Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 6 : Application for Adoption21. Consideration of adoption application |
| (1) | The clerk must, upon the direction of the presiding officer, notify the prospective adoptive parent, the parent who has not consented to the proposed adoption, the adoption social worker or any other person whose attendance is necessary to attend the adoption proceedings: Provided that where the person was warned by the court, no further notice will be required. |
| (2) | The court must record the proceedings. |
| (3) | The following documents, if applicable, must be submitted and considered by the court— |
| (a) | Form 60 of the general regulations; |
| (b) | the original identity document or birth certificate of the child or, where not available, a sworn statement to that effect by the adoption social worker; |
| (c) | a certified copy of the identity document or passport of the prospective adoptive parent; |
| (d) | a certified copy of the marriage certificate of the prospective adoptive parent; |
| (e) | a certified copy of the divorce order or death certificate of the spouse; |
| (f) | in the case where a child has been abandoned or orphaned, proof that the notice was placed on the noticeboard and published on the website of the relevant provincial department of social development or designated child protection organisation as provided for in the general regulations, or that an advertisement was published in a newspaper as provided for in the general regulations; |
| (g) | an affidavit by the adoption social worker setting out the steps taken to trace the parent or guardian; |
| (h) | an affidavit by a person, that the child had no contact with the parent or guardian for a period of at least three months; |
| (i) | a certified copy of death certificate of the parent; |
| (j) | the court order placing the child in the care of the prospective adoptive parent; |
| (k) | the certificate from the National Register for Sex Offenders in terms of section 48 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007); |
| (l) | a certified copy of a formal response to an enquiry in terms of section 126(3) of the Act to establish whether or not the name of the prospective adoptive parent appears in Part B of the National Child Protection Register, and if so, the reasons for entry of his or her name in such a Register; |
| (m) | a post adoption agreement; |
| (n) | the report of an accredited adoption social worker; |
| (o) | a letter by the head of the provincial department of social development recommending the adoption of the child; |
| (p) | any reports from other suitably qualified persons; |
| (q) | the consent of the child; |
| (r) | the consent of the parent; |
| (s) | the consent of the guardian; |
| (t) | the record of consent proceedings; |
| (u) | the written statement of the foster parent; |
| (v) | any information established by the clerk with regard to the request of a person who has consented to the adoption and who wants the court to dispense with the consent of another person; |
| (w) | the written response of a person who has been requested to indicate why the court should not dispense with such person’s consent; |
| (x) | any other relevant document; and |
| (y) | the report by the clerk on any failure to respond to the requests. |
(4)
| (a) | The court must, in considering the adoption application, have regard to all the relevant factors and record findings in respect of the following: |
| (i) | whether the child is adoptable in terms of section 230(3) of the Act; |
| (ii) | whether the prospective adoptive parent is fit and proper to be entrusted with the full parental responsibilities and rights in respect of the child as provided for in section 231(2)(a) of the Act; |
| (iii) | whether the prospective adoptive parent is willing and able to undertake, exercise and maintain those responsibilities and rights as provided for in section 231(2)(b) of the Act; |
| (iv) | whether the prospective adoptive parent is over the age of 18 years as provided for in section 231(2)(c) of the Act; |
| (v) | whether the prospective adoptive parent was properly assessed by an adoption social worker for compliance with section 231(2)(a) and (b) of the Act; |
| (vi) | whether the religious and cultural background and preferences of the child, the child’s parent and the prospective adoptive parent have been taken into account as provided for in section 240(1)(a) of the Act; |
| (vii) | all reasonable preferences expressed by a parent and stated in the consent as provided for in section 240(1)(b) of the Act; |
| (viii) | the written statement of the foster parent if the child is adopted by a person who is not the foster parent, if applicable; and |
| (ix) | whether the proposed adoption is in the best interests of the child as provided for in section 240(2)(a). |
| (b) | The court must be satisfied and record the finding that consent— |
| (i) | to the adoption has been given as provided for in section 233 of the Act, and that such consent has not been withdrawn; |
| (ii) | is not required as provided for in section 236 of the Act; or |
| (iii) | has unreasonably been withheld and the adoption is in the best interests of the child as provided for in section 241(1)(a) and (b) of the Act. |
| (5) | The adoption order must be made on Form F of the Annexure. |
| (6) | Where the adoption order does not terminate parental responsibilities and rights, when an adoption order is granted in favour of the spouse or permanent domestic life partner of a parent, the adoption order must be made on Form G of the Annexure. |
| (7) | The court must record the time and date that the adoption order was made. |