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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maria Cristina Spatariu
Applicant
Witty Lengai Mollel
Respondent
Procedural Posture
Adoption Petition / Ruling
Legal Issues
- 1 Whether parental and spousal consent is sufficient for adoption
- 2 Whether clan or wider family consent is legally required
- 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.
Full Case Text
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