Separation from Parents Article 25 A child may be separated from his or her family either temporarily or permanently, and for a variety of reasons including abandonment or death. The law provides for arrangements for such children through institutional placement, foster care and adoption. Tanzania is a party to several International Humanitarian Laws and recognizes the importance of reuniting displaced children with their parents or relatives. Currently, Tanzania is not experiencing internal displacement as a result of armed conflict although it has been host to many externally displaced children (please see articles 22, 23, and 25). Adoption Article 24 The laws governing adoption are laid out in the Adoption of Children Act, the Adoption of Children Decree, and the Adoption Rules and Regulations. According to Tanzanian law, 28 the ‘best interest of the child’ is the guiding consideration in the application for adoption. Only a person who is resident in Tanzania29 is allowed to make an application for adoption to the High Court. The child must have been in the continuous care and custody of the applicant for at least three consecutive months prior to the application. During this period the court appoints a curator ad litem (normally the Commissioner of Social Welfare) who is charged with recommending whether the applicant is suitable to adopt.30 28 Adoption of Children Act Cap 335 (R.E. 2002) – Mainland Ibid: Section 4(5) 30 Rule 13 Rules of the Court GN. No. 321 of 1942. The minimum age for the applicant is 25 years of age or at least 21 years older than the child to be adopted. The applicant can also be another relative of the child in which case the minimum age required is 21 years. The Court will not make an adoption order unless and until the parents and/or guardians of such an infant give their consent. The Court however, may dispense with any consent requirement if it is satisfied that the child is abandoned, neglected or persistently ill-treated; or that the person whose consent is required cannot be found or is incapable of giving his consent or other factors spelt out in the law. In the absence of consent the court will take into account other considerations including the welfare of the infant and wishes of the child, having 29 28