Adoption in South Africa

For some individuals who cannot have their own children for whatever reason, adoption is the best option for them to build a family of their own.

Technically speaking, adoption is the placement of an orphaned, abandoned or abused child in the permanent care of a person who is not their biological parent or permanent guardian. Adoption provides a permanent and stable family home for children who would otherwise be deprived of one and would spend their lives on the streets or lead a less fortunate life.

In recent years there have been many changes in South Africa regarding adoption. These include changes to the social and economic circumstances of adoption, birthfathers’ rights regarding their children and a new specified waiting period before the finalising of an adoption.

Family members often find themselves in circumstances where children in the family need to be adopted by either step parents or other family members. It is helpful to explore these issues with a professional person before embarking on the legal process.

Couples wishing to adopt a South African child are required by South African law to be investigated or screened to determine if they are suitable as an adoptive parent.

Each application will be considered individually according to circumstances of that specific case. The steps involved in the adoption process can sometimes be time-consuming and confusing and as such the assistance of a legal professional will be beneficial.

The prospective adoptive parent must first complete a form at the nearest Social Development office or Children’s Court. This application will then be assessed by a social worker to determine suitability as an adoptive parent.

The investigation or screening begins with an individual interview and a home visit which is then followed by a full psychological and social assessment by the social worker appointed to your case. You will also be required to furnish your social worker with various documents.

Once applicants have been fully screened and accepted as potential adopters by the social worker and the Department of Social Development, you will be placed on a waiting list until a suitable child becomes available. The waiting period for a child will vary depending on the circumstances of the case.

Despite what some people may say, an adoption must be made an order of the court and is therefore heard in the Family Court like any other application before it is made final.

Once the adoption order is made final the adoptive parent will be allowed to take his or her adopted child home and begin their new life together.


For further information on Child Adoption, please contact us on info@niselowlaw.co.za / http://www.niselowlaw.co.za