CHAPTER 335
ADOPTION OF CHILDREN ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
MAKING OF ADOPTION ORDERS

   3.   Power to make adoption orders.

   4.   Restrictions on making adoption orders.

   5.   Consent to adoption.

   6.   Evidence of consent of parent or guardian.

   7.   Functions of Court as to adoption orders.

   8.   Interim orders.

   9.   Adoption order in respect of a child previously adopted.

   10.   Appeal.

   11.   Power to make rules and procedure.

PART III
EFFECTS OF ADOPTION ORDERS

   12.   Rights and duties of parents and capacity to marry.

   13.   Affiliation orders, etc.

   14.   Intestacies, wills and settlements.

   15.   Provisions supplementary to section 14.

PART IV
REGISTRATION OF ADOPTION ORDERS

   16.   Adopted Children Register.

   17.   Registration of adoptions.

   18.   Amendment orders and rectification of Registers.

PART V
ADOPTION OF SOCIETIES

   19.   Restriction on making arrangements for adoption.

   20.   Registration of adoption societies.

PART VI
GENERAL PROVISIONS

   21.   Prohibition of certain payments.

   22.   Restriction upon advertisements.

   23.   Power to make regulations.

   24.   Exemption.

   25.   [Repeal of R.L. Cap. 14.]

SCHEDULES

CHAPTER 335
THE ADOPTION OF CHILDREN ACT

An Act to provide for the adoption of children and for related matters.

[1st January, 1955]

Ord. No. 42 of 1953
[R.L. Cap. 335]
Acts Nos.
29 of 1967
4 of 1968
G.N. No. 48 of 1962

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Adoption of Children Act.

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "adoption order" has the meaning assigned to it by section 3 of this Act;

   "child" means a person under twenty-one years of age, but does not include a person who is or has been married;

   "Court" means the High Court;

   "East Africa" means the United Republic, Kenya and Uganda;

   "father" in relation to a child born out of wedlock, means the natural father;

   "guardian", in relation to a child, means a person appointed by deed or will or by a court of competent jurisdiction to be the guardian of the child;

   "interim order" means an order under section 8 of this Act;

   "Minister" means Minister responsible for legal affairs;

   "prescribed" in Part II of this Act, means prescribed by rules made by the Court under section 11, and elsewhere than in Part II of this Act, means prescribed by regulations made by the Minister under section 23 of this Act;

   "registered adoption society" means a body of persons registered as an adoption society in accordance with the provisions of Part V of this Act;

   "Registrar-General" means the Registrar-General of Births and Deaths appointed under section 3 of the Births and Deaths Registration Act * ;

   "relative", in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the full blood, of the half-blood or by affinity, and includes–

   (a)   where an adoption order has been made in respect of the child or any other person under this Act or any other law relating to adoption for the time being in force in East Africa or the United Kingdom, any person who would be a relative of the child within the meaning of this definition if the adopted person were the child of the adopter born in lawful wedlock;

   (b)   where the child is illegitimate, the father of the child and any person who would be a relative of the child within the meaning of this definition if the child were the legitimate child of his mother and father;

   "United Kingdom" means Great Britain and Northern Ireland.

   (2) For the purposes of this Act a person shall be deemed to make arrangements for the adoption of a child if, not being a parent or guardian of a child, he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected, or is intended to be effected, in pursuance of an adoption order or otherwise, or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of an agreement or the making of any agreement therefor, or if causes another to do so.

PART II
MAKING OF ADOPTION ORDERS (ss 3-11)

3.   Power to make adoption orders

   (1) Subject to the provisions of this make Act, the Court may, upon an application made in the prescribed manner, make an order, in this Act referred to as an adoption order, authorising the applicant to adopt a child.

   (2) An adoption order may be made on the application of two spouses authorising them jointly to adopt a child.

   (3) An adoption order may be made authorising the adoption of a child by the mother or father of the child, either alone or jointly with her or his spouse.

4.   Restrictions on making adoption orders

   (1) An adoption order shall not be made in respect of a child unless the applicant or, in the case of a joint application, one of the applicants–

   (a)   has attained the age of twenty-five and is at least twenty-one years older than the child; or

   (b)   has attained the age of twenty-one and is a relative of the child; or

   (c)   is the mother or father of the child.

   (2) An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant who is a male, unless the court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order.

   (3) Except as provided by subsection (2) of section 3 of this Act, an adoption order shall not be made authorising more than one person to adopt a child.

   (4) Subject to the provisions of section 5 of this Act, an adoption order shall not be made–

   (a)   in any case, except with the consent of every person who is a parent or guardian of the child or who is liable by virtue of any order or agreement to contribute to the maintenance of the child;

   (b)   on the application of one of two spouses, except with the consent of the other spouse.

   (5) An adoption order shall not be made in favour of any applicant who is not resident in Tanzania or in respect of any child who is not resident within East Africa.

   (6) An adoption order shall not be made in respect of any child unless the child has been continuously in the care and possession of the applicant for at least three consecutive months immediately preceding the date of the order.

5.   Consent to adoption

   (1) The Court may dispense with any consent required by paragraph (a) of subsection (4) of section 4 of this Act if it is satisfied–

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