ADOPTIONS ARE MANAGED BY PROCARE & NORSA - MICHELLE NIEUWOUDT

• Social Worker
• NorSA Community Care
• Telephone: + 27 21 873 5636
• Fax: +27 21 873 6127
• Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• Website: www.norsacommunitycare.org

WHO CAN ADOPT?

• Jointly by husband and wife, partners in a permanent domestic life partnership, and other persons sharing a common household and forming a permanent family unit.
• A widower, widow, divorced or unmarried person.
• A married person whose spouse is the parent of the child (step-parent) or by a person whose permanent domestic life-partner is the parent of the child.
• By the biological father of a child born out of wedlock. This clause is applied as per Section 21 of the Children’s Act 38/2005 when the parental rights of the father is not afforded to him by default.
• By a foster parent of the child.

TYPES OF ADOPTIONS:

• Non-disclosed adoption – prospective adoptive parents and adoptive children are not related and no identifying details are disclosed to any party.
• Disclosed adoption – identifying details are disclosed.
• Family adoption – the child is legally adopted by the spouse of the biological parent or a family member.
• Foster care adoption – when a child in foster care becomes available for adoption the foster parent is given first preference to adopt the child.

WHAT ADOPTION ENTIALS:

• Legal considerations
• In terms of section 242 of the Children’s Act, all parental rights and responsibilities of the natural family are terminated
• Consent is not required or necessary if the consent was taken away by a court from the parent or guardian who:
• Is incompetent to give consent due to mental illness.
• Had abandoned the child, or if the whereabouts of that parent or guardian cannot be established, or if the identity of that parent or guardian is unknown.
• Has abused or deliberately neglected the child or has allowed the child to be abused or deliberately neglected.
• Has consistently failed to fulfil his or her parental responsibilities towards the child during the last 12 months.
• Has been divested by an order of a court of the right to consent to the adoption of the child.
• Has failed to respond to a notice of the proposed adoption (referred to in Section 238 of the Children's Act 38/2005) within the 30 days of service of notice.
• Alternatively, in the best interest of the child, the court must waive the parent’s right to consent to an adoption.
• Biological parents can withdraw their consent within 60 days of signing their consent.
• If the child is 10 years or older, the child must also consent to the adoption.
• If the child is in foster care, the foster parents may apply to adopt the foster child/children in their care. They can also certify that they do not wish to adopt the child. This is, however, a limited courtesy gesture and foster parents can't indefinitely prevent the adoption of a foster child should such adoption be in the child’s best interests