CHAPTER 335
ADOPTION OF CHILDREN ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
The Adoption of Children (Fees) Regulations
The Adoption of Infants (Fees) Regulations
RULES
The Adoption of Children Rules
REGULATIONS
THE ADOPTION OF CHILDREN (FEES) REGULATIONS
(Section 23)
G.N. No. 205 of 1992
1. These Regulations may be cited as the Adoption of Children (Fees) Regulations, 1992.
2. These Regulations shall be deemed to have come into operation on the first day of July, 1992.
3. The following fees are hereby prescribed to be paid to the Registrar-General in respect of the matter specified hereunder:
|
(a) for every search in the index of the Adopted Children Register kept by the Registrar-General |
Shs. 1,000.00 |
|
(b) for every certified copy of any entry in the Adopted Children Register |
Shs. 2,000.00 |
4. Repeals the Adoption of Infants (Fees) Order, 1944 function a1(msg) { myWindow=window.open(”,”,’width=233,height=76,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*.
THE ADOPTION OF INFANTS (FEES) REGULATIONS
(Section 23)
G.N. No. 248 of 2000
[In operation on 1st July, 2000]
1. These Regulations may be cited as the Adoption of Infants (Fees) Regulations, 2000.
2. The following fee prescribed hereby is to be paid to the Registrar-General in respect of the–
Certificate of Adoption ……………………………………….> >100,000/=>
3. Revokes t>he Adoption of Infants (Fees) Regulations, 1997.
RULES
THE ADOPTION OF CHILDREN RULES
TABLE OF CONTENTS
Rule
Title
1. Citation.
2. Interpretation.
3. Application to be by petition.
4. Petition to be filed in court.
5. Who are to be served.
6. Consent in writing.
7. Mode of service.
8. Verification by Affidavit.
9. Guardian “ad litem“.
10. Notice of hearing.
11. Secrecy.
12. No copies of order.
13. Duty of guardian “ad litem“.
14. Information to be confidential.
15. Presence of parties.
16. Previous applications.
17. Supervision of child.
18. Registrar-General.
19. Costs.
20. Safe custody of documents.
21. Practice.
22. Forms.
SCHEDULE
THE ADOPTION OF CHILDREN RULES
(Section 11)
G.N. No. 321 of 1942
1. Citation
These Rules may be cited as the Adoption of Children Rules, 1942.
2. Interpretation
(1) In these Rules, unless the context otherwise requires–
“Act” means the Adoption of Children Act;
“child” means the child proposed for adoption;
“Judge” means any Judge of the High Court;
“petitioner” means the person or persons applying for an adoption order;
“Registrar” means the Registrar of the High Court and includes an acting Registrar, a Deputy Registrar and a District Registrar.
(2) The Interpretation Act function a2(msg) { myWindow=window.open(”,”,’width=233,height=69,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* shall apply to the interpretation of these Rules in like manner as it applies to the interpretation of an Act.
3. Application to be by petition
An application for an adoption order shall be made by petition to the Court instituted in the matter of the Act and in the matter of the child and the proposed adopter shall be the petitioner and the petition shall be in accordance with the form in the Schedule with such variations as the circumstances may require.
4. Petition to be filed in court
The petition shall be filed in the Court in accordance, so far as practicable, with the practice relating to Civil Procedure.
5. Who are to be served
The petition shall be served on–
(a) the parent or parents of the child;
(b) the guardian or guardians of the child;
(c) the person or persons having the actual custody of the child;
(d) the person or persons liable to contribute to the support of the child,
but the Judge may in his discretion dispense with service on any of those persons, and may in his discretion order the petition to be served on any other person.
6. Consent in writing
Every consent required under paragraphs (a) and (b) of section 5 of the Act shall be in writing and shall be in accordance with the form in the Schedule and shall be attested by one witness, who shall be either an Administrative officer or a Minister of religion, and who shall certify that he has explained the meaning and effect of the consent to the person signing the same.
