Children's Act, 2005 (Act No. 38 of 2005)

Chapter 15 : Adoption

230. Child who may be adopted
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(1)Any child may be adopted if—

(a)        the adoption is in the best interests of the child;

(b)        the child is adoptable; and

(c)        the provisions of this Chapter are complied with.

 

(2)        An adoption social worker must make an assessment to determine whether a child is adoptable.

 

(3)        A child is adoptable if—

(a)the child is an orphan and has no guardian or caregiver who is willing to adopt the child;
(b)the whereabouts of the child’s parent or guardian cannot be established;
(c)the child has been abandoned;
(d)the child’s parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected;
(e)the child is in need of a permanent alternative placement.
(f)the child is the stepchild of the person intending to adopt; or

[Section230(3)(f) inserted by section 9 of Act No. 17 of 2016]

(g)the child's parent or guardian has consented to the adoption unless consent is not required.

[Section230(3)(g) inserted by section 9 of Act No. 17 of 2016]