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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 15 : Adoption

248. Access to adoption register

 

(1) The information contained in the adoption register may not be disclosed to any person, except—
(a) To an adopted child after the child has reached the age of 18 years;
(b) To the adoptive parent of an adopted child after the child has reached the age of 18 years;
(c) To the biological parent or a previous adoptive parent of an adopted child after the child has reached the age of 18 years, but only if the adoptive parent and the adopted child give their consent in writing;
(d) For any official purposes subject to conditions determined by the Director-General;
(e) By an order of court, if the court finds that such disclosure is in the best interests of the adopted child; or
(f) for purposes of research: Provided that no information that would reveal the identity of an adopted child or his or her adoptive or biological parent is revealed.

 

(2) The Director-General may require a person to receive counselling before disclosing any information contained in the adoption register to that person in terms of subsection (1)(a), (b), (c) or (e).

 

(3) Notwithstanding subsection (1), an adopted child or an adoptive parent is entitled to have access to any medical information concerning—
(a) the adopted child; or
(b) the biological parents of the adopted child, if such information relates directly to the health of the adopted child.

 

(4) Notwithstanding subsection (1), parties to a post-adoption agreement as contemplated in section 234 are entitled to have access to such information about the child as has been stipulated in the agreement.