unless the applicant or in case of joint applicants, one of the applicants-

i.                 Is at the age of 25 or above and at least twenty-one years old than the child.

ii.               Is a relative of the child and is above the age of twenty-five years.

iii.             In case of application by one of spouses, the consent must be given by another spouse before adoption.

iv.              Is a single woman where the applicant is a citizen of United Republic of Tanzania with due regard to the interest of the child.

v.               A male prospective parent may not adopt a female child except in special circumstances where a court sees necessary to do so.

vi.              Prospective parents must be residing in Tanzania except for Tanzanians living abroad.

vii.            A child to be adopted must have been under care of an applicant for at least six consecutive months preceding the date of submission of application

viii.          An applicant must notify a commissioner for social welfare his/her intension to adopt a child at least three months before the date of the order.

THE ADOPTION PROCEDURE

Department of social welfare is a government body given authority to handle a number of things together with adoption of children in Tanzania. Prior adoption petition to the court of law, prospective adoptive parents have to apply to foster a child for a period of not less than three months. After grant of application to foster child and after completion of foster care period of three months, now an applicant (s) may proceed to petition for adoption order. The following are the steps to be followed by an applicant during an entire adoption process-

Step one: application for foster care.

The applicant through district social welfare office is required to fill application form for foster care of a child as per requirement of rule 4 of Foster Care Placement Regulations[5]. An applicant may also visit regional social welfare offices in case there is no district social welfare offices in his locality. An applicant is required to provide a number of details in an application form such as his/her names and contact details, three referees names who have known an applicant for at least three years and their contact details. An applicant is also required to provide details of one of his/her family member. A social welfare office will make arrangement where all referees will be interviewed concerning the character and things they know about an applicant. Prospective parents who reside outside Tanzania are required to contact district social welfare officers who are in their localities who will enable transmission of referee’s details from abroad to Tanzania.

Step two: the home study.

District or regional social welfare office will make an arrangement with an applicant for home study. Home study will include several interviews with family members of an applicant and visits at the family’s home to check the environment where a child to be adopted is going to live. The home study also intends to discover and collect details on the physical wellbeing of the adoptive parents, mental health and financial stability which are crucial components which are crucial components which will enable social welfare office to approve or disapprove application for adoption.

Step three: foster care approval

When all prerequisites are complete beginning with an application, home study and other necessary details. The district social welfare office or regional welfare office will send all the application and supporting documents to the commissioner for social welfare for the purpose of approval. When an application for foster care is approved, child identification will follow, when application is disapproved, the commissioner will give reason on disapproval and in some circumstances, he may direct subordinate officers to furnish to him some additional details pending approval.

Step four: child identification.

After an approval of foster care application by commissioner for social welfare, a district social welfare officer will identify children who meet requirements of the adoptive parents and who are eligible for adoption. Both adoptive parents and social welfare officer will work together during the entire time of appointing a child who fits needs of adoptive parents. Children with special needs are always not recommended for adoption as they have very special care for their wellbeing.

Step five: family consents and certificate of abandonment.

Section 57(1), (2) and (3) of The Law of Child Act[6] requires consent from original parents or guardians of the child before grant of an adoption application. An exception to the requirement of consent from the family is that, in case the family or guardian cannot be found or is incapable of giving consent, a child will be considered as abandoned and the court of law will proceed to give adoption order.

The district social welfare officer during the process will be required to consult police department in order to find and confirm if a child to be adopted has parents or relatives. If there are relatives, they have to give consent on adoption of that child and in case there is no parents or relatives, the police department will issue abandonment certificate on effect that a child is abandoned and has no parents or relatives to take care of him.

Step six: foster care placement.

When a child has been identified and accepted basing on criteria of adoptive parents, consent has been given or abandonment certificate has been obtained in alternative to consent, now a social welfare officer will place that particular child to adoptive parents for a foster care of a period of not less than three months. During these three months, an officer will be visiting a child regularly to see the wellbeing of a child.

Step seven: application to adopt.

After elapse of three months of foster care and basing on the wellbeing of a child who was placed for foster care, now an applicant may proceed to arrange for adoption. A district social welfare officer will be required to approve adoption or disapprove. When adoption application is approved, an applicant will proceed to petition for adoption order before court of law.

Step eight: petition and court order.

Through an advocate experienced in adoption procedures, an applicant will lodge a petition for adoption of his foster child before High Court of Tanzania main registry or zonal registries. The court of law basing on the requirement of the law of child and basing on the report submitted before it by the district social welfare office, will issue an adoption order to the applicant. After an order of the court, now an applicant is legally recognized as adoptive parent with all rights and duties on a child.

An advocate must assist a client to obtain adoption certificate or passport for foreigners who has adopted children from Tanzania.

CONCLUSION

Adoption is a permanent created child-parent relationship between two individuals who are not biological related. This process cannot be reversed, a parent or a guardian who gave adoption consent cannot later remove a child from the care and possession of an applicant except with the permission of the court basing on interests of a child. An individual who intends to adopt a child must clearly understands that, he will not be capable to refuse to take care or abandon a child, an adoptive parent will be treated as good as biological parent in rights and responsibilities imposed by the law.

 

 

REFERENCE

HANDOUT

Department of social welfare and Boona Baana Center For Children’s Rights, “Adoption in Tanzania”, Dar es salaam Tanzania.

 

STATUTES

The Law of the Child Act, [CAP 13 R.E 2019]

Children’s Homes (regulation) No 4 of 1968

 

OTHER SOURCES

ABC Attorneys, “adopting a child in Tanzania”, available at <https://abcattorneys.co.tz/adopting-a-child-in-tanzania/> accessed January 18, 2022

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[1] The Law of the Child Act, [CAP 13 R.E 2019]

[2] Black’s Law Dictionary, 1 Edition

[3] ABC Attorneys, “adopting a child in Tanzania”, available at <https://abcattorneys.co.tz/adopting-a-child-in-tanzania/> accessed January 18, 2022

[4] Ibid

[5] Foster Care Placement Regulations, GN. NO. 153 of 2012. Rule 4.

[6] ibid