7. Mode of service
Every petition, notice or document shall, unless the Judge otherwise directs, be served by an officer of the Court, or of a District Court, by delivering or tendering a copy thereof signed by the Registrar and sealed with the seal of the Court to the person to be served and the service of every petition, notice or other document shall be verified by affidavit, unless the Judge otherwise directs.
8. Verification by affidavit
The statements contained in the petition shall be verified by affidavit and there shall be exhibited to the affidavit all certificates, consents and other documents proper for proving the allegations in the petition.
9. Guardian “ad litem”
The infant shall be a respondent to the petition and as soon as practicable after the filing of the petition, the Judge shall appoint a guardian ad litem to the child; and the Registrar shall cause the petition to be served on the guardian ad litem.
10. Notice of hearing
When a guardian ad litem has been appointed, the Registrar shall appoint a day for the hearing of the petition, and shall give notice to all parties, including the guardian ad litem, of the day so appointed and the notice shall be served seven clear days before the day appointed for the hearing and shall be in accordance with the form in the Schedule.
11. Secrecy
All documents filed in the Court shall be confidential, and shall be kept secret by the Registrar and every petition and application shall be heard and determined in camera.
12. No copies of order
No copy or duplicate of any order made by the Court shall be given to or served upon any person other than the petitioner and the Registrar-General, unless the Court or the Judge otherwise directs.
13. Duty of guardian ad litem
{mprestriction ids=”1,2,3″}
It shall be the duty of the guardian ad litem to investigate as fully as possible all the circumstances of the child and the petitioner, and all other matters relevant to the proposed adoption with a view to safeguarding the interests of the child, and, in particular, it shall be the duty of the guardian ad litem to include in the investigation the following questions:
(a) whether the statements in the petition are true;
(b) whether any payment or other reward in consideration of the adoption has been received or agreed upon and whether it is consistent with the welfare of the child;
(c) whether the means and status of the petitioner are such as to enable the petitioner to maintain and bring up the child suitably, and what right to or interest in property the child has;
(d) what insurance, if any, has been effected on the life of the child;
(e) whether it is desirable for the welfare of the child that the Court should be asked to make an interim order or to impose in making an adoption order any particular term or condition or to require the petitioner to make any particular provision for the child.
14. Information to be confidential
The guardian ad litem and, where a body of persons is appointed guardian ad litem, any officer or agent of that body, shall regard all information obtained in the course of the investigation or otherwise in relation to the matter as confidential, and shall not divulge any part of it to any person except as may be necessary for the proper execution of his duty.
15. Presence of parties
The Judge may refuse to make an adoption order or an interim order unless all parties including the child attend before him, but he shall have power in his discretion to dispense with the attendance of any party including the child, and the Judge may direct that any of the parties shall attend separately and apart from the others, or that any party including the child shall be interviewed privately by himself or the Registrar.
16. Previous applications
If it appears that the petitioner has made a previous application under the Act in respect of the same child and that such application has been refused, the Court shall not make an adoption order or an interim order unless satisfied that there has been a substantial change in the circumstances.
17. Supervision of child
An interim order may provide for the supervision of the child by the guardian ad litem or otherwise as the Judge may think advisable.
18. Registrar-General
The Registrar shall in accordance with the provisions of subsection (5) of section 17 of the Act, upon the making of an adoption order, forward a sealed copy thereof to the Registrar-General in prepaid registered postal envelope marked “Confidential”.
19. Costs
The Judge may make such orders as to costs as he shall think fit and the Judge may direct that all the costs of a petition under the Act shall be borne and paid by the petitioner.
20. Safe custody of documents
The Registrar shall keep in a place of special security all petitions, consents and other documents relating to any application or order made under the Act.
21. Practice
Subject to these Rules, the rules and practice relating to the Civil Procedure Code function a3(msg) { myWindow=window.open(”,”,’width=233,height=71,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* shall apply to proceedings under the Act, so far as they are applicable.
