Adoption
Part VI of the Law of the Child Act, Cap. 13 (ss. 52 to 76) covers foster care and adoption on Mainland Tanzania. An application for an adoption order goes to the High Court, while an 'open adoption' by a relative may be brought in a resident magistrate's or district court (s. 54(1)); husband and wife may apply jointly, and so may a mother or father alone or with a spouse (s. 55(1)). Tanzania is neither a party nor a signatory to the 1993 Hague Intercountry Adoption Convention according to the HCCH status table updated on 17 June 2025, so no Convention channel exists. Zanzibar has a separate regime in Part VIII of its Children's Act, No. 6 of 2011.
Section 56(1) lists, as alternatives joined by 'or', who qualifies on the Mainland: an applicant of at least 25 who is also 21 years older than the child, a relative above 25, a spouse whose partner has consented, or a single Tanzanian woman, always with due regard to the child's best interests; a man may adopt on his own only his son, unless special circumstances warrant an order (s. 56(2)). The applicant and the child must both reside in Tanzania, except for a citizen living abroad; the child must have been in the applicant's continuous care for six months before the application and for three months before the order; and the Commissioner must be told at least three months before the order (ss. 56(3) and 59(5)). Parental or guardian consent is required unless the court dispenses with it because the person neglected or persistently ill-treated the child, cannot be found, is incapable of consenting or withholds consent unreasonably (s. 57); a child of 14 or more must consent himself or herself (s. 59(1)(c)); and a social investigation report by a social welfare officer is mandatory (s. 59(2)). The court may first grant an interim order of up to two years, under a social welfare officer's supervision, with the child not to leave Tanzania without leave (s. 60).
An adoption ends the birth parents' rights and duties, including those under customary law, and gives the adopter those of a parent of a child born in wedlock (s. 64). The child inherits from the adoptive parent as a natural child but not from his or her biological parents on intestacy (s. 65). The High Court's registrar must serve the order on the Registrar-General within thirty days, who records it in the Register of Adopted Children, and the records linking birth entries to adoptions are not open to the public without a court order (s. 69). RITA's page on adoption certificates asks for a copy of the High Court decision and the child's birth certificate and states a fee of TSh 100,000. The adoptive parent is the one to tell the child of the adoption and parentage, once the child is at least 14 and if it is in the child's best interests; anyone else who discloses it commits an offence punishable by a fine of TSh 100,000 to 2 million or up to twelve months' imprisonment, or both (s. 61).
A non-citizen may adopt a Tanzanian child on the Mainland only if the child cannot suitably be placed in a foster or adoptive family in Tanzania, the applicant has lived in the country for at least three years and has fostered the child for at least three months under a social welfare officer, has no criminal record anywhere, brings a suitability recommendation from the competent authority of his or her country of residence and satisfies the court that the home country recognises the order (s. 74(1)). Payments tied to an adoption are an offence carrying a fine of up to TSh 5 million or two years (s. 72), advertising for or about an adoption carries TSh 1 million to 10 million or six months to two years (s. 76), and taking an adopted child out of the country permanently without written notice to the Commissioner is punishable by TSh 10 million to 50 million or six months to two years (s. 73). A UK government notice of 30 January 2014 said that adoption orders made in Tanzania on or after 3 January 2014 are no longer recognised automatically in England, Wales and Scotland.
Zanzibar's Children's Act excludes persons of the Islamic faith from its adoption provisions (s. 76(1)) and instead provides kafalah, an application to the Kadhi's Court under which the child keeps his or her birth surname and the right to inherit from the family of origin (s. 75). Adoption orders are made by the High Court on the application of a husband and wife, a person married to the child's parent or a Tanzanian citizen with special leave (s. 77(1)); applicants must be above 25 and, unless related to the child, 'at least above 21 years' (s. 77(2)), and the child must have lived with them for six months with the Director of Social Welfare notified three months ahead (s. 77(4)). Section 94 says in a single sentence that no foreigner shall adopt a child in Zanzibar, and a child adopted there may leave Zanzibar permanently only after notice to the Director, on pain of TSh 2 million to 5 million or two to five years (s. 93).
Key points
| Court (Mainland) | High Court for an adoption order; resident magistrate's or district court for an open adoption by a relative (Cap. 13, s. 54(1)) |
|---|---|
| Who may apply | Husband and wife jointly, or a parent alone or with a spouse; relatives for open adoption (s. 55) |
| Applicant | 25 or over and 21 years older than the child, or a relative over 25, or a single Tanzanian woman; a man alone only for his son unless special circumstances (s. 56(1)-(2)) |
| Care before the order | 6 consecutive months before the application, 3 continuous months before the order (ss. 56(3)(b), 59(5)); notice to the Commissioner 3 months ahead (s. 56(3)(c)) |
| Consent | Parent or guardian, which the court may dispense with; the child himself or herself from 14 (ss. 57 and 59(1)(c)) |
| Interim order | Custody on probation for up to 2 years under a social welfare officer (s. 60) |
| Non-citizen adopter | 3 years' residence, 3 months' supervised fostering, clean record, home-country recommendation and recognition of the order (s. 74(1)) |
| Payment or reward | Banned without court approval; fine up to TSh 5 million or 2 years (s. 72) |
| Adoption certificate | RITA fee TSh 100,000, on a copy of the High Court decision and the birth certificate |
| Zanzibar | No foreigner may adopt (Children's Act 2011, s. 94); Muslims excluded from adoption, kafalah before the Kadhi's Court instead (ss. 75 and 76(1)) |
In practice
- Tell the Commissioner for Social Welfare, through the district social welfare officer, at least three months before the order is due (s. 56(3)(c)); the officer's social investigation report is a condition of any order (s. 59(2)), and the court may ask for further reports.
