The Law Reform Commission in its report to the Government in 1994 recommended that the pre-adoption period of residence for non-citizens be raised from three months to a minimum of 2 years, with the extended period used to investigate the integrity and background of the prospective adopting parent (both in the country of residence and home country). Tanzanian laws do not yet allow inter-country adoption and Tanzania is not a party to the Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption (The Hague Convention). Inter-country adoption is discouraged since there are no mechanisms for screening and legally supervising the adoption process. Without these in place, children may be at risk of trafficking, sexual exploitation and pornography. The Social Welfare Department has adopted the 2003/2004 Foster care and Adoption guidelines for enforcing their task of conducting investigations and making appropriate recommendations on foster care placement and adoption. In Zanzibar, the foster Care and adoption guidelines are not in place, even though adoption procedures are in place, including making application to the Director of Social Welfare for consideration. Local Customary Law (Declaration) Order 1963 provides for guardianship to be appointed by a Clan Council or Primary Court (if required) to oversee children whose father’s are dead, missing, or of unsound mind. regard to the age and understanding of the child. In such cases the Court will exercise its powers judiciously and invariably will make an interim order giving the custody of the child to the applicant for a period not exceeding two years by way of a probationary period upon such terms as regards provision for the maintenance, education and supervision of the welfare of the child and other terms the Court may think fit. 29

Select target paragraph3