adoption in south africa

Calling around, I quickly realised that the issue of child abandonment was reaching epidemic proportions (estimated at 3,500 children in 2010 alone). Inter-country adoption entails the legal transfer of parental rights and responsibilities from birth parent(s) to you across international borders. This amendment has two parts, the first allowing government social workers to conduct an adoption, which the private social workers and child protection organisations have been very supportive of, going as far as to offer and deliver training and mentorship to assist the government in gaining the expertise they require to become proficient in this specialist area. Adoption South Africa. The court must be careful and has to look at a lot of important factors, including: It is a serious decision to adopt a child or give one up for adoption. Families with other children must wait until the youngest child is at le… at the time of the adoption order, the adoptive parent did not qualify to be an adoptive parent. Adoption laws in South Africa are outlined by the Child Care Act of 1983, which require social workers and adoption agencies to "give due consideration" to language, religion and culture when matching prospective parents with children. We work directly with the South African Central Authority (Department of Social Development) to place children in loving, safe, and permanent homes. In a shocking turn of events, the government has introduced a last-minute amendment to the Children’s Act which it is trying to strong-arm through the legislative process without proper consultation with the child protection community. In most cases, the kids who are up for arrogation are orphaned, while others are those whose parents chose to abandon. What was apparent in my findings is the complexity of childbearing and kinship in the context of African ancestral beliefs in southern Africa. They specialize in National Adoptions, Inter Country Adoptions, Unplanned Pregnancies and Social Services. Click here to see other benefits and to sign-up to our reader community supporting quality, independent journalism. Research conducted by Shukumisa in 2016 found that the majority of social welfare services in SA are provided by NPOs. You can only apply for national adoption if you are a South African citizen residing in South Africa and you want to adopt a South African child. The law in South Africa is very permissive regarding who can adopt. This included community members, police officers, social workers, nurses, children’s home managers and carers, adoption social workers, psychologists, psychiatrists and traditional healers and sangomas. One of the strangest omissions in the act, which was written by government legislators, was that government social workers were prevented from conducting an adoption and that these could only be undertaken by independent accredited social workers and child protection organisations, an issue they have been trying to amend ever since. Timeline: It is expected that families will wait up to 6-12 months for a referral of a child after their dossier is submitted. In the past nine years of working in the child protection community with both government and independent social workers, police officers, nurses and various state officials, I have been told many times that although the government must be seen to support the Children’s Act and the right of every child to grow up in a family, in terms of our Constitution, adoption is seen as problematic. These informal arrangements, however, are often not formalised through the courts, and it is this process of formalisation, where a court removes the parental rights of the biological parent from a child and then places those rights into another family, with different familial ancestors that were cause for concern. I kept on being told by community members that “adoption is not ubuntu”. Although none would state it outright, I believe due to fear of victimisation, most child protection organisations believed that this “over-regulation” was tantamount to the constructive prevention of adoption. This means that if South Africa makes a law about intercountry adoption that is not in line with the Hague Convention, then the South African law will be thrown out and the Convention will apply. It has unfortunately been the position in South Africa, and even worse in KwaZulu-Natal, that the turn around time for adoptions can take months if not years. SA's #1 Parenting Portal. A social worker will offer guidance and assistance as there are best-practice guidelines that will need to be followed within the accredited adoption system. If you are over 21 you can get your adoption papers without your adoptive parents’ permission. The population of South Africa is about 44 million. However, the recent economic downturn appears to have led to another spike in abandonment in 2018. The Hague Convention is a very important document because South Africa has agreed to follow it and make it into law in South Africa. This necessitated an application having been brought to the Durban High Court for an order streamlining the processes so that children in need can find their forever homes and start their lives with loving families. Following our articles on children and parents’ rights and responsibilities, we take a closer look at the rights and responsibilities that come with adoption of children in South Africa as referred to Chapter 15 of the Children’s Act. An adoption order has the effect of terminating the parental rights of the biological mother and father, while transferring the parental rights and responsibilities to the adoptive parents. Biological parents can only have access to the adoption records if the adoptive parents and the child give their written consent. Jointly by: They are also prevented from gaining donations that could be used in an adoption, effectively closing down all avenues for funding. the identity of the parent or guardian is not known. You have been given a gift and you have chosen to consciously give this gift away, not dissimilar to cultural views on the choice of abortion. When I queried this behaviour, I was advised that the greatest concern in assisting in the process of adoption is the fear of angering the ancestors, being found “guilty by association”, and being punished accordingly. I do not believe that many of these women would consider formal adoption as culturally they view it as problematic. 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