Children's Act, 2005 (Act No. 38 of 2005)Chapter 15 : Adoption240. Consideration of adoption application |
(1) | When considering an application for the adoption of a child, the court must take into account all relevant factors, including— |
(a) | the religious and cultural background of— |
(i) | the child; |
(ii) | the child’s parent; and |
(iii) | the prospective adoptive parent; |
(b) | all reasonable preferences expressed by a parent and stated in the consent; and |
(c) | a report contemplated in section 239(1)(b). |
(2) | A children's court considering an application may make an order for the adoption of a child only if— |
(a) | the adoption is in the best interests of the child; |
(b) | the prospective adoptive parent complies with section 231(2); |
(c) | subject to section 241, consent for the adoption has been given in terms of section 233; |
(d) | consent has not been withdrawn in terms of section 233(8); and |
(e) | section 231(7) has been complied with, in the case of an application for the adoption of a child in foster care by a person other than the child’s foster parent. |