THE PROCESS OF ADOPTION IN SOUTH AFRICA

A lot of people are, for one reason or another, keen to adopt a child but dread the process due to insufficient information.

But what is adoption? Are all adoptions the same? Adoption is defined as the act of legally taking someone else’s child and raising that child as your own.

There are various types of adoptions available for people who are interested in adoption and these are:

1. Closed adoption: This type of adoption limits the adoptive parents and the biological parents. What is meant by limit? Well, the biological parents of the child have no say over who the prospective adoptive parents are and the prospective adoptive parents know very little about the adopted child’s.
2. Open adoption: This type of adoption gives the biological parents and the adoptive parents more freedom in the adoption process. What is meant by freedom? Well, the biological parents of the child are able to choose the prospective adoptive parents, and the adoptive parents are able to meet the biological parents of the child that they wish to adopt.
3. Semi-open adoption: This is the last type of adoption which exists in South Africa. With this type of adoption, the biological parents of the child are able to choose the adoptive parents. They are further entitled and/or able to maintain contact with the child through the adoption agency, however, the ultimate decision of contact between the biological parents and the child rests with the adoptive parents.

Who is eligible to adopt a child?

The Child Care Act sets out a list of people who are allowed to adopt a child in South Africa. These are:

1. A husband and wife jointly;
2. Partners in a permanent domestic-life partnership;
3. Persons sharing a common household and forming a permanent family unit;
4. A widower, widow, divorced or unmarried person;
5. A married person whose spouse is the parent of the child;
6. A person whose permanent domestic life-partner is the parent of the child;
7. The biological father of a child born out of wedlock and/or the foster parent of the child.

What are the legal requirements for adoption?

Almost anyone with the will and inclination to adopt and care for a child is eligible for adoption, but there are strict requirements which you must meet in order to qualify for adoption as an adoptive parent. To qualify, the adoptive parent(s) must be:

1. South African Citizens; and/or
2. Permanent residents in South Africa; and
3. 18 years or older; and
4. Less than 50 years of age. Although there are no age limitations, many of the adoption agencies state that people over 50 years of age are not allowed to adopt a child.

When can one adopt a child?

A person may adopt a child whenever they want to, provided they are 18 years or older and are South African Citizens and/or are permanent residents in the Republic of South Africa.

What does the adoption process entail and how long does the process of adoption take?

The adoption process is as follows:

1. Applying: Parents who wish to adopt a child must approach an accredited Adoption Agency. This Agency will then provide the parents with Application forms for Adoption which need to be completed.
2. Explanation: After, or even before the Adoption Application forms have been completed, the Adoption Agency will then explain to the parents wishing to adopt how the adoption process works.
3. Screening: This part of the process involves interviews with the prospective adoptive parents. The prospective adoptive parents will have interviews with a Social Worker, they will have full medical tests done, they will have psychological assessments done, home visits, police checks/clearances and will also need to provide motivation as to why they want to adopt a child and how they will be able to care for the child.
4. Waiting List: Once all the relevant checks have been done and the parents have been declared eligible to adopt, the parents are placed on a waiting list for the child. The parents set out what gender they want the child to be, how old they want the child to be etc, and the Adoption Agencies then try and find a child as close to their request as possible.
5. Introduction period: An introductory period will take place once the parents are placed on the waiting list. This introductory period is when the parents will be given a chance to be introduced to the child they want to adopt. How much time an adoptive parent can spend with the child they want to adopt, will depend on the age of the child. Once a child is declared legally adoptable, only then can a potential match with the screened adoptive parents commence.
6. Finalization of the adoption: This is the final stage of the adoption process. During this step, registration of the adoption takes place as well as noting of the adoption on the population register. Finalization of the adoption process can take a while to be completed. Consent from the biological parents and / or other parties involved in the adoption can be withdrawn up to 60 days after the giving of legal consent. The Children’s Act also makes provision for adoption to be cancelled, even after finalization, but this can be prevented by making sure all the legal requirements are met. Adoption is finalized in the Children’s Court once the child has been with the adoptive parents for some time and a Social Worker is satisfied that the best interests of the child are being exercised.

Adoption is possible for people are keen to adopt children, whether these are children of their own with a previous partner, unbeknown to them, or from a relative. The process to be followed gives the adoption agency the chance to assess the suitability of the adoptive parent to adopt as well as to assess the comfort of the adopted child. If you are keen on adopting, please speak to your nearest adoption agency or a lawyer.