The Adoption Process in South Africa

Adoption creates a permanent legal parent-child relationship between the adoptive parents and the child, giving the adoptive parents full parental responsibilities and rights. In South Africa adoption is governed by Chapter 15 of the Children’s Act 38 of 2005 and is designed always to serve the best interests of the child.

Who may adopt

A child may be adopted by a married couple jointly, by partners in a permanent domestic partnership, by a single person, or by a foster parent, among others. Prospective adoptive parents must be fit and proper to be entrusted with the child and must be able to provide an environment suited to the child’s needs.

Which children can be adopted

• A child whose parents are deceased or cannot be traced.
• A child who has been abandoned or whose parents have consented to the adoption.
• A child in need of a permanent, stable family placement.

The role of the social worker

Adoptions must be handled by an accredited adoption social worker or an accredited adoption agency. The social worker screens prospective parents, prepares reports, provides counselling, and ensures that all legal requirements are met before the matter goes to the Children’s Court.

Consent

As a rule, the consent of the biological parents or guardian is required, unless the law dispenses with it — for example where a parent has abandoned the child or is withholding consent unreasonably. A parent who consents has a period within which they may withdraw that consent. The child, if old enough, must also consent.

The Children’s Court order

An adoption is finalised by an order of the Children’s Court. Once granted, the child is regarded in law as the child of the adoptive parents, and the details are recorded in the Register of Adoptable Children and Adoptive Parents (RACAP) and the adoption register maintained by the Department of Social Development.

Adoption is a rewarding but detailed legal process that can take time. Working with an accredited agency and, where needed, a family law attorney helps ensure every requirement is met so the placement is secure and permanent.