- Keep the child in your continuous care for six months before filing, and ask the High Court for an interim order if the court wants to watch the placement for up to two years first (ss. 56(3)(b) and 60).
- Pay nothing for the adoption itself unless the court approves it: giving or taking a payment or reward is an offence (s. 72), and placing an advertisement about an adoption is another (s. 76).
- After the order, check that the High Court registrar has served it on the Registrar-General within thirty days (s. 69(2)), then apply to RITA for the adoption certificate with the High Court decision and the birth certificate; RITA lists TSh 100,000.
- If the child will live abroad permanently, give the Commissioner written notice 'within thirty days before departure' as s. 73(2) puts it, and ask your home country's authority beforehand whether it will recognise the order, since s. 74(1)(f) makes that a condition for a foreigner.
Cost and coverage
RITA's page states TSh 100,000 for the adoption certificate; the sources opened for this page give no High Court filing fee for an adoption petition.
Recent changes
The HCCH status table for the 1993 Intercountry Adoption Convention, updated on 17 June 2025 and counting 107 Contracting Parties, does not list Tanzania, either as a Contracting Party or as a signatory.
Where to go
- High Court of Tanzania, for adoption orders; resident magistrate's or district court for open adoption by a relative (Cap. 13, s. 54).
- Commissioner for Social Welfare and the district social welfare officer, for the notice, the social investigation report and the foster placement (ss. 56(3), 59(2) and 74(3)).
- RITA, which keeps the Register of Adopted Children and issues the certificate (head office RITA Tower, Dar es Salaam; tel. +255 22 2924180).
- On Zanzibar, the High Court of Zanzibar for adoption, the Kadhi's Court for kafalah and the Director of Social Welfare for notices and placements (Children's Act 2011, ss. 75 to 77).
Worth knowing
The two regimes differ on foreigners: s. 74 of the Mainland Act lets a non-citizen adopt after three years' residence, whereas s. 94 of Zanzibar's Children's Act closes adoption there to every foreigner.
Frequently asked questions
Can a foreigner adopt a Tanzanian child?
On the Mainland yes, but only under s. 74(1) of the Law of the Child Act: three years' residence, three months of supervised fostering, a clean record, a home-country recommendation and proof that the home country will recognise the order. On Zanzibar no foreigner may adopt a child (Children's Act 2011, s. 94), and Tanzania is not a party to the Hague Adoption Convention.
Can a single man adopt a child?
Only in limited cases: s. 56(2) grants an order to a male applicant if the child is his son or the court is satisfied that special circumstances warrant it, whereas s. 56(1)(d) names a single woman who is a Tanzanian citizen as a qualifying applicant.
Does an adopted child inherit from the birth parents?
Not on intestacy: s. 65(2) provides that an adopted child is not entitled to inherit from his or her biological parents, while s. 65(1) treats the child as the natural child of the adoptive parent. Zanzibar follows the same rule for adoption (s. 86), but a child under kafalah keeps the right to inherit from the family of origin (s. 75(3)(c)).
Sources
- Law of the Child Act, Cap. 13, Revised Edition 2023 (Attorney General's Office, official revised text) — Part VI, ss. 52 to 76 (foster care and adoption), as printed in the Revised Edition 2023
- Law of the Child Act, Cap. 13, Revised Edition 2019 (Attorney General's Office; copy hosted by jamii.go.tz) — ss. 54 to 76 of the 2019 edition compared with the 2023 text
- Children's Act, Act No. 6 of 2011 (Zanzibar), assented 6 July 2011 — Part VIII (Kafalah and adoption), ss. 75 to 96
- HCCH, status table of the Convention of 29 May 1993 on Intercountry Adoption (last update 17 June 2025) — Tanzania absent from the table of the 1993 Convention (107 Contracting Parties, 17 June 2025)
- UK Government, "Recent change in UK inter-country adoption legislation" (30 January 2014) — recognition of Tanzanian adoption orders made from 3 January 2014 (published 30 January 2014)
- FB Attorneys, "Foreign adoption of a child" (5 August 2024) — Tanzanian law firm's note on the conditions for foreign adopters (s. 56(3) and s. 74(1))
- RITA -- registration of adoptions, page in Kiswahili (opened 12 October 2026) — documents and fee for the adoption certificate
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