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 …………………………………………………………………
in ……………………………………………………………….. Tanzania.

    3. Your Petitioner C.D. is unmarried (was married to your Petitioner E.D., at ………………….
…………………………………….. on the ……………………. day of ……………………………)

    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
(address) and ……………………………………………………………………………………….
of (address)

    (d)    a British subject;

    (e)    ………………… years of age, having been born at …………………………………………..
on ……………………………….;

    (f)    resident at ………………………………………………………………………………………….;

    (g)    now in the actual custody of …………………………………………………………………….
of ………………………………………………………………………………………… (address);

    (h)    under the guardianship of …………………………………………………………………………
of ………………………………………………………………………………………… (address);

    (i)    is entitled to the following property, namely: …………………………………………………
…………………………………………………………………………………………………………

    9. ………………………………………………………………………………………………………….. of
(address) ………………………………………………………………………………………………….. (and
………………………………………………………………………………………………………………….. of
………………………………………………………………………………….. …………………………..) are
liable to contribute to the support of the said A.B.

    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
…………………………………………………………………………………………………. for an Order for
Adoption of ………………………………………………………. the said child

    I, the undersigned ……………………………………………………………………………………….. of
……………………………………………………………………………………………………………. being–

     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
I had explained the meaning and effect of this consent and of an adoption order to him (her) and he (she) appeared to understand the same.

        (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 ……………………………………………………..
…………………………………………….. by …………………………………………………………………..
of ……………………………………………………………………………………………………….. and that
…………………………………………………………………………………………………………………… of
………………………………………………………………………………………………………………… has
been appointed guardian ad litem to the said child and that the said Petition will be heard by the Court at …………… on the ……………………. day of ……………………. at ………………….
o’clock in the ……………… noon.

………………………………………………………..
Registrar

FORM 4
FORM OF ADOPTION ORDER

(Title as in Petition)

Upon reading the petition of …………………………………………………………………………… [and
………………………………………………………………………………………….] and upon reading the
affidavits of ………………………………………………………………………………………………… and
…………………………………………………………………………………………………………… and the
exhibits thereto (refer to the affidavit filed in the matter and the exhibits thereto) and upon hearing …………………………………………………………… and the evidence of (state names and addresses of witnesses examined orally);

    And the Court being satisfied that the allegations in the said Petition are true and being also satisfied with the undertaking of the said …………………………………………………………………
and ……………………………………………………………….. as to the provision to be made for the above-named child and with the securing thereof and being further satisfied that it is for the benefit of the said child that he/she should be adopted by the said …………………………………
………………………………… and ………………………………………………………………………… and that all the requirements of the Adoption of Children Act have been complied with;

    It is ordered that the said ……………………………………………………………………………….
[and …………………………………………………………………….] be authorised to adopt the said
child.

    [And the following payment or reward is sanctioned, namely– …………………………………..].

    And it is ordered that the parties to these proceedings other than the said ……………………
……………………………………………………… [and ………………………………………………………]
do recover their costs against the said …………………………………………………………………….
[and ……………………………………………………….], such costs to be taxed by the Registrar,
and it is ordered that the said ……………………………………………………………………….. [and
…………………………………………………………………….] do pay the amount of the said costs when taxed to the Registrar of this Court within fourteen days after the date of the certificate of taxation.

    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 ………………………….
…………………………………………… to whom an entry numbered ……………………………. and
made on the ……………………. day of ……………………. 20…….. in the Register of Births for
the registration district of …………………………………. relates, it is further directed that the Registrar-General shall cause such birth entry or entries to be marked with the word “Adopted” and shall include the above date of birth in the entry recording the adoption in the manner indicated in the Schedule to the said Act.

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 …………………………………………………………………
[and ………………………………………………………………………..] as to the provision to be made
for the above-named child and with the security thereof and being further satisfied that it is for the benefit of the said child that he/she should for the present be in the custody of the said ……………………………………………………………. [and …………………………………………………] function a10(msg) { myWindow=window.open(”,”,’width=234,height=76,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}<a href="javascript:void()" style="color:#FF0000;" onclick="a10('Guardian ad litem.’)”>* and that all the requirements of the Adoption of Children Act have been complied with;

    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
…………………………………… …………………………] for the period of ………………………. from the date of this order by way of a probationary period [and subject to the supervision of function a11(msg) { myWindow=window.open(”,”,’width=233,height=82,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}<a href="javascript:void()" style="color:#FF0000;" onclick="a11('Guardian ad litem‘)”>+…………………………………………… of ……………………………………………………………………
who shall be at liberty at all reasonable times to visit and interview the child alone and to make all necessary inquiries as to the comfort and well-being of the child).

    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
……………………………………………………………………………………, Christian (Moslem, Hindu,
Pagan), make oath (solemnly affirm) and say as follows:

    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
…………………………………………………………………………………………………………….. and I
believe the same to be true. I refer to the birth certificate of the said A.B. attached hereto.

    3. My knowledge of the matter contained in paragraph 9 of the Petition is derived from information supplied to me by ……………………………………………………………………………….
of ……………………………………………………………………………………………………………. and I
believe the same to be true.

    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) ……………………………………
and …………………………………… (parents), (b) ………………………………………….. (guardian),
(c) …………………………………………………….. (actual custodian of child), (d) …………………..
…………………………………………………….. (person or persons liable to contribute to support of child), (e) ………………………………………………………. (spouse of petitioner) attached hereto.

{/mprestriction}


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