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
[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
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