Adoption In South Africa
For many, adoption is the only viable way for them to expand their families and can make a dream of having a family come true. The process of adoption seeks to legally place a child permanently with a parent or parents who may not be biologically related to the child. In the adoption process, the parental rights of the biological parents will be terminated while handing over the parental rights and responsibilities to the adoptive parents. After the process, the adopted child must be regarded as the child of the adoptive parents.
The process of adoption in South Africa is available to all persons having the means to fend for a child, regardless of marital status or gender. This is also one of how same-sex couples are afforded the joy of parenthood. Today, many children have been placed in a stable and loving home due to this process. The availability and process can be discussed with our attorneys who are well acquainted in the sometimes long and complicated process of adoption.
Adoption Law In South Africa
In South Africa, adoption is regulated by the Children’s Act. An Adoption order can only be granted in the Children’s Court in the jurisdiction where the child lives. Much consideration is given by the Courts before granting an adoption, it is therefore imperative that you contact our adoption lawyers in Johannesburg to assist you.
The adoptive child may be issued with a new birth certificate and get the surname of the adoptive parents, however, it is also possible for the child to keep their original surname.
Legal Adoption Process In South Africa
Section 250(1) of the Children’s Act (Act 38 of 2005), stipulates that only certain people are allowed to provide adoption services. These are:
- A Child Protection Organisation accredited in terms of Section 251 in providing adoption services;
- An adoption social worker, a private practitioner as defined in the Act;
- The Central Authority in the case of intercountry adoptions; or
- A Child Protection Organisation accredited in terms of Section 259 to provide intercountry adoption services.
Legally all adoption service providers must be accredited in terms of Section 251 of the Children’s Act (Act 38 of 2005) and comply with the norms, standards and accreditation criteria.
INSIST ON DEALING WITH EXPERIENCED ADOPTION LAWYERS
Burger Huyser Attorneys’ experienced lawyers will provide you with legal advice and guidance on all matters related to adoption and be with you every step of the way. The important aspect when deciding to adopt a child is the fact that you must feel comfortable with the family law attorney you decide on. You must trust, respect and be aware of the experience the chosen attorney has to take your case on and ensure that all the necessary standards and accreditation criteria have been met.