Giving up a Child for Adoption

Description:
Consent for an adoption of a child ends the relationship between the biological parents and the child and the biological parents have no parental responsibilities or rights to the child.

If the biological parents of the child are alive, they must both consent to the adoption.

Consent is not necessary if the parent or guardian:

  • 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 court of the right to consent to the adoption of the child or
  • 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

Both the mother and the father must sign the consent form to allow the adoption by a specific person or couple.

If the biological parents are not married the mother and father must also give consent for the adoption of the child.

Biological parents can withdraw their consent within 60 days of signing their consent.

If the child is ten years or older, the child must also consent to the adoption.

If the child is in foster care, the foster parents must also certify that they do not wish to adopt the child.

When the child is adopted all parental responsibilities and rights between the child and its biological parents end. An adoption is finalised once the adoption order is finalised.

Consenting to the adoption of a child is a difficult thing to do and child protection organisation and the Department of Social Development will provide support services to assist you.

Instructions:
For more information contact your Local Office of the Department of Social Development or a child protection organisation in your area.

Provided by:
Government Body: (Western Cape Government)
The content on this page was last updated on 28 August 2013