Children's Act, 2005 (Act No. 38 of 2005)Chapter 15 : Adoption239. Application for adoption order |
| (1) | An application for the adoption of a child must— |
| (a) | be made to a children's court in the prescribed manner; |
| (b) | be accompanied by a report, in the prescribed format, by an adoption social worker containing— |
| (i) | information on whether the child is adoptable as contemplated in section 230(3); |
| (ii) | information on whether the adoption is in the best interests of the child; and |
| (iii) | prescribed medical information in relation to the child. |
| (c) | be accompanied by an assessment referred to in section 231(2)(d); |
| (d) | be accompanied by a letter by the provincial head of social development recommending the adoption of the child; and |
| (e) | contain such prescribed particulars. |
| (2) | When an application for the adoption of a child is brought before a children’s court, the clerk of the children’s court must submit to the court— |
| (a) | any consent for the adoption of the child filed with a clerk of the children’s court in terms of section 233(6); |
| (b) | any information established by a clerk of the children’s court in terms of section 237(2); |
| (c) | any written responses to requests in terms of section 237(2); |
| (d) | a report on any failure to respond to those requests; and |
| (e) | any other information that may assist the court or that may be prescribed. |
| (3) | An applicant has no access to any documents lodged with the court by other parties except with the permission of the court. |