In Tanzania, adoption is governed by the Law of the Child Act, 2009 R.E 2019 Adoption of the Child Regulations, GN 197 of 2011 and Foster Care Placement Regulations 2012 GN No. 155 of 2012. Adoption is not defined under the Law of the Child Act. However, it can be defined as creating a parent-child relationship between individuals who are not biologically related. Once a child is adopted, a permanent legal bond is created between the child and the adoptive parents. In contrast, the rights of the birth parents and biological family members are terminated
Who can adopt a Child in Tanzania?
Any person above the age of twenty-one of high moral character and proven integrity may adopt as per section 52 of the Law of the Child Act. They may be the spouses, Mother or father of the child alone or jointly with his spouse, a single woman and a relative as per Section 55 of Law of the Child Act. However, a single male may not adopt a female child except in a special circumstance, but he may adopt his son.
Prerequisites in Adoption
- Prospective parents must be residing in Tanzania
- One prospective parent must be above twenty-five years of age or at least twenty-one years older than the child.
- A non-citizen must have been a Tanzanian resident for three consecutive years
- Where an application is by one spouse, the other spouse must consent to the adoption
- Where the prospective adoptive parent is a relative of the child, he has to be above twenty-five years of age.
- A single woman may adopt; however, she must be a Tanzanian and the regard shall be in the best interest of the child.
Adoption Procedures/Process
As stated earlier, the law allows any person above the age of 21 years with high moral character and proven integrity can apply to be a foster parent to a child. Before prospective adoptive parents can apply to adopt a child, they must first apply to the Department of Social Welfare to foster the child for a period of no less than six months before submitting an application for adoption. The law is specific that the adoptive parents can either be a husband and wife, a father and mother or single applicants. However, an adoptive order shall not be made to authorise more than one person to adopt a child. Thus, the process may be as follows;
The District Social Welfare Office
The process of adopting a child in Tanzania begins by the prospective adoptive parents contacting District Social Welfare Office and speaking to the District Social Welfare Officer, who will provide the applicant with an Application to Foster Form, which must be completed before moving on to the next step.
Requirement for Referees
Upon completion of the Application Form, the applicant(s) will then provide the District Social Welfare Officer with the names and contact details of three referees. The referees must be people who have known the applicant for at least three years, and they can include friends or family members. As part of the process of adopting a child in Tanzania, the referees have to be interviewed by the District Social Welfare Officer. Prospective adoptive parents who are from overseas should provide referee details to the District Social Welfare Officer, who will liaise with International Social Services in the home country of the prospective adoptive parents in order to obtain referee letters from overseas
Requirement for Home study
Arrangements have to be made with the District Social Welfare Officer to begin to Home-Study process. The Home study will usually consist of at least four interviews with the family and a home visit by the District Social Welfare Officer. The purpose of the home study is to have a look at the prospective parents’ mental, physical and emotional health as well as financial stability.
Foster Care Approval and Child Identification
Once all of the paperwork is complete, meaning the Foster Care Application, Home study report, and other relevant supporting documents will be sent by the District Social Welfare Officer to the Commissioner for Social Welfare for approval. After approval, the District Social Welfare Officer will identify children who are eligible for adoption. Thereafter, the prospective adoptive parents and the District Social Welfare Officer will work together to identify a child who is eligible and is best suited for the prospective adoptive family.
Certificate of Abandonment and Family Consent
The District Social Welfare Officer will liaise with the Police Department in order to confirm whether the child has any living relatives. In circumstances where no living relatives can be located, the Police Department will issue a Certificate of Abandonment. When family members are located and consent to adopting the child, formally written consent must be obtained.
Application to Adopt
After three months of a successful foster period, an official request to adopt the child may be made by the prospective adoptive parents. If the Social Welfare Officer approves the request, then the District Social Welfare Officer will submit a recommendation and a report to the commissioner of Social Welfare.
Petition to Adopt
A petition will be lodged by an assigned advocate to legally adopt the foster child and obtain a court order from the High Court as provided for under section 55 of the Law of the Child Act.
Certificate of Adoption
After due consideration, the High Court may issue an Adoption Order, which is provided for under section 59 of the Law of the Child Act. The assigned advocate must also obtain an Adoption Certificate for the adopted child. Tanzanian citizens are advised to apply for a passport for their adopted child and non-Tanzanian citizens are advised to seek advice (preferably prior to an application to foster a child) from their Embassy or home country regarding citizenship and passport issues concerning their adopted child.
Limitations of Adoption
- A foster parent is not allowed to adopt more than three children at once unless, otherwise, the Court satisfies itself that it is in the best interest of the children.
- Where the foster parent is above fifty years of age, the Court will determine the suitability of the adoption, putting into consideration the age of the child. Where the child is below ten years old, then the adoption is considered not to be in the best interest of the child unless proved otherwise by the Social welfare officer.
- A single male may not adopt a female child except in a special circumstance, but he may adopt his son.
- After the petition has been granted and the petitioner has obtained the copy of the Ruling, proceeding, adoption order and schedule, then after he can apply for an adoption certificate and for a new birth certificate from the Registration, Insolvency and Trusteeship Agency (RITA).
- If the foster parents live abroad and want to take the child along with them to live abroad, they shall therefore apply to the Court which granted the petition for removal order of the child, then if granted then now the foster parent can take the child abroad with him.
The test for fairness of reasons
Conclusion
After adoption, the adoptive parent shall assume parental responsibilities with respect to custody, maintenance and education. The adoptive child will have the right to inherit from his adoptive parents with or without a will: however, they will not have the right to inherit from their biological parents. Moreover, after adoption, an adoptive parent assumes all the responsibilities and roles towards the adopted child as if he was his or her biological parent. It is important to note that adoption is a complex legal process that requires the involvement of several government agencies, including the Ministry of Home Affairs, the Immigration Department, and the High Court. It is advisable to seek the assistance of a reputable legal adviser specialised in adoption to guide you through the process.
Disclaimer
This Article has been prepared for general guidance on matters of interest only and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty, either express or implied, is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law. AVC & Partners (Advocates), its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining from acting, in reliance on the information contained in this publication or for any decision thereto.
