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Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 4 : Adoptions

22. Appeal from order of adoption or from rescission of adoption or from refusal to rescind

 

1) An order of adoption and a rescission of an order of adoption and the refusal of an application for the rescission of an order of adoption shall be subject to an appeal to the competent Division of the Supreme Court of South Africa as if the order, rescission or refusal were a judgment of a magistrate’s court.

 

2) An appeal against an order of adoption may be brought by the parent or guardian of the adopted child.

 

3) An appeal against the rescission of an order of adoption may be brought by a parent, guardian or adoptive parent of the child concerned, who did not apply for the rescission.

 

4) An appeal against a refusal of an application for the rescission of an order of adoption may be brought by the applicant concerned.

 

5)
a) In such an appeal brought by a parent or guardian, the adoptive parent of the child concerned shall be cited as respondent, and in such an appeal brought by an adoptive parent, the parent or guardian (if any) of the child concerned shall be cited as respondent, unless, in either case, the appeal is brought against a rescission granted upon the application of a children's court assistant, in which event that assistant shall be cited as respondent.
b) In an appeal brought by a children’s court assistant against the refusal of an application made by him for the rescission of an order of adoption, the persons mentioned in section 21(6) shall be cited as respondents.

 

6) In this section "guardian" means the person who was at the time of the making of the order of adoption the guardian of the child concerned.