Learning about adoption

A WEEK ago, we celebrated World Adoption Day. Under this broad topic, we covered the adoption process in South Africa and the importance of this process. We highlighted what qualifies a minor to be adopted and who is eligible to adopt. In continuation of the topic, in this article, we highlight how to qualify for adoption and the remaining process of this legal action which includes the intervention of the Children’s Court, as well as clearing misconceptions. 

According to the Department of Social Development, in order to qualify to be a prospective adoptive parent, you ‘must’ match the criteria as set out in Section 231 subsection 2. You need to be:

• fit and proper to be entrusted with full parental responsibilities and rights in respect of the child;
• willing and able to undertake, exercise and maintain those responsibilities and rights in respect of the child;
• over the age of 18 years, and
• properly assessed by an adoption social worker for compliance with the above.

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The department emphasised that in the assessment of the prospective adoptive parent, an adoption social worker may take into consideration the cultural and community diversity of the adoptable child and the prospective adoptive parent. A cross-cultural adoption is supported as long as it is in the child’s best interest in establishing lifelong relationships.

Furthermore, the department declares that a person may not be disqualified from adopting a child by virtue of his or her financial status. Any person who adopts a child may apply for means-tested social assistance where applicable, and this relates to a child-support grant and a disability grant if applicable.

“Persons interested in adopting a child can go to their nearest Department of Social Development Offices to be screened as a prospective adoptive parent and to be placed on the Register of Adoptable Children and Prospective Adoptive Parents (RACAP).

“The details of a child that is assessed as adoptable will be recorded on this register unless he/she has already been matched with suitable prospective adoptive parents. This register is maintained at the National Office of the Department of Social Development.”

The department warned that adoption is not a costly process, hence one must not be misguided by this notion. “Only a social worker is registered to render adoption services, and there are no other professionals involved except the presiding officer who is hearing the matter at the Children’s Court.”

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In lieu of the responsibility placed on the Provincial Department of Social Development, in terms of Section 239 (1) (d), whereby a Letter of Recommendation for adoption must be issued by the head of department, the department has established the Provincial Adoption.”

It is critical that the correct process in adoption is followed, so it is imperative to seek the correct information on how to go about adopting a child. It is not a regular or legal process to just take a child from the mother/parents because they claim not to want the child without undergoing the correct procedure.  

For further information, the public is encouraged to approach their nearest Department of Social Development Office in their area of residence to be guided on the adoption process.