22. Forms
The forms in the Schedule to these Rules shall be used on applications under the Act.
SCHEDULE
FORMS
(Rule 22)
FORM 1
PETITION
IN THE HIGH COURT OF TANZANIA
|
In the matter of the Adoption of Children Act, and in the matter of A.B. (name of child) of (address). |
|
The petition of C.D. of (address) [and E.D. his wife, of the same address] showeth– |
|
1. Your Petitioner(s) is (are) desirous of adopting the said A.B. under the provisions of the Adoption of Children Act. |
|
2. Your Petitioner(s) is (are) resident at ………………………………………………………………… |
|
3. Your Petitioner C.D. is unmarried (was married to your Petitioner E.D., at …………………. |
|
4. Your Petitioner C.D. is by occupation a ………………………………………………………….. |
|
5. Your Petitioner C.D. is ………………… years of age (and your Petitioner E.D. is ………………… years of age). |
|
6. Your Petitioner(s) has (have) resident with them the following persons, namely: (X.D. son aged ………………… years, Y.D. daughter aged ………………… years). |
|
7. Your Petitioner C.D. (E.D) is related to the said A.B. as follows: |
|
…………………………………………………………………… or, Your Petitioner(s) is not (are not nor is either of them) related to the said A.B. |
|
8. The said A.B. is– |
|
(a) of the …………………………… sex; |
|
(b) unmarried; |
|
(c) a child of ………………………………………………………………………………………….. of |
|
(d) a British subject; |
|
(e) ………………… years of age, having been born at ………………………………………….. |
|
(f) resident at ………………………………………………………………………………………….; |
|
(g) now in the actual custody of ……………………………………………………………………. |
|
(h) under the guardianship of ………………………………………………………………………… |
|
(i) is entitled to the following property, namely: ………………………………………………… |
|
9. ………………………………………………………………………………………………………….. of |
|
10. The said A.B. has not been the subject of an adoption order or of an application or petition for an adoption order except that (state order and application or petition, if any). |
|
11. Your Petitioner(s) undertakes (undertake), if this petition is granted, to make the following provision for the said A.B., namely: |
|
Your Petitioner(s) will, if required, secure the above provision by bond or otherwise as the Court may require. |
|
12. Consents to this petition have been obtained from the following persons, namely: |
|
(a) Parents of child; |
|
(b) Guardian; |
|
(c) Person having actual custody of child; |
|
(d) Person or persons liable to contribute to support of child; |
|
(e) Spouse of Petitioner. |
|
13. Your Petitioner(s) has not (have not nor has either of them) received or agreed to receive and no person has made or given or agreed to make or give to the Petitioner(s) (or either of them) any payment or reward in consideration of the adoption of the said A.B. (except as follows: ………………………………………………………..). |
|
14. It is proposed that the costs of this petition shall be paid by …………………………. Your Petitioner(s) prays (pray)– |
|
(a) that an order for the adoption of the said A.B. by your Petitioner(s) may be made in pursuance of the Adoption of Children Act with all necessary directions; |
|
(b) that the costs of this petition may be provided for as above-mentioned or otherwise as the Court may direct; |
|
(c) such further or other order as the nature of the case may require. |
|
Note: It is intended to serve this petition on ………………………………………………………. |
FORM 2
CONSENT TO ADOPTION ORDER
(Title as in petition) and
|
In the matter of a Petition by …………………………………………………………………………. of |
|
I, the undersigned ……………………………………………………………………………………….. of |
|
function a4(msg) { myWindow=window.open(”,”,’width=234,height=99,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* (a) the father of the said child; |
|
function a5(msg) { myWindow=window.open(”,”,’width=234,height=99,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* (b) the mother of the said child; |
|
function a6(msg) { myWindow=window.open(”,”,’width=234,height=99,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* (c) guardian of the said child; |
|
function a7(msg) { myWindow=window.open(”,”,’width=234,height=99,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* (d) a person having the actual custody of the said child; |
|
