Giving up a child for adoption
Giving a child up for adoption isn’t always easy, the decision requires a lot of thought to ensure that it will be in the best interest of the child. Child protection organisations and the Department of Social Development will provide guidance and support services to assist you throughout the process.
How the process works
In terms of section 233(4) of the Children’s Act 38 of 2005, a person must prove that he or she was counselled by an adoption social worker before signing permission for the adoption.
The presiding officer must explain in private to the parent exactly how and when all parental rights will be transferred to the adoptive parents. Legal guardians must go through this same procedure, this includes the maternal grandparents in the case of a minor birth mother, as well as the child if the child is over the age of 10.
Two different, but equally legal, ways of adoption are possible in terms of the Children’s Act:
Both the mother and the father must consent to the adoption by a specific person or persons. If the child is 10 years and older, the child must also consent to the adoption. If the child is in foster care, the foster parents must also certify that they don't wish to adopt the child.
One can give consent in the following way:
Consent isn't necessary (this isn't automatic, as the court needs to make a factual finding) if:
Biological parents can withdraw their consent within 60 days of signing the consent form by signing a Form 64.
For more information contact your Local Office of the Department of Social Development or a child protection organisation in your area.
|Government Body:||(Western Cape Government)|
- Cape Town Child Welfare Society Website (Link)
- Adoption Matters Act, 56 of 1998 (Act) (File type: pdf; size: 84.91 KB)
- Adopting a child (Service)
- Recording an Adoption (Service)
- How do I find my birth parents? (Service)