| dc.creator |
Emmanuel Joseph Mbwilo |
|
| dc.date |
2020-10-08T09:05:37Z |
|
| dc.date |
2020-10-08T09:05:37Z |
|
| dc.date |
2020 |
|
| dc.date.accessioned |
2021-05-05T07:28:59Z |
|
| dc.date.available |
2021-05-05T07:28:59Z |
|
| dc.identifier |
APA |
|
| dc.identifier |
http://hdl.handle.net/11192/4338 |
|
| dc.identifier.uri |
http://hdl.handle.net/11192/4338 |
|
| dc.description |
A Compulsory Research Report Submitted in Partial Fulfillment of the Requirements for Award of Bachelor of Laws (LLB) Degree of Mzumbe University |
|
| dc.description |
This study makes a comparative analysis of legal problems in the adoption process. It is centred on Sections 54 and 55 of the Law of the Child Act R.E 2019 empower the court, to make an adoption order for the purpose to remove a child from any situation where he is suffering or he is likely to suffer from harm and place or prevent any significant harm being caused to a child whilst he remains at his family home in the custody of his parents, guardian or relative respectively.
However, the Law of the Child Act is silent on circumstances where one is refused adoption order. This called for the need to make this study to look on the right to appeal or any alternative remedy as a solution to eliminate street children problem. It is also stipulated in the same work the limiting of jurisdiction of the court to entertain adoption matters limits the scope powers of the courts to handle adoption proceedings.
Interview and documentary review were employed to collect and gather data and information. In chapter two a conceptual framework is provided in order explain key terms and theories which were relevant to the study. Under chapter three, a comparative study has been made between Tanzania and the United Kingdom and Kenya on the legal and institutional framework on right to appeal in adoption orders and jurisdiction of the courts in order compare how the two jurisdictions have dealt with the of adoption as a method to eradicate street children. Chapter Four presents and analyses data and findings to prove the four hypotheses molded in chapter one.
The analysis is based on comparison with the UK and Kenya jurisprudence court system. The study found that courts in Tanzania laws do not effectively and adequately provide avenues to appeal once aggrieved by a refusal to make an adoption order. Lack of specialist courts, absence of specific legislation, and lack of trained judicial officers trained in adoption cases, adversarial procedural technicalities in the upshot. Chapter Five gave the possible solutions that can be used to solve this problem. |
|
| dc.language |
en |
|
| dc.publisher |
Mzumbe University |
|
| dc.subject |
Legal Problems, Legal issues, Adoption Process, Adoption, Street Children |
|
| dc.title |
Legal Problems in Adoption Process as a Bar in Eliminating Street Children: Comparative Analysis of UK and Kenya. |
|
| dc.type |
Thesis |
|