Parenting is one of the greatest endeavours a person can undertake. It is an important venture, which may be filled with many uncertainties for any new parents. Parenthood has over the years changed dramatically as well, and we are now able to be gifted the rights and responsibilities of parenthood in more ways than one.

Adoption is an avenue which many people do not consider, but which is always available. The process of adoption is governed by the Children’s Act, 38 of 2005. Accordingly, any child, younger than 18 years, may be adopted for reasons such as: where the child is an orphan, abandoned, or where the child needs a permanent home, among other reasons.

The requirements for a person to adopt a child are also listed in the Children’s Act, Section 231(1), where it is stipulated that the following persons may adopt children:

1. Jointly by
1.1. A husband and wife;
1.2. Partners in a permanent domestic life-partnership; or
1.3. Other persons sharing a common household and forming a permanent family unit;

2. By a widower, widow, divorced or unmarried person;

3. By a married person whose spouse is the parent of the child or by a person whose permanent domestic life-partner is the parent of the child;

4. By the biological father of a child born out of wedlock; or

5. By the foster parent of the child;

It is clear from this that the type of family structure you might currently have, does not necessarily preclude your family from adopting a child. Rather, it will be based on whether you and your family unit will be able to take care of the adopted child.

To this end there are certain requirements as to how fit and able you are to care, maintain and undertake the duties of parenthood through adoption. These requirements are summarised as that you should be fit to be entrusted with parenting duties, being willing and able to maintain and care for the adopted child, and that you should be at least over the age of 18 years yourself. You will also be assessed by an adoption social worker who will investigate the circumstances, and your ability to care for the adopted child.

Adoption of a child also requires the consent of the biological parents of the child, or any other person holding guardianship over the child at that time. It is also interesting that the legislature allows the consent of a child, where they are older than 10 years of age, to play an important role in the adoption process.

The adoption process then kicks off with an application to the Children’s Court. The Application will be heard by a presiding officer and who will grant the adoption order once all the relevant requirements have been met, and the Children’s Court is satisfied that the adoption is in the best interests of the minor child.

Should the Children’s Court be satisfied, it will give in order that the adoption has been granted. This process is however not strict to only a specific order being granted. For instance, the biological parents, guardians or persons who hold an interest in the child may request that they speak with you prior to the adoption process, and to complete what is called a “Post Adoption Agreement”.

A post adoption agreement is similar to a parenting plan, where the new adoptive parents and the previous guardians or interested parties agree to certain ways in which they may communicate, visit, have contact or still enjoy time with the minor child. These post adoption agreements will become part of the Granted Adoption Order and can hold any arrangement which is in the best interests of the adopted child. These arrangements can for example be that the biological mother may attend the wedding of the adopted child, or that the biological grandparents may be able to call the adopted child at certain times.

Adoption is a fundamental privilege in our society. It is founded on ensuring that the best interests of children are upheld. It is important to follow the guidelines of the Children’s Act regarding adoption, but most important is that the best interests of the adopted child must be considered above all else.

Mental Health