Special Investigating Units and Special Tribunals Act, 1996
R 385
Child Care Act, 1983 (Act No. 74 of 1983)Chapter 4 : Adoptions18. Adoption of children |
| 1) |
| a) | The adoption of a child shall be effected by an order of the children's court of the district in which the child concerned resides. |
| b) | The children’s court shall not make any order referred to in paragraph (a) before the consideration of a prescribed report from a social worker or an accredited social worker. |
| 2) | An application for an order of adoption shall be made by the proposed adoptive parent or parents in the prescribed manner. |
| 3) | In considering any such application the children’s court shall have regard to the matters mentioned in section 40. |
| 4) | A children’s court to which application for an order of adoption is made in terms of subsection (2), shall not grant the application unless it is satisfied - |
| a) | that the applicant is or that both applicants are qualified to adopt the child in terms of section 17 and possessed of adequate means to maintain and educate the child; and |
| b) | that the applicant is or that both applicants are of good repute and a person or persons fit and proper to be entrusted with the custody of the child; and |
| c) | that the proposed adoption will serve the interests and conduce to the welfare of the child; and |
| d) | that consent to the adoption has been given by both parents of the child, or, if the child is born out of wedlock, by both the mother and the natural father of the child, whether or not such mother or natural father is a minor or a married person and whether or not he or she is assisted by his or her parent, guardian or in the case of a married person, spouse, as the case may be: Provided that such natural father has acknowledged himself in writing to be the father of the child and has made his identity and whereabouts known as contemplated in section 19A; and |
| e) | that the child, if over the age of ten years, consents to the adoption and understands the nature and import of such consent; and |
| f) | in the case of a child born of any person who is a South African citizen, that the applicant, except an applicant referred to in section 17(c), or one of the applicants is a South African citizen resident in the Republic, or the applicant has or the applicants have otherwise the necessary residential qualifications for the grant to him or them under the South African Citizenship Act, 1949 (Act No. 44 of 1949), of a certificate or certificates of naturalization as a South African citizen or South African citizens and has or have made application for such a certificate or certificates; and |
| g) | in the case of an application for the adoption of a foster child by a person other than his or her foster parent, that the foster parent has stated in writing that he or she does not wish to adopt the child: Provided that such statement shall not be necessary if the foster parent refuses or fails, within one month after being called upon in writing by an assistant of the children’s court to do so, to indicate to him or her in writing that he or she does not wish to adopt the child. |
| 5) | Any consent mentioned in subsection (4)(d) or (e) shall be in writing and shall, if given within the Republic, be signed by the person or persons giving the consent in the presence of a commissioner of child welfare, who shall attest the consent, or, if given outside the Republic, shall be signed and attested in the manner prescribed. |
| 6) | The said consent shall set out the names of the proposed adoptive parents, but the children’s court may admit, as satisfying the requirements of subsection (4)(d), a consent by the child’s parents or guardian which does not set out the names or any other particulars of the proposed adoptive parents, if it is satisfied that the interest of the child will be served thereby. |
| 7) | The children’s court shall admit, as satisfying the requirements of subsection (4)(d) or (e), any such consent given outside the Republic which has not been signed or attested in the manner prescribed or which does not set out the names or any other particulars of the proposed adoptive parents, if that consent has been approved by the Minister. |
| 8) | Notwithstanding the provisions of any other law the parent of a child who has given consent to the adoption of his or her child shall have the right to withdraw such consent up to 60 days after such consent has been given. |
| 9) | A children’s court shall not make any order of adoption before the expiration of the period of 60 days referred to in subsection (8). |
