Adoption of Children through a Human Rights Lens: A Comparison between Tanzania, Kenya and South Africa

This paper presents a comparative legal analysis of child adoption regulations in Tanzania, Kenya, and South Africa. Through a qualitative comparative methodology, the study examines the extent to which each country’s adoption laws comply with and implement fundamental human rights principles throughout the adoption process. The findings indicate that in certain instances, the adoption laws in Kenya and Tanzania do not fully uphold essential human rights tenets, such as non-discrimination, freedom of expression, and the principle of equality. In contrast to South Africa’s more progressive legal framework, the laws in Kenya and Tanzania demonstrate discriminatory approaches based on various factors, including the age of both the adoptive child and the prospective parent, the child’s opinion, the gender of the child to be adopted, the gender of the prospective adoptive parent, parental consent for the adoption, and the marital status of adoptive parents. In light of these findings, this paper strongly advocates for the reform of adoption laws in Kenya and Tanzania to ensure better alignment with established international human rights principles.