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Adoption is a legal way for an adult single person or couple - being unable to give birth to a child or wishing to bring another child into the family, for example - to become the legal parents of a child. When you adopt a child, the child becomes yours as though born of you.
LEGAL ADOPTION It is illegal to attempt to become a child's "permanent" parent in any other way than through the adoption process. Becoming a child's foster parent involves another process, which is discussed here. To pay a woman for her child is a crime. Only children made available for adoption may be adopted. For example, a child whose parents are both dead or who has been abandoned is available for adoption. Where the parents are alive and can be found, they must both consent to the adoption. Any child under 18 years can be adopted. Open adoptions are adoptions where the identities of the various parties are known to each other. For example, where other family members of a child, adopt the child. With closed adoptions, identities of the parties are not known from the start of the process. Closed adoptions are usually done through accredited welfare agencies or private practitioners. The social worker involved in this process may advise the parties to consider sharing their identities with each other in the best interests of the child, for example, to ensure that they retain contact with their culture and roots. WHO CAN ADOPT A CHILD?
WHEN IS ADOPTION NOT NECESSARY? The biological father of a child born to an unmarried woman may apply to adopt a child. However, it is not necessary for the father to adopt the child if he marries the mother of the child either after or before the birth, as the marriage will confer on him the rights and obligations normally associated with the children of a marriage. A child born as the result of artificial insemination of a married woman is automatically the child of that woman and her husband. The husband does not need to adopt the child. Currently, a child born from a surrogate mother is the birth mother's child and must be adopted by the commissioning parents. However, in terms of the Children's Act, likely to be implemented in 2008, a child born from a court-confirmed surrogate-motherhood agreement will automatically be the child of the commissioning parents. ARE INTER-COUNTRY ADOPTIONS POSSIBLE? In the past, adoption by a non-citizen of a child born of a South African citizen in South Africa was possible only if the non-citizen qualified for naturalisation as a South African citizen. South African courts also had no legal power to undertake adoption procedures in respect of non-South African children by South Africans. However, South Africa has now signed an international convention on inter-country adoptions. The Children's Act, likely to be implemented in 2008, sets out the procedure for inter-country adoptions. To legalise any inter-country adoptions it is important that social workers liaise directly with the Registrar of Adoptions in Pretoria via the Departmental Provincial Head Office with the Affiliated Bureau for International Social Services (ISS) in South Africa. Registrar of Adoptions, Department of Social Development (National) Affiliated Bureau for International Social Services HIV/AIDS AND ADOPTION OR FOSTERING The status of the child Prospective parents often want to know whether the child they are going to adopt is HIV positive. The law does not require the adoption agency to tell the parents this, but some adoption agencies will disclose this. The status of the adoptive parents There is no legal requirement for prospective parents to be tested for HIV. However some adoption agencies will not consider a person who has HIV to adopt a child and may demand that the applicants, child and birth mother to be tested for HIV before they willl proceed with a placement. However, HIV testing is not something that the law demands and it can be considered an invasion of a person's privacy. |
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WHERE TO START ADOPTION PROCEEDINGS Adoption proceedings are mostly handled by social workers at accredited welfare adoption agencies. There are three major accredited agencies in the Western Cape - the ACVV, BADISA, and Child Welfare. You can contact their head offices to find one of their service offices near you. Please be aware that all these agencies charge a fee, based on the income of the prospective adoptive parent(s), that goes towards administrative expenses relating to the adoption. You can also contact your local district office of the Department of Social Development for welfare agencies in your area. Social workers from these offices often handle stepparents' adoptions themselves. They also compile home study report on an applicant's social circumstances, if asked to do so. Some welfare agencies involved in fostering placements may also, usually in the case of open adoptions, assist with arranging an adoption. (Closed adoption - where the identity of the parties remains unknown - is usually done through the major welfare agencies.) Currently, registered social workers in private practice may also provide an adoption service, but you will need to pay a fee. However, when the Children's Act is implemented (probably 2008), social workers in private practice will no longer be able to do adoptions unless they are also formally registered as child-protection organisations. Your local doctor or health care worker may also be able to assist you with contact numbers. MAJOR WELFARE ADOPTION AGENCIES ACVV (Afrikaanse Christelike Vroue Vereniging) BADISA (The former Diakonale Dienste amalgamated with the former Christelike Maatskaplike Raad (CMR)) Child Welfare Adoption Centre SOME WELFARE AGENCIES INVOLVED IN FOSTERING CAFDA (Cape Flats Development Association) Communicare Jewish Community Services THE ADOPTION PROCESS The adoption process is a long and complex process. First you apply to an adoption agency or social worker. A social worker from the agency will assess your suitability as a prospective adoptive parent. If you have made contact with a mother who wishes to give up her child for adoption, without going through an agency, you should contact a social worker to help you to ensure that the adoption is legal. When the agency finds a child for you to adopt, you should apply to the Children's Court in the district in which the child lives. The Children's Court will hold a formal court hearing that is closed to the public. The Commissioner of child welfare will hold the hearing. You must satisfy the Commissioner that you:
The social worker will report to the Commissioner, confirming that they think you are suitable. The Commissioner will look at the religion, culture and race of the child's natural parents and its adoptive parents. The Commissioner does not have to match these things. The best interests of the child are most important. The natural parents must sign a consent form. Usually your names as the adoptive parents are filled in on the consent form but you can have a closed adoption. This means the adoptive parents and the natural parents agree, through the social worker, that the natural parents will not know the names of the adoptive parents. If the Commissioner is satisfied, an adoption order will be issued. The adoption order might only be issued months after you first apply, so be prepared for a time consuming process. HELPFUL HINTS
CANCELLING AN ADOPTION The natural parents, adoptive parents or the Minister of Social Development can apply to the Children's Court to cancel an adoption within two years of the date of the adoption. A cancellation can only be applied for if:
Adoption agencies have a child-oriented approach to adoptions, which means they focus on the needs of children rather than on the needs of childless couples. Prospective adoptive parents are carefully screened and receive intensive training to help them with childcare, child management and parenting skills and to meet the challenges of adoption. Community volunteers may be actively involved in providing both training and additional support. For more information contact the provincial Department of Social Development. |
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Department of Social Development (Provincial Government of the Western Cape) |
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Cape Gateway is a government service aimed primarily at citizens of the Western Cape, providing information on local, provincial and national government |  |