FLORA EXCUPER ADOPTION

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM SUB-REGISTRY)

AT DAR ES SALAAM MISC CIVIL APPLICATION NO. 17392 OF 2024 IN THE MATTER OF THE LAW OF THE CHILD ACT [CAP. 13 R.E. 2019] AND IN THE MATTER OF A MINOR, AAA OF DAR ES SALAAM, TANZANIA

AND

IN THE MATTER OF APPLICATION FOR ADOPTION ORDER BY HHH OF

TANZANIA

RULING 30th October, 2024 BWEGOGE, J.: This is an application instituted in this court by HHH (pseudonym) for the adoption of an infant child namely, AAA (pseudonym). The application is brought under sections 54(1)(a) and 59(2) of the Law of the Child Act [Cap. 1 13 R.E 2019] and section 95 of the Civil Procedure Code [Cap. 33 R.E 2009]. It is supported by the affidavit of the applicant herein. The pleadings lodged in support of the petition depict that the petitioner is a lone businesswoman, Tanzanian citizen by birth, resident of Yombo- Buza, Temeke District in Dar es Salaam and without record of criminal antecedents. Further, the pleadings depict that the infant who sought to be adopted was abandoned herein Dar es Salaam when she was approximately 21 days old. Thereafter, she was placed under the care of Malizia Golden Orphanage Centre. To date, the whereabouts of the infant’s biological parents and relatives are unknown. The infant stayed at the orphanage centre until the Commissioner for Social Welfare, vide a letter dated 25/10/2022 with Ref. No. APPL. No. 7471/2022/2, permitted the petitioner to foster the said child in February, 2023. Now, the petitioner lodged this application undertaking to provide the infant with the basic needs, love and affection as required by the law. Mr. Ulimboka Mwasomola, learned advocate, represented the applicant herein. Ms. Caren Mitta, the

Senior Social Welfare Officer and Guardian ad Litem of the child appointed by the Commissioner for Social Welfare 2 appeared in court and submitted the social inquiry report of the child sought to be adopted. In elaborating the facts deponed in the petition, Mr. Mwasomola submitted, that the applicant has fulfilled all requirements for the adoption of the child and obtained the consent/permit to adopt from the Commissioner for Social Welfare on 12/04/2024. Likewise, the applicant has been living with the child whom she prays to adopt since 14/02/2023. In the same vein, the counsel enlightened this court that the child in question has no parents or relatives as she was abandoned few days after her birth and raised in the orphanage institution. He prayed to this court to grant the application. I have scrutinized the records of this case. It is a glaring fact that the police report with reference No. REF-FB/FP/G4/2023/VOL.LXXXV/84904 dated 05/12/2023 indicates that the petitioner has no criminal record. Likewise, the record entails that the applicant herein resides with the infant sought to be adopted since on 14th February, 2023 vide the permit with Ref. No. APPL. No 7471/2022/2 issued by the Commissioner for Social Welfare dated 25/10/2022. Moreso, the record entails that the petitioner was granted consent to adopt the child by the commissioner of social welfare on 5th

June, 2024 via a letter with Ref. No. APPL.NO. 7471/22/08. 3 In tandem with the above, Ms. Mitta the Guardian ad Litem who appeared on behalf of the Commissioner for Social Welfare approved the grant of adoption order sought herein. She Mitta informed this court that she conducted an inquiry and found that the petitioner is a person of good behaviour (without any criminal blemish) and with capital to run her private business and sufficient means to take care of herself and the child. It was brought to the attention of this court that the applicant has no child of her own. Based on the assessment made to the applicant, Ms Mitta opined that the applicant herein has met all requirements for adopting the infant in question; thus, it is in the interest of the welfare of the child that the adoption order be granted. In the same vein, I have gone through the report filed by Ms. Mitta records and documents annexed thereto. It has been ascertained that the child subject of this petition has no natural relatives and her parents are unknown. And it has been ascertained that the child was under the care of the orphanage institution until she was placed under the foster care of the petitioners in February 2023. It has been reported by the Guardian ad Litem 4 that the child, now 3 years old, lives happily with the petitioner as a family. Likewise, the report bears the fact that during

visitation, the Guardian ad Litem observed that the petitioner’s residence is a family environment suitable for child welfare and development. Thus, I am satisfied that all requisite conditions of adopting a child have been met for this court to grant an order for adoption to the applicant pursuant to sections to sections 56(1)(d), (3) and 59(l)(b), (2) and 75 (2)(d) of the Law of the Child Act. Given the foregoing, I find this application to have been taken in the best interest of the child as rightly recommended by the Social Welfare Officer and the Guardian Ad Litem of the adoptive child. Accordingly, I hereby grant the application and order as follows: - 1. The Petitioner is declared the adoptive parent of the child “AAA” (name to be shown in the adoption order).

2. The child has to renounce his former name “AAA” and be known as “NNN” as requested by the petitioner (name to be shown in the adoption order). 5 3. The adoption order be served upon the Registrar General of Births and Deaths for his necessary action pursuant to sections 69 and 70 of the Law of the Child Act [Cap. 13 R.E. 2019]. So ordered. Dated at Dar es Salaam, this 30th October, 2024 O.F. BWEGOGE

JUDGE 6