in the matter of an application for an adoption order by sarah semu silas 2023 tzhc 23383 18 december 2023

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM DISTRICT REGISTRY AT DAR ES SALAAM MISC. CIVIL APPLICATION NO. 567 OF 2023 IN THE MATTER OF THE LAW OF THE CHILD ACT, REVISED EDITION OF 2019 AND IN THE MATTER OF GIFT USTAWI INFANT OF P.O.BOX 31, DAR ES SALAAM, TANZANIA AND IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER BY SARAH SEMU SILAS OF P.O. BOX 31, DAR ES SALAAM RULING MKWIZU,J:- “SSS”(name withheld) of Po Box 31 Dar es salaam is in court petitioning for adoption of an Infant currently known as GU( name withheld) in accordance with the provisions of section 54 (1) (a), 55 (1) (a), 59(2) of the Law of the Child Act, R:E 2019 and Rule 11 of the Adoption of a Child Regulations, 2011 and Section 95 of the Civil Procedure Code, (CAP 33, R.E 2019) . The petitioner is a citizen of the United Republic of Tanzania born on the 2nd day of January 1973, currently 50 years old, employed as the Head of Microfinance of Tanzania ABC Bank. 1 It was stated further that GU is a girl child , born on 1st February 2022 and the petitioner assumed the role of a foster parent for the infant GU since 1st January 2023, after the approval of her request to adopt the child by the Commissioner for Social Welfare and that she is since then a sole caregiver responsible for the welfare of the aforementioned infant, GU who was discovered abandoned in Kwamatuku, Handeni- Tanga and that the biological parents of the child are not known as the efforts by the police to locate the child’s family members proved futile. The appointed social well fare officer and Guardian Ad Litem, Ms Asha Mbarouk was on 25/10/2023 directed by this court to conduct and file in court the Social Investigation Report in accordance with Section 75(2) (d) of the Law of the Child Act, 2009 [Cap 13] and Rule 11 of the Adoption of a Child Regulations, 2011 GN No. 197 of 2012 to assist the court to determine whether the adoption is in the best interest of the child .The report was filed in court on 5/12/2023 A carefully perusal of the report reveals that the child is one year and eight (8) months old born on 2/4/2022. She was abandoned on her first day of birth and was placed at IRENTE orphanage centre located at Lushoto Tanga. The child had some health challenges and was examined and treated at the orphanage centre and even after it was placed to the petitioner. Currently, the child is staying with Petitioner, unmarried and childless woman, after she had acquired the required approval by the commissioner and support from her family members. The petitioner is said to be ready to provide all parental care and take all responsibilities of the child as her own. The child is said to enjoy living with the petitioner in a conducive 2 environment supported by other family members and the petitioner is eager to expose the child to a family love, peace, care and protection and that the two have built very positive attachment and are happy since their union to date. The petitioner is recommended as a rightful candidate for the application When the matter came for hearing on 11th December 2023, the petitioner had the legal services of Ms. Chaya Mlaki advocate while, Ms. Asha Ally Mbarouk, Senior Social Welfare Officer appointed by the Commissioner for Social Welfare and approved by this Court as a Guardian Ad Litem of the child was in court for the infant’s best interest. Ms Mlaki’s submissions were short but focused. He adopted his chamber summons and supporting affidavit with prayers that the child’s name after the grant of the application should change to that of MHS. Ms Asha Mbarouk social welfare on the other hand urged the court to consider the report filed and grant the petition. I have analytically considered all the information contained in the affidavit, the social Investigation report and parties’ submissions. The only issue for consideration is whether the applicants has met the criteria for the sought for order. It is apparent that the child’s biological parents are unknown, the child has been under the petitioner care for sometimes now and the enquiry reports made had positioned the petitioner as a fit personal for the sought for orders. The report is generally in support of the petition and on that reason I find the grant of the prayers sought on the best interest of the child . 3 Consequently, an adoption order is issued in favour of the petitioner. The adopted child, GU shall following this order be known, as MHS (full name to be shown in the adoption order). The adoption order should be served to the Registrar General for necessary action in compliance with section 70 of the Law of the child Act. Order accordingly. DATED at DAR ES SALAAM this 18th day of DECEMBER 2023. E.Y. MKWIZU JUDGE 18/12/2023 4