Children's Act, 2005 (Act No. 38 of 2005)Chapter 15 : Adoption233. Consent to adoption |
| (1) | A child may be adopted only if consent for the adoption has been given by— |
| (a) | each parent of the child, regardless of whether the parents are married or not: Provided that, if the parent is a child, that parent is assisted by his or her guardian; |
| (b) | any other person who holds guardianship in respect of the child; and |
| (c) | the child, if the child is— |
| (i) | 10 years of age or older; or |
| (ii) | under the age of 10 years, but is of an age, maturity and stage of development to understand the implications of such consent. |
| (2) | Subsection (1) excludes a parent or person referred to in section 236 and a child may be adopted without the consent of such parent or person. |
| (3) | If the parent of a child wishes the child to be adopted by a particular person the parent must state the name of that person in the consent. |
| (4) | Before consent for the adoption of the child is granted in terms of subsection (1), the adoption social worker facilitating the adoption of the child must counsel the parents of the child and, where applicable, the child on the decision to make the child available for adoption. |
| (5) | The eligibility of the person contemplated in subsection (3) as an adoptive parent must be determined by a children's court in terms of section 231(2). |
| (6) | Consent referred to in subsection (1) and given— |
| (a) | in the Republic, must be— |
| (i) | signed by the person consenting in the presence of a presiding officer of the children’s court; |
| (ii) | signed by the child in the presence of a presiding officer of the children’s court if the consent of the child is required in terms of subsection (1)(c); |
| (iii) | verified by the presiding officer of the children’s court in the prescribed manner; and |
| (iv) | filed by the clerk of the children’s court pending an application for the adoption of the child; or |
| (b) | outside the Republic, must be— |
| (i) | signed by the person consenting in the presence of the prescribed person; |
| (ii) | verified in the prescribed manner and by the prescribed person; and |
| (iii) | submitted to and filed by a clerk of the children’s court pending an application for the adoption of the child. |
| (7) | The court may on good cause shown condone any deficiency in the provision of a consent given outside the Republic in that the consent— |
| a) | was not signed in the presence of the prescribed person; or |
| b) | was not verified in the prescribed manner or by the prescribed person. |
| (8) | A person referred to in subsection (1) who has consented to the adoption of the child may withdraw the consent within 60 days after having signed the consent, after which the consent is final. |