maria cristina spatariu vs witty lengai moleli 2020 tzca 1938 5 june 2020

maria cristina spatariu vs witty lengai moleli 2020 tzca 1938 5 june 2020

Parental and spousal consent is sufficient for adoption under the Law of the Child Act; clan or wider family consent is not a legal requirement. Adoption is granted in the best interest of the child, supported by social welfare findings and the child's expressed wishes.

Source-derived case information.

Citation
maria cristina spatariu vs witty lengai moleli 2020 tzca 1938 5 june 2020
Parties
Applicant: Maria Cristina Spatariu; Respondent: Witty Lengai Mollel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 June 2020
Procedural Posture
Adoption Petition / Ruling
Outcome
Adoption order granted
Legal Topics
Adoption, Consent, Best Interest of the Child
Source Language
english
Family Law Child Welfare Adoption Consent Best Interest of the Child

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Parties

Maria Cristina Spatariu

Applicant

Witty Lengai Mollel

Respondent

Procedural Posture

Adoption Petition / Ruling

  1. 1 Whether parental and spousal consent is sufficient for adoption
  2. 2 Whether clan or wider family consent is legally required
  3. 3 Whether adoption is in the best interest of the child

Ratio Decidendi

Parental and spousal consent is sufficient for adoption under the Law of the Child Act; clan or wider family consent is not a legal requirement. Adoption is granted in the best interest of the child, supported by social welfare findings and the child's expressed wishes.

Court Disposition

Adoption order granted

Orders

  • Maria Cristina Spatariu is granted adoption of Witty Lengai Mollel, who shall be known as Witty Marie Spatariu.
  • Adoption order to be served to the Registrar General for entry in the Register of Adopted Children per section 70 of the Law of the Child Act.