Foreign adoption of a child
My wife and I were on holiday in Tanzania and happened to visit an orphanage. We fell in love with a set of 9 month old twins whose background story touched our hearts. We are now back in the US and made contact with the Tanzania orphanage on our desire to adopt the twins. Sadly, the orphanage informed us that this was impossible because we are not residents of Tanzania. Is this true? Our hearts are set on making these twins part of our family. Kindly guide us.
YH, USA
Adoption of a child in Tanzania is governed by the Law of the Child Act [Cap. 19 R.E 2019 (the Law of the Child). The orphanage may have not provided comprehensive information on foreign adoption as provided in the Law as there are also other conditions. While it is true that one of the restrictions on adoption provided under section 56(3) of the Law of the Child is that an adoption order cannot be made for a child unless the applicant and the child reside in Tanzania (save for a citizen of Tanzania resident abroad), foreigners can still adopt a Tanzanian child. Section 74(1) of the Law of the Child provides that a person who is not a citizen of Tanzania may adopt a Tanzania child, if (a) the child may not be placed in a foster or adoptive family or be cared for in a manner suitable for the child’s best interest while the child is in Tanzania; (b) he has stayed in Tanzania for at least three consecutive years; (c) he has fostered the child for at least three months under the supervision of a social welfare officer; (d) he does not have a criminal record in his country of origin or any other country; (e) he 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 (f) he has satisfied the Court that his country of origin respects and recognize the adoption order.
When you have fulfilled the above requirements you can make an application for adoption. Since you are foreigners, the Law of the Child requires a social welfare officer to undertake background investigation and submit a social investigation report to assist the Court in considering the application. In addition to this report, the Court may make an additional order such as requiring a social welfare officer to represent the best interests of the child; requiring a social welfare officer to prepare a social investigation report to assist the Court to determine whether the adoption order is in the best interest of the child or not; and any other matter as the Court may determine. Your lawyer can guide you further.