How to Adopt a Child in Tanzania?

    One among the means were people can build a family in this world is through adoption. 

    The uniqueness of this way is that it does not involve biological processes but the court process. 

    Here you will learn about adoption law and how a person may adopt a child in Tanzania.

    Adoption Laws in Tanzania



    The fundamental laws which govern adoption issues in Tanzania is Part VI of the Law of the Child Act, 2009 (The Law) and Adoption of the Child Regulations, 2011.

    Who is a child in Tanzania?

    According to Section 4 (1), the Law of the Child Act, 2009 A the person below the age of eighteen years shall be known as a child. 

    What is Adoption?

    The law above does not define what adoption is. 

    However, according to Black’s Law Dictionary adoption is 

    the creation of a parent-child relationship by judicial order between two parties who are unrelated; the relation of parent and child created by law between persons who are not, in fact, parent and child”.

    Can you adopt Your Relative?

    The answer is yes. The law allows a child to be adopted by his/her relative. This kind of adoption is known as open adoption.
     

    Can a Foreigner Adopt a Tanzanian Child?



    Yes. The law allows a foreigner to adopt a child in Tanzania by following the prescribed requirements.

    How to Adopt a Child in Tanzania

    Generally, a person who wishes to adopt a child in Tanzania must file an application (petition) in the high court of Tanzania and in case of an open adoption can file his/her application in the Resident Magistrate Court or District Court.

        Who May Apply For Adoption in Tanzania

    Generally, an application for an adoption order may be made jointly by
    •  a husband and his wife
    •  Mother or father of the child alone or jointly with his spouse.
    •  A single woman (must be a citizen of Tanzania)
    • A relative.

    These people must be above twenty-five years of age and at least twenty-one years older than the child.


    Conditions for a Foreigner to Adopt a Child in Tanzania


    A person who is not a citizen of Tanzania may adopt a Tanzanian child, if
    • The child may not be placed in a foster or an adoptive family or be cared for in a manner suitable for the child's best interest while the child is in Tanzania.
    • He/she has stayed in Tanzania for at least three consecutive years;
    • He/she has fostered the child for at least three months under the supervision of a social welfare officer.
    • He/she does not have any criminal record in his country of origin or any other country.
    • He/she has a recommendation concerning his suitability to adopt a child from his country's social welfare officer and other competent authority of his permanent country of residence.
    • He has satisfied the court that his country of origin respects and recognizes the adoption order.


    For an application for adoption by a foreigner, the social welfare officer shall be required to undertake background investigation and submit a social investigation report to assist the court in considering the application.

     Documents Required to Support Adoption Application

    • Child’s Birth Certificate.
    • Child’s parents /guardians Consent to Adoption.
    • Death Certificate of the Child’s Mother (if applicable).
    • Mother’s/Father’s Medical Report (if applicable)
    • Birth Certificates.
    • Petitioners Marriage Certificate.
    • Petitioners Passports.
    • Petitioners Resident Permits.
    • Recommendation letter from Petitioners Country of Origin (in case of foreigners).
    • Proof from Petitioner’s country of origin that Adoption Orders issued in Tanzania is legally recognized and/or binding in the Petitioner’s country of origin.
    • Reasons behind the Petitioner's application for adoption.
    • Proof of the Petitioner's ability to take care of the child.
    • Petitioners’ Affidavits verifying the Petition.
    • Particulars of other children living with the Petitioners.

    Adoption Order & Adoption Certificate


    An adoption order is the order of the court to allow or to refuse the adoption application. 

    In case the court allowed the application, the adoptive parent has to seek adoption certificate from Registration, Insolvency and Trusteeship Agency (RITA).


    Effect of Adoption

    • The rights, duties, obligations, and liabilities including those under the customary law of the parents of the child or guardian ceases.
    • The adoptive parent of the child shall take over all the parental rights, duties, obligations, and liabilities of the child with respect to custody, maintenance and education as if the child was born to the adoptive parent in lawful wedlock and was not the child of any other person. 
    • The adopted child can inherit the estate of an adoptive parent when dies intestate (without left a will) as a natural child.
    • An adopted child cannot inherit the estate of his biological parents.

    Final Remarks

    It is an offense under the Law for any person to publish or to advertise in any means whatsoever information indicating the parent or guardian of a child desires to cause the child to be adopted, a person desires to adopt a child, or a person is willing to make arrangements for the adoption of a child.

    A lot of people want to know this, Please spread this knowledge by sharing this post. Sharing is caring.

    The following are other legal issues you may like to know in Tanzania. You may read;

  •  Section 13 and 17 of the Law of Marriage Act declared unconstitutional in Tanzania

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