Adopting a child: here’s what you should know:

With the rising levels of infertility world-wide, and with many couples, as well as single parents, opting not to or being unable to conceive naturally, adoption is becoming an increasingly popular choice.

Chapter 15 of the Children’s Act 38 of 2005 regulates South Africa’s position on adoption, and in terms of this legislation there are various requirements that must first be met before an adoption process will be successful.

Do I qualify as a prospective adoptive parent?

The Act describes in great detail the type of person suitable to be an adoptive parent – a description which includes: a husband and wife, partners in a permanent domestic life-partnership, a divorced or unmarried person, as well as a married person whose spouse/permanent domestic life-partner is the parent of the child.

It is very important to remember that South African law follows a child-centred approach in dealing with matters relating to children, and so the best interests of the child to be adopted will always be of paramount importance in any and all decisions concerning that child. Following this, the Act therefore provides that a prospective adoptive parent must be “over the age of 18 years” and “fit and proper to be entrusted with full parental responsibilities and rights in respect of the child.”

As important as it is for parents to be cleared as fit and proper before they will be allowed to adopt, the children to be adopted must also be “adoptable.” The Act requires that an adoption social worker must assess whether or not a child is adoptable. Adoptable children and Prospective adoptive parents must be recorded in the Register on Adoptable Children and Prospective Adoptive Parents.

Who must consent to the child’s adoption?

The Act provides that each parent of the child (married or not), any other person who is a guardian of the child, as well as the child him or herself, if that child is older than 10 years or younger than 10, who have the maturity and are at the stage of development to understand the meaning of the consent.

When is the consent of the parent or guardian not required?

The Children’s Act provides for a number of situations in which consent for adoption is not required. Some of these include: when the parent or guardian is incompetent to give consent due to mental illness; if they have abandoned the child or have consistently failed to fulfil their parental responsibilities.

Furthermore, a children’s court may grant an adoption order in the absence of the abovementioned consent, should the court find that consent has unreasonably been withheld, or if the adoption would be in the best interests of the child.

So, how do I apply for an adoption order?

An application for adoption must be made to the Children’s Court, and must be accompanied by a report by an adoption social worker, stating whether or not the child is adoptable, whether the adoption would be in the best interests of the child, as well as the prescribed medical information relating to the child.

Adoption is a very technical process, and can become emotionally taxing. It is thus in the best interest of all parties concerned that, should you want to look into adoption as a means to grow your family, you appoint an attorney to help you handle the legal aspects.