Legal Adoption Process – South Africa

Adoption Law in South Africa

The Child Care Act forms the foundation of the Adoption Law and is very much adhered when following through with the adoption process. The ultimate objectives of the Children’s Act is to:

  • Protect the social and emotional well-being of a child.
  • To implement structures within a community that can care and protect the child.
  • To ensure that no child goes through starvation, abuse, exploitation and so forth.
  • To ensure that the public (adults) are not taking advantage/exploiting or inflicting physical harm onto a child.
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For free, expert legal advice on the Children’s Act, read our legal piece on The Law Regarding Children – The Children’s Act 38 of 2005. Feel free to call our law offices on 021 424 3487 for an online appointment for a professional legal consultation today.

Baby adoption process

We often don’t know where to start when it comes to child adoption. These are brief, yet relevant steps you could be looking at when entering into the adoption process:

  1. Establish a mutual ground between you and your spouse: this means making sure that both parties are actively involved in the adoption process and that both parties would like to process with the process.
  2. Social worker or adoption agency: A social worker mandatory to the process even though you may personally know the biological mother of the child. When it comes to a social worker and agency, you need to ensure that you can trust both the agency and social worker. These two factors will play an essential role in the outcome of the adoption process.
  3. Screening process: this can be the most dreadful step.
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You will need:

  • Interview with your social worker
  • Police clearance
  • Medical report
  • Psychological assessment
  • Summary of finances
  • Clearance from National Child Protection Register
  • Clearance from the National Register of Sexual Offenders
  • Assessing of your marriage
  • References
  • Group sessions
  • Social worker will have to visit your home to check for a stable, safe home for the child
  • An overall family assessment
  1. Wait for your child while the social worker determines an ideal candidate that suits the circumstances of the matter.
  2. You will get to meet your child and you will have an idea of your child’s history and have a choice if you would like to proceed.
  3. Complete the legal work: this is where a good, family legal expert comes in to help you through the process of the Children’s Court and other legalities.

Inter-country Definition

The term “inter-country” adoption is pretty much self-explanatory and refers to adoption taking place out of the country. For more information on inter-country adoption or overall adoption, click on the following links below:

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Are you residing out of Cape Town? No problem. Make use of our national number on 087 701 1124 or simply call our offices on 021 424 3487 for an online appointment for a professional legal consultation.


About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
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