Adoption in South Africa: A Comprehensive Guide

Adoption is a significant legal process that can change the lives of both the adoptive parents and the child. In South Africa, adoption is regulated by the Children's Act and it's essential to understand the legal requirements and steps involved. Here's what you need to know about adoption in South Africa.

What is Adoption?

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents.

Thus, adoption is a legal process that establishes a permanent relationship between an adoptive parent and a child, who is not biologically related to them. Through adoption, the adoptive parent assumes all legal responsibilities and rights that come with parenthood.

What is Involved in the Adoption Process?

The first step in the adoption process is going to any accredited adoption agency in any province of your choice to apply and which agency will conduct a screening and/or home visit/inspection to check if you are fit and proper to adopt a child. Each adoption agency have different requirements which form part of their screening process, but you can expect to undergo psychometric testing, have an interview with a social worker/s and obtaining a police clearance certificate.

Once the adoption agency is satisfied that you and your home meet their requirements, they will put you on a Register of Adoptable Children and Adoptive Parents while they help you search for a child who is available for adoption.

If a child is available, the adoption agency will call you to their offices to meet the child and ask you if you are interested in adopting the child.

If you agree, the adoption agency will send a report to the Children’s Court to finalise the adoption and issue an adoption order. The Court report will be sent to the Department of Social Development so they can check if correct procedure was followed and to record both your and the child’s details.

Who can provide Adoption Services?

When dealing with any adoption agency, it is important to keep in mind that only certain people are legally allowed to provide adoption services such as:

• a child protection organisation accredited to provide adoption services and/or inter-country adoption services;

• an adoption social worker or a private practitioner; OR

• the central authority in the case of inter-country adoptions.

Who can apply for Adoption?

Any South Africa citizen over the age of 18 is eligible to adopt a child. But, more specifically:

• spouses, partners in a life-partnership (including same-sex couples), or other persons sharing and forming a permanent home;

• a widower, widow, unmarried, or divorced person;

• a person married to the parent of the child, for example, a step-parent; or

• the father of a child born out of wedlock.

Where and How to make an Adoption Application?

It is recommendable to approach Adoption Attorneys who have experience with adoptions, as you will need to make an Application for the Adoption to the Children’s Court in the jurisdiction where the child lives. An adoption application will contain, inter alia:

• information that the child is adoptable;

• the parents have been screened and are suitable to adopt the child;

• the social worker’s report;

• the psychologist assessment;

• police clearance;

• a letter from the Department of Social Development approving the adoption;

• consent of the adoption; and

• any effort to finding the biological parents of the child.

What is an Adoption Order?

An adoption order is an order of court that states the child is now officially under the parental authority of the adoptive parents and that the child’s surname will be changed to the adoptive parents’. It is important to take note that an adoption order can only be granted in the Children’ s Court in the jurisdiction where the child lives.

The Department of Social Development in the parents’ province must approve the adoption, after which the Children’s Court will issue an adoption order.

Adoption Registration

Once the adoption order has been granted by the Children’ s Court, the adoption must then be registered at Home Affairs, whereafter the child will receive a new birth certificate and ID number.

Adoption is a significant legal process that requires careful consideration and planning. By understanding the different types of adoptions, the legal requirements and the steps involved, prospective adoptive parents can navigate the process with confidence and ensure that the best interests of the child are served. With the help of a reputable adoption agency or child welfare organization, adoptive parents can give a child a new family and a bright future.

If you need any assistance with an adoption application and/or obtaining an adoption order, please contact our Adoption Lawyers who have extensive experience in this area of law.