Legal Assistance

Adoptions 

TANZANIA (INCLUDING ZANZIBAR)

October 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.:

Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Tanzanian orphans:

ADOPTION AUTHORITY IN COUNTRY:

Department of Social Welfare

Regional C.C.M Building, Lumumba Street
P.O. Box 1949
Dar Es Salaam, Tanzania
Telephone: (+255) 22-218-4281

ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENT(S): Under Tanzanian law, an unmarried person must be at least 25 years of age and be at least 21 years older than the child. A single male cannot adopt a female child except by court order which is granted only under exceptional circumstances.

Under U.S. immigration law, at least one of the adopting parents must be a U.S. citizen in order to petition for the immigration of an adopted child. A legal permanent resident couple or a single legal permanent resident cannot petition for the immigration of an adopted child to the U.S.

RESIDENCY REQUIREMENTS: In order to adopt a child in Tanzania, the American citizen or citizens must be residents of Tanzania. The Tanzanian Department of Social Welfare considers a person to be resident if that person holds a Resident Permit (Class A, B or C) a Dependent’s Pass or an Exemption Permit and lives in Tanzania. This requirement is never waived.

TIME FRAME: Adoptions may take up to 18 months in Tanzania.

ADOPTION AGENCIES AND ATTORNEYS: Upon inquiry, the Department of Social Welfare will provide a list of participating adoption agencies and attorneys to adopting parents.

Department of Social Welfare
Regional C.C.M Building, Lumumba Street
P.O. Box 1949
Dar Es Salaam, Tanzania
Telephone: (+255) 22-218-4281

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed. Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.

ADOPTION FEES IN COUNTRY: The Government of Tanzania does not charge a fee for adoption but legal fees can be between $800 and $1,500.

ADOPTION PROCEDURES:

Step One: Three Month Foster Period
Before prospective adoptive parents can apply to adopt a child, they must first apply to the Department of Social Welfare to foster the child for a period of no less than three months. After the foster care period has been successfully completed, an adoption petition can be lodged.

- Prospective adoptive parents contact the District Social Welfare Office for an application form for a child for foster care pursuant to Regulation 11(1) of the Children’s Homes (Regulations) Act No. 4 of 1968. In areas where there is no District Social Welfare Office, applicants should visit the Regional Social Welfare Office.

- Prospective adoptive parents complete the application form and provide their District Social Welfare Officer with the names and contact details of at least three references who have known the prospective adoptive parents for at least three years and one family reference. The District Social Welfare Officer will interview references. Prospective adoptive parents who cannot provide local references who have known them for three years will provide references from their home country. The District Social Welfare Officer will coordinate with International Social Services in the home country of the prospective adoptive parents to interview these references.

- Prospective adoptive parents must arrange with the District Social Welfare Officer to begin the homestudy process. The homestudy will consist of at least four interviews with the family, including at least one visit to the family’s home. The homestudy will evaluate the prospective adoptive parents’ physical, mental and emotional health as well as financial and marital (in the case of married couples) stability.

- The District Social Welfare Officer will send the foster care application, homestudy and other relevant supporting documents to the Commissioner for Social Welfare for approval.

- When the foster care application has been approved by the Commissioner for Social Welfare, the District Social Welfare Officer will identify children who are eligible for adoption and who meet the criteria of the prospective adoptive parents. Prospective adoptive parents and the District Social Welfare Officer will work together to identify a child who is eligible and is best suited for the prospective adoptive family.

- The District Social Welfare Officer will work with the Police Department to confirm whether the child has any living relatives. In circumstances where no living relatives can be located, the Police Department will issue a Certificate of Abandonment. In circumstances where family members are located, formal written consents must be obtained.

- Once a child has been identified and accepted by the prospective adoptive parents, the District Social Welfare Officer will place the identified child with the prospective adoptive parents for a foster care period of not less than three months. During the foster care period, the District Social Welfare Officer will continue to visit the child and prospective adoptive parents on a regular basis.

