CHAPTER 278
AFFILIATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Putative father to be summoned on application of mother.

   4.   Conditions of issue of summons.

   5.   Order of maintenance, enforcement and variation of the order and distress.

   6.   Discharge of orders on marriage, etc.

   7.   Time of cessation of order.

   8.   Money to be paid to mother or custodian.

   9.   Application, appointment, claims of custodian of child, etc.

   10.   Neglect and desertion of child.

   11.   Misapplying moneys or ill-treating a child.

   12.   Appeal against order.

   13.   Forms and procedure.

   14.   Exclusion of public and prohibition of reports.

   15.   Power to make rules.

   16.   Election between remedies under Act and remedies under customary law.

CHAPTER 278
THE AFFILIATION ACT

An Act to provide for the maintenance of children born out of wedlock.

[15th July, 1949]

Ords. Nos.
42 of 1949
10 of 1950
Acts Nos.
55 of 1963
14 of 1964

1.   Short title

   This Act may be cited as the Affiliation Act.

2.   Interpretation Acts Nos. 55 of 1963 s. 68; 14 of 1964 s. 2">

   In this Act unless the context otherwise requires–

   "child" means a child born out of wedlock;

   "custodian" means a person, other than the mother or putative father of a child, who is appointed to have its custody under the provisions of this Act;

   "magistrate" means a district magistrate;

   "unmarried woman" includes a married woman who is living apart from her husband and a widow.

3.   Putative father to be summoned on application of mother Act No. 14 of 1964 s. 3">

   Any unmarried woman who may be with child or who may be delivered of a child may–

   (a)   before the birth of the child; or

   (b)   at any time within twelve months from the birth of the child; or

   (c)   at any time after the birth of the child upon proof that the man alleged to be the father of the child has within twelve months next after the birth of the child paid money for its maintenance; or

   (d)   at any time within the twelve months next after the return to Mainland Tanzania of the man alleged to be the father of the child, upon proof that he ceased to reside in Tanzania within the twelve months next after the birth of the child,

make application, by complaint on oath to a magistrate, with jurisdiction in the place in which she resides, for a summons to be served on the man alleged by her to be the father of the child, and if such application be made before the birth of the child the woman shall make a deposition upon oath stating who the father of the child is, and, subject to the provisions of section 4, such magistrate shall thereupon issue a summons to the person alleged to be the father of the child to appear before a magistrate on some day to be named in the summons.

4.   Conditions of issue of summons Act No. 14 of 1964">

   A magistrate shall refuse to issue a summons under section 3 of this Act unless he is satisfied that there is reasonable cause to believe that–

   (a)   the man alleged to be the father of the child is in truth and in fact the father of that child and that the application for a summons is made in good faith and not for any purpose of intimidation or extortion; and

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