Adoption Process In Tanzania

By Adv. Angelista Nashon and Ms Elaine Bawazir

What is adoption?

Adoption is the legal process of taking another’s child into your own family and treating them as your own child, with all the associated rights and responsibilities. According to the law of the Childs Act, there are two forms of adoption; open adoption and foster adoption. Open adoption refers to adoption by a relative, and is initiated through the Magistrate’s Court or District Court or the Juvenile Court which is also vested with jurisdiction to entertain matters that concern a child while foster adoption is a form of adoption which is done after identifying and selecting a child for foster care and then later on petition with the High Court for adoption.

Who can adopt?

In Tanzania, the law sets pre-requisites and eligibility criteria for who can adopt, whether it is open or foster adoption. The criteria for adoption can generally be categorised into Residency, Age and marital status at the time of adoption.

Eligibility Criteria for adoption by a Tanzanian citizen.

1. Residency:
   1. Prospective parent must reside in Tanzania.
   1. Non-citizen must have been residents in Tanzania for three (3) consecutive years.
   1. This requirement does not apply to Tanzanian citizens residing abroad. [section 56 (3) (a) of the Law of the Child Act]
2. Age:
   1. One prospective parent must be above twenty-five years of age or at least twenty-one years older than the child. [section 56 (1) (a) of the Law of the Child Act]
   1. If the prospective adoptive parent is a relative of the child, he or she must be above twenty-five years of age. [section 56 (1) (b) of the Law of the Child Act]

• Marital Status and Consent:
  • If one spouse applies for adoption, consent must be sought by the other spouse. [section 56 (1) (c) of the Law of the Child Act]
  • A single woman may adopt; provided she is Tanzanian, and the adoption is in the best interest of the child. [section 56 (1) (d) of the Law of the Child Act]
  • It is important to note that no adoption order shall be made in favour of a person who is in civil relationship or marriage. [section 58 (3) of the Law of the Child Act].

4. Eligibility Criteria for adoption by a Foreigner.

A person who is not a citizen of Tanzania may adopt a Tanzania child if- 

• The child cannot be placed in a foster or adoptive family or be cared for in a manner suitable for the child’s best interest while in Tanzania; 
  •  The foreigner has stayed in Tanzania for at least three consecutively years; 
  • The foreigner has fostered the child for at least three months under the supervision of a social welfare officer; 
  • The foreigner does not have a criminal record in his country of origin or any other country; 
• The foreigner has satisfied the Court that his country-of-origin respects and recognizes the adoption order.
  • The foreigner 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 and subject to the above requirements, the Court may grant an adoption order if it is in the best interest of the child. 

• The Process of Adoption in Tanzania: A Step by-Step Guide.

The adoption process is lengthy and involves state intervention to ensure the child’s welfare. And this is because the welfare of the child is paramount and at all times, any decision must be aimed at securing the best interest of the child.  Here is a step-by-step guide on how the adoption process is carried out in Tanzania.

1^st STEP: Application for Foster Care

• Apply to the Department of Social Welfare to foster the child for a period of not less than six months. [section 56 (3) (b) of the Law of the Child Act and regulations 4,5 of the Foster Care Placement Regulations GN No. 153 of 2012]. The application is first done by visiting a District Social Welfare Office and obtain an application form for foster care.

• For the Application to be complete, the applicant must provide details of at least three referees who will be interviewed by the District Social Welfare Officer [regulation 6 (4) (a) of the Adoption of the Child Regulations GN No. 197 of 2011].

• Prospective parents who are foreigners should provide referee details to the District Social Welfare Officer who will liaise with international social services in the home country of the prospective parent so as to obtain reference letters from them.

2^ND STEP: The Home study

• The District Social Welfare Officer will conduct interviews and home visits during foster care period.
• This includes typically at least four (4) interviews with the family, including at least one visit to the family’s home.
• Evidence of the prospective adoptive parents’ good physical, mental and emotional health as well as financial and marital (in the case of married couples) stability may be assessed.
• The Commissioner for Social Welfare shall review the application documents and any other supporting evidence and shall either approve or deny the application.

3^RD STEP:  Child Identification

After the Commissioner for Social Welfare has approved foster care application the District Social Welfare Office will identify children who are eligible for adoption and who meet the criteria of the prospective adoptive parents.

4^TH STEP: Obtaining a Certificate of Abandonment or Family Consent

• The District Social Welfare Officer will liaise with the police department in order to confirm whether the child has any living relatives. If no living relative is found, a certificate of Abandonment shall be issued.
• If family members are present and are to be located, formal written consents must be obtained.

5^TH STEP:  Foster Care Placement

• After the child is identified and accepted by the prospective parent, the District Social Welfare Officer will place the child under the home and care of the prospective parent for foster care for six months.
• During this period, the District Social Welfare Officer will continue to visit the child and prospective parent to monitor the child’s welfare and the relationship between the child and the prospective parent.

6^tTH STEP: Petition to Adopt

• An application to adopt is made after 6 months of a successful foster period and is by a way of Petition. 
• Before submitting the petition, the prospective parent needs to seek approval for adoption from the Commissioner of social welfare.
• To do this, the prospective parents shall meet with the District Social Welfare Officer to seek for approval for an application to adopt. If the District Social Welfare Officer approves, he or she will submit a recommendation and report to the Commissioner of Social Welfare.
• It is important to maintain a close communication with social welfare because they will submit a report to the Court in their capacity as the Court-appointed Guardian ad litem (Guardian) of the child.

7^TH STEP: Adoption Certificate and Passport

• If the Court is satisfied that the prospective parent has met all the requirements and it is in the best interest of the child for an adoption order to be granted, the same shall be issued.
• After a successful adoption order is pronounced by the Court it is essential to obtain an adoption certificate for the adopted child from the Registration, Insolvency, and Trusteeship Agency (RITA).
• For non-Tanzanian Citizens they are advised to first seek advice from their embassies before embarking on the journey to foster a child or adopt a child.

BUT, why State Intervention?

As we have seen, the adoption process is lengthy and complex and involves multiple government institutions such as the Ministry of Home Affairs (District Social Office), the Immigration Department, and the High Court. Some of the reasons why this is important are:-

• Children are considered a vulnerable group, and the state intervenes to protect them from potential harm, injustice or inequality.
• The best interest of the child is paramount; encompassing their basic needs, (food, water, clothing, sleep and shelter) and safe environment.
• State intervention aims to prevent child trafficking and abuse and ensure the child’s constitutional rights are observed.
• It also helps to ensure that the constitutional rights of the child are observed, such as the right to grow with parents or Guardians and right to be protected from abuse and harmful practices.

CONCLUSION

The Tanzanian adoption process is a carefully designed system prioritizing the child’s well-being. It involves significant state oversight to ensure ethical adoptions and stable placements. While lengthy, the process aims to provide vulnerable children with loving, secure homes and a permanent family, transferring all legal rights and responsibilities to the adoptive parents.

Note: The information provided in this write-up is for general information purpose only. It does not and is not intended to constitute legal advice or substitute seeking of professional guidance.

Disclaimer

This article is not intended to replace professional advice. No one should rely exclusively on the information provided as a substitute for seeking professional advice. The writers or the Firm are not liable for any use of the information contained herein and do not guarantee the accuracy of its contents from the date of publication to the date of usage. For contact: angelista@africorp.co.tz or info@africorp.co.tz

AfriCorp Attorneys

Phone Number: +255 22 211 0660
Amverton Office Park, Plot No 64 Lugalo Street
Dar es Salaam, Tanzania