Step Two: Recommendation for Adoption
After the foster care period, the prospective adoptive parents will meet with the District Social Welfare Officer to discuss whether they wish to adopt the child and whether the District Social Welfare Officer intends to approve an application by the prospective parents to adopt. Provided that the District Social Welfare Officer approves the adoption, the District Social Welfare Officer will submit a report and recommendation to the Commissioner of Social Welfare.

Step Three: Commencement of Legal Process to Adopt
If they have not already done so, prospective adoptive parents retain Tanzanian attorney experienced in adoption procedures. The Law Society of Tanganyika should be able to recommend an attorney or a firm of attorneys to the prospective adoptive parents. Also, the U.S. Embassy in Dar es Salaam maintains a list of attorneys that adoptive parents may consult.

The prospective adoptive parent’s attorney will assist them in filing a petition to legally adopt their foster child and obtain a court order from the High Court. Close contact should be maintained with the Social Welfare Department during this period, as that agency will submit a report to the Court in its capacity as the court-appointed Guardian ad Litem of the child.

Step Four: Adoption Certificate and Passport
In addition to the High Court Adoption Order, the prospective adoptive parent’s attorney should also assist you in obtaining an Adoption Certificate for the adopted child. All children will need a valid passport issued by their country of origin.

DOCUMENTS REQUIRED FOR ADOPTION IN TANZANIA: No specific documents are required, although it may be prudent to carry documents relating to identity, marital status, family status and financial means. Passports must include valid residency permits.

AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.travel.state.gov/law/info/judicial/judicial_701.html

TANZANIAN EMBASSY IN THE U.S.:

Embassy of the United Republic of Tanzania
2139 R Street, N.W.
Washington, D.C. 20008
Tel: (202) 939-6125
Fax: (292) 797-7408

U.S. IMMIGRATION REQUIREMENTS: Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security’s, United States Citizenship and Immigration Service (USCIS) publication M-249, The Immigration of Adopted and Prospective Adoptive Children , as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS Web site. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs Web site, travel.state.gov, under “International Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative. Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.

APPLYING FOR A VISA AT THE U.S. EMBASSY IN TANZANIA: After USCIS approves the I-600 petition, adoptive parents should visit the Consular Section any Monday afternoon to schedule an immigrant visa interview. The Consular Section will endeavor to schedule the child for the next available appointment - usually within two working days. Parents should not make final, non-refundable travel plans to depart Tanzania until they have their child’s immigrant visa in hand. A consular officer is required to review each adoption case carefully and make an independent determination of the child’s eligibility for a visa. This includes another review of the orphan status of the child and a review of the child’s medical information.

Immigrant visa applications are adjudicated based upon an approved I-600. If the I-600 is to be presented at the Embassy by one or both adoptive parents, the I-600 adjudication, the I-604 investigation and the immigrant visa application adjudication are done at the same time.

The child must be present at the Embassy for the immigrant visa interview.

The U.S. Embassy in Dar es Salaam will conduct the investigation and complete an I-604 only if the child appears in person at the Embassy. Children that have been taken to the United States or other countries, and adopted there, must return to Tanzania in order for the I-604 to be completed.

Note: Visa issuance after the final interview now takes 24 hours and it is not possible to provide the visa to adoptive parents on the day of the interview.

In meeting the Tanzanian residency requirements for adoption, adopting parents will also likely meet the requirements of Section 101(B)(1)(E) of the Immigration and Nationality Act . This section defines a “child” for immigration purposes:

a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years provided that no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act;

This means that an adoptive parent or parents may possibly avoid the I-600 process and have their child qualify for immigration on these alternate grounds. After the two years of custody and co-residence have been met and the adoption is final (in whichever order), the adopting U.S. citizen parent or parents can contact the Embassy to petition for the immigration of their child.

For information on current immigrant visa petition fees, the visa application and processing fee, and security surcharge, please see our Fees for Visa Services Website at: http://travel.state.gov/visa/temp/types/types_1263.html;

After The Visa Is Issued
Adoptive parents will need to arrange for a visa for their Tanzanian citizen child to transit Europe or South Africa on the way to the U.S. South Africa and all major European countries have embassies in Dar es Salaam which can process transit visa applications.