Family Law

Adoption

Adoption is the legal process that permanently transfers all parental rights from a child's biological parents to the adoptive parents. It requires a court order and is irrevocable.

Legal Definition

Governed by Chapter 15 of the Children's Act 38 of 2005. A child can be adopted if the biological parents consent (or consent is dispensed with by court), and if adoption is in the child's best interests. The High Court or Children's Court approves adoption. The adoptive parents become the child's legal parents.

📖 Constitutional / Statutory Basis: Section 28, Constitution of the Republic of South Africa, 1996; Children's Act 38 of 2005 Chapter 15

Practical Example

A couple adopts a child through an accredited adoption agency. The Children's Court investigates suitability, holds a hearing, and makes an adoption order. Biological parents' rights terminate and the adoptive parents are legally the parents.

Frequently Asked Questions

Can same-sex couples adopt in South Africa?

Yes. The Constitutional Court confirmed in Minister of Home Affairs v Fourie that same-sex couples have equal rights — adoption is no exception.

Can adoption be reversed?

Generally no — adoption is permanent and irrevocable. Only in exceptional cases (e.g., fraud) could a court consider rescission.

What is inter-country adoption?

Adoption of a South African child by a foreign national or vice versa, governed by the Children's Act and the Hague Convention on Intercountry Adoption.

Related Terms

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