19 September 2007
In light of media enquiries on the adoption process in South Africa, an
outline is provided below:
Since 1994, government has introduced a host of programmes to protect
children from vulnerability. In 2005, Minister for Social Development Zola
Skweyiya, launched the national Adoption Programme and has continuously pleaded
with South Africans to take it upon themselves in ensuring that all children in
this country are cared for. The proper placement of children with families
through adoption provides a permanent home and stability to children.
Current adoption statistics
April 2004 to March 2005: 2 601 adoptions
April 2005 to March 2006: 2 520 adoptions
April 2006 to March 2007: 2 568 adoptions
When is a child considered for adoption?
The child is considered for adoption if it has been established by a
children's court that:
* the child is an orphan and has no guardian or caregiver, who is willing to
adopt the child
* the whereabouts of the child's parent or guardian cannot be
established,
* the child has been abandoned
* the child's parent or guardian has abused or deliberately neglected the
child, or has allowed the child to be abused or deliberately neglected and
efforts to provide rehabilitative services to the parent or guardian have not
succeeded,
* the child is in need of a permanent alternative placement.
An adoption relationship is expected to last a life time. Adoptive parents
assume full parental responsibilities and rights towards the child.
The adoption court order terminates any relationship and contact the child
had with his parent, guardian or primary care giver or any other family member,
unless an agreement which allows contact with them has been entered into with
adoptive parents.
Some of the organisations that provide adoption assistance services are:
* AFM: Abba Adoptions
* Child Welfare Society
* Christelike Maatskaplike Raad (CMR)
* Suid Afrikanse Vrouefederasie (SAVF)
* Afrikaanse Christelike Vrouevereniging (ACVV)
* Ondersteuningsraad
* Catholic Women's League
Adoption services are only rendered by child protection organisations and
social workers in private practice. Some organisations receive subsidy from the
Department of Social Development for their services whilst others do not.
The new Children's Act, 2005 (Act 38 of 2005) provides that a person may not
be disqualified from adopting a child by virtue of his/her financial status. It
is however, important that prospective adoptive parents must be fit and proper
to be able to provide for the adopted child. Child support grant can be
recommended if they qualify.
A person may be turned down as prospective adoptive parent due to, e.g. if
he/she is found to be unsuitable to work with the children, cannot provide the
child with stability, security, safe home environment and is not
psychologically and emotionally stable.
The new Children's Act (Section 231) provides a list of persons who may
adopt a child, including unmarried person and the biological father of the
child born out of wedlock. It is however important to emphasise that any
decision will be based on the best interest of the child. Every child
protection organisation will have its own requirements and it will depend on
the need for adoptive families looking at the best interest of the child.
The screening process
This differs from organisation to organisation and the steps mostly followed
are:
* orientation
* fertility individual or couple interviews focusing on infertility,
background, marriage, extended family support, parenting, finances, culture and
home environment
* home visit
* a week long preparation course
* matching, placement and legal finalisation
* two year after care and support
The screening and preparation process can take up to four to six months.
The birth mother has access to the child (open adoption) where there is an
agreement between her and the adoptive parents. The childcare legislation makes
provision for both the birth parent/s and the adopted children to search for
their roots, once the child turns 18 years. The birth parent/s must give
consent in writing if they want their biological child to make contact with
them. The same applies to the adoptive children, at the age of 18, when the
birth parents want to make contact with them.
The Children's Act makes provision for foreigners to adopt South African
children. There are intercountry adoptions already taking place between South
Africa (as a member State to the Hague Convention) and some of the Contracting
States of the 'Hague Convention on the Protection of Children and Co-operation
in respect of Intercountry Adoption.'
Foster care
A child is considered for foster care if she/he has been found in need of
care and has to be placed in foster care as a suitable long or short term
alternative care placement and if it is in the best interest of the child.
There is also a high probability that the child will be reunited with his
family of origin unless she/he is in foster care on a long-term basis.
The foster parent can apply for foster care grant to enable him/her to meet
the material needs of the child.
For further enquiries contact:
Lakela Kaunda
Spokesperson
Cell: 082 782 2575
Issued by: Department of Social Development
19 September 2007
