Maintenance Act, 1998
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 15 : Adoption232. Register on Adoptable Children and Prospective Adoptive Parents |
| (1) | The Director-General must keep and maintain a register to be called the Register on Adoptable Children and Prospective Adoptive Parents for the purpose of— |
| (a) | keeping a record of adoptable children; and |
| (b) | keeping a record of fit and proper adoptive parents. |
| (2) | The name and other identifying information of a child may be entered into RACAP if the child is adoptable as contemplated in section 230(3). |
| (3) | The name and other identifying information of a child must be removed from RACAP if the child has been adopted. |
| (4) | A person may be registered in the prescribed manner as a prospective adoptive parent if— |
| (a) | section 231(2) has been complied with; and |
| (b) | the person is a citizen or permanent resident of the Republic. |
| (5) | Registration of a person as a prospective adoptive parent— |
| (a) | is valid for a period of three years; |
| (b) | may be renewed as prescribed; |
| (c) | ceases— |
| (i) | on written notice of withdrawal being given to the Director-General; |
| (ii) | on the death of the registered person; |
| (iii) | on cancellation by the Director-General if the registered person is no longer— |
| (aa) | a fit and proper person to be entrusted with full parental responsibilities and rights in respect of a child; and |
| (bb) | willing and able to undertake, exercise and maintain those responsibilities and rights. |
| (iv) | if the registered person is no longer a citizen or permanent resident of the Republic; |
| (v) | if a child contemplated in section 150 is removed from the care of that registered person; or |
| (vi) | if the registered person is convicted of an offence involving violence. |
| (6) | Only the Director-General and officials in the Department designated by the Director-General have access to RACAP, but the Director-General may, on such conditions as the Director-General may determine, allow access to— |
| (a) | a provincial head of social development or an official of a provincial department of social development designated by the head of that department; |
| (b) | a child protection organisation accredited in terms of section 251 to provide adoption services; or |
| (c) | a child protection organisation accredited in terms of section 259 to provide inter-country adoption services. |
