Adoption in South Africa
Adoption laws in South Africa are outlined by the Child Care Act of 1983, which require social workers and adoption agencies to "give due consideration" to language, religion and culture when matching prospective parents with children.
Paying for a child
Paying for a child is a crime in South Africa.
Consent to adopt
A child whose parents are both dead is available for adoption. Where the parents are alive, they must both consent to the adoption.
Child born out of wedlock
In the case of the child born out of wedlock, consent must be given by both the mother and the natural father provided that he has acknowledged himself in writing to be the father of the child and has made his identity known on the child's birth certificate. Where only one parent has given consent the commissioner causes a notice to be served within 14 days informing him or her of the consent that has been given and affording him or her of the opportunity to also give or withhold consent.
The notification of an intended adoption of a child born out of wedlock may be dispensed with if the children's court is satisfied that the birth father:
deserted the child and/or whose whereabouts are unknown |
a father of a child born out of wedlock, has failed to acknowledge himself as the father of the child or has without good cause failed to discharge his or her parental duties with regard to the child |
the child was conceived as a result of an incestuous relationship between himself and the mother of the child |
was convicted of the crime of rape or assault of the mother |
was, after an inquiry by the children's court following an allegation by the mother of the child, found on a balance of probabilities, to have raped or assaulted the mother; provided that such a finding shall not constitute a conviction for the crime of rape or assault as the case may be. |
Who can adopt a child?
A married couple can jointly adopt a child. |
Partners in a life-partnership (including same-sex partners) can jointly adopt a child. |
A person who has married the natural parent of a child can adopt the child (adoption of a step-child). |
A single person (a widow or widower or an unmarried or divorced person) can adopt a child as a single person if they get the consent of the Minister. |
Can homosexuals adopt?
Yes, homosexuals can adopt either as individuals or as partners.
Artificial insemination
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.
Biological father of a child born to an unmarried woman
A 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, as the marriage will confer on him the rights and obligations normally associated with the children of a marriage.
HIV status
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 allow a person who has HIV to adopt a child. HIV testing is not something that the law demands and it can be considered an invasion of a person's privacy.
Adoptions of South African children from non-South Africans
South Africa recognizes two kinds of adoptions by foreigners: 1) those completed by foreign residents of South Africa, and 2) international adoptions where foreigners are given children to adopt in their home country. The first category requires the foreigners to be resident for 5 years in South Africa and the adoptions are handled by an accredited agency and finalized by the Department of Social Development.
South African subscribes to the Hague Convention (since 2003), which regulates inter-country adoptions, in order to prevent child trafficking and kidnapping. According to the Hague Convention, only people from countries that subscribe (e.g. Finland and Belgium) may adopt South African children. Each country which subscribes to the Hague Convention must have a central authority regulating this kind of adoption, and only reputable non-governmental organisations may set up and manage these adoptions. If money changes hands, it must go to the organisation (not individuals). Up to 5 years after the adoption, social workers in that country must submit regular reports to the South African body.
Is it ideal for a child to leave its country of birth?
No. But a child needs to be in a family, which is far better than growing up in an institution.
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