Petition for adoption an overview and Sample

Petition for Adoption is the must document in an adoption application. In how to adopt a child in Tanzania I explained that 
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.
 
The question which might come to your mind now is how is that petition looks like? What are the contents? Its Legal requirement? Don’t worry here you will find the answer to those questions.

What is the Petition for Adoption?

It is the primary legal document which is filled in the court of competent jurisdiction by the person who seeks to adopt a child.  This document must be accompanied by other documents to support the application.



A person who is a petition for Adoption is known as a petitioner and the child to be adopted is referred to as an infant.

 
Contents of Petition for Adoption

  • Name, age, address, and nationality of petitioner
  • Marital status of the petitioner
  • Must show if the petitioner has any other children.
  • Consent of parents or guardian of the infant
  • The current status of the infant, where is he/she live, his/her guardians
  • That the petitioner is able to take care of the child.
  • Reliefs that you seek from the court technically known as ‘prayers’



Legal Requirements of Petition for Adoption

  • Must be filled in the court of competent jurisdiction
  • Must have the contents highlighted above
  • Must be dated and signed by the petitioner
  • Must contain prayers

Failure to comply with these requirements renders your application incompetent


Sample of Petition for Adoption

The sample below will enable you to see the basic contents of the petition for adoption, arrange your facts; seek relevant orders from the court, etc.





IN THE HIGH COURT OF TANZANIA

……………………. DISTRICT REGISTRY

AT …………………

MISC. CIVIL APPLICATION NO. ……… OF …………

IN THE MATTER OF ADOPTION ORDINANCE, CAP. 335

AND

IN THE MATTER OF ……………………………..  ……………. INFANT

AND

IN THE MATTER OF ……………………………..  …………….. PETITIONER


PETITION (ADOPTION)


The petition of ……………………… and his wife ……………………. showeth:-

1.     Your petitioner is desirous of adopting the said ……………………………… under the provisions of the Adoption Ordinance.

2.     Your petitioner is a resident of ………………………. in Tanzania currently living in ……………………….

3.     Your petitioner …………………………… is by occupation a ………………… the ……………………………………………….

4.     Your petitioner is married to …………………… who is ……………………….

5.     Your petitioner ……………………… is fifty years of age and ………………. is forty years of age.

6.     Your petitioner and his wife have a resident with them the following persons namely:-

          (i) ……………………………………… (son) is ………….. years old.

          (ii) …………………………………….. (son) is ………….. years old.

7.     Your petitioner is related to the said …………………………… as follows:-

          The said …………………………. is the daughter of the petitioner’s sister in law.



8.     The said ………………………. is:-

(a)  of the female sex

(b)  unmarried

(c)  Child of ………………………… of P.O.BOX ………., ……………………. and …………………………….  (now deceased).

(d)  Twelve years of age, having born at …………………. on ……………

(e)  Resident of …………………………, Tanzania.

(f)   Now in the actual custody of …………………… of ………………………

9.     ………………………………… of P.O.BOX …………, ………………………. is liable to contribute to the support of the said …………………………………

10. The said …………………………….. has not been the subject of an application order or of an application or petition for an adoption order.

11. Your petitioner undertakes, if this petitioner is granted, to make the following provision for the said ……………………….. namely: provision for the maintenance, education, and supervision of the welfare of the said ……………………………………

12. Consents to this petition have been obtained from the following persons:

(a)  …………………………… who is the father of the infant

(b)  …………………………… who is the wife of the petitioner

13. Your petitioner has not received or agreed to receive and no person has made or given or agreed to make or give to the petitioner any payment of reward in consideration of the adoption of the said ……………………….....

14. It is proposed that the costs of this petition shall be paid by the petitioner.

WHEREFORE your petitioner prays for:-

(a)  That an order for the adoption of the said ……………………………………… by your petitioner may be made in pursuance of the Adoption Ordinance with all necessary directions.
(b)  That the costs of this petition may be provided for the above mentioned or otherwise as the court may direct.

(c)  Such further or other order(s) as the nature of the case may.



Dated at ……………………. this …………. day of …………………….., ………………


…………………………
       PETITIONER

Given under my HAND and SEAL of the court this …………. day of ………………, ……………….


           ………………………….
                   REGISTRAR


Presented for filing this …………….. day of …………………, ……………

  …………………………
  REGISTRY OFFICER



DRAWN GRATIS AND FILED BY:

ABC & COMPANY,
ADVOCATES,
P.O.BOX ………….,
...................


COPY TO BE SERVED UPON:

The Defendants


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