Giving up a child for adoption
Giving up a child for adoption requires careful consideration of the following facts to ensure that it's in the best interest of the child.
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 counseled by an adoption social worker before signing permission for the adoption.
The presiding officer must in private explain to the parent exactly how and when all parental rights will be transferred to the adoptive parents. All 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. The parental rights are only cancelled when the final adoption order is signed and not when Form 61 is signed. A post-adoption agreement, which allows the parent future contact with the child, can be made through a court order at the same time when the adoption order is signed.
It's not possible to simply sign away parental responsibilities. Parental rights and legal ties which bind a child to other relatives are only terminated when the final adoption order is signed and not when Form 61 is signed.
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 allow 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.
Consent is given in the following way:
Consent isn't necessary (this isn't automatic, as the court needs to make a factual finding) if:
If the parent referred to above is the biological father of the child, the consent of that parent to the adoption isn't necessary if:
Biological parents can withdraw their consent within 60 days of signing the consent form by signing a Form 64.
Consenting to the adoption of a child is often a difficult thing to do and child protection organisations and the Department of Social Development will provide support services to assist you.
|Government Body:||(Western Cape Government)|