function a8(msg) { myWindow=window.open(”,”,’width=234,height=99,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* (e) a person liable to contribute to the support of the said child; |
|
function a9(msg) { myWindow=window.open(”,”,’width=234,height=99,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}* (f) the spouse of the petitioner, |
|
hereby state that I understand the nature and effect of the adoption order for which application is made [and that in particular I understand that the effect of the order will be permanently to deprive me of my parental rights]. And I hereby consent to the making of an adoption order in favour of the petitioner(s). |
|
In witness whereof I have signed this consent on the ……………………. day of ……………………. 20…….., at ……………………………………………………. |
|
(Signature) …………………………………………………. |
|
Signed by the said ……………………………………………………………… in my presence after |
|
(Signature of witness) ………………………………………………………………………………………. |
|
(Address) ……………………………………………………………………………………………………….. |
|
(Description) ……………………………………………………………………………………………………….. |
FORM 3
FORM OF NOTICE OF DAY APPOINTED FOR HEARING OF PETITION
(Title as in Petition)
|
To. ……………………………………………………………………………………………………………… of |
|
Take notice that a Petition has been presented in the above matter praying that an order may be made for the adoption of the above-named …………………………………………………….. |
|
……………………………………………………….. |
FORM 4
FORM OF ADOPTION ORDER
(Title as in Petition)
|
Upon reading the petition of …………………………………………………………………………… [and |
|
And the Court being satisfied that the allegations in the said Petition are true and being also satisfied with the undertaking of the said ………………………………………………………………… |
|
It is ordered that the said ………………………………………………………………………………. |
|
[And the following payment or reward is sanctioned, namely– …………………………………..]. |
|
And it is ordered that the parties to these proceedings other than the said …………………… |
|
And it is directed that the Registrar-General shall make an entry recording this adoption in the Adopted Children Register in the Form set out in the Schedule to the said Act. |
|
[And it having been proved to the satisfaction of the Court that the said child was born on the ……………………. day of ……………………. 20…….. and is identical with …………………………. |
FORM 5
FORM OF INTERIM ORDER
(Title as in Petition)
|
Upon reading, etc,} |
As in Adoption Order) |
|
And upon reading, etc,} |
|
|
And upon hearing, etc,} |
|
|
And the evidence, etc,} |
|
|
And the Court being satisfied that the allegations in the said Petition are true and also being satisfied with the undertaking of the said ………………………………………………………………… |
|
|
The following payment or reward is sanctioned, namely– |
|
|
And it is ordered that determination of the Petition be postponed and that the custody of the said child be given to the said …………………………………………………………………….. [and |
|
|
And as regards costs it is ordered that ……………………………………………………………… |
|
|
And any of the parties including the guardian ad litem of the said child are to be at liberty to apply as they may be advised. |
AFFIDAVIT VERIFYING PETITION
|
I, ……………………………………………………………………………………………………………., of |
|
1. The matters stated in paragraphs 1 to 7 of the Petition are true and I know the same of my own knowledge except that as regards my own age (and the age of the petitioner E.D.) I refer to the birth certificate(s) attached hereto. I also refer to the certificate of my marriage attached hereto. |
|
2. The matters stated in paragraph 8(a), (b), (f) and (g) of the Petition are true and I know the same of my own knowledge. My knowledge of the matters stated in paragraph 8(c), (d), (e), (h) and (i) of the Petition is derived from information supplied to me by ………………………………………………………………………………………………………………… of |
|
3. My knowledge of the matter contained in paragraph 9 of the Petition is derived from information supplied to me by ………………………………………………………………………………. |
|
4. The matter contained in paragraph 10 of the petition is true to the best of my knowledge, information and belief. |
|
5. The matters contained in paragraphs 12 and 13 of the Petition are true and I know the same of my own knowledge. I beg to refer to the consents of (a) …………………………………… |
{/mprestriction}
