Children's Act, 2005 (Act No. 38 of 2005)Chapter 15 : Adoption241. Unreasonable withholding of consent |
| (1) | If a parent or person referred to in section 233(1) withholds consent for the adoption of a child a children’s court may, despite the absence of such consent, grant an order for the adoption of the child if the court finds that— |
| (a) | consent has unreasonably been withheld; and |
| (b) | the adoption is in the best interests of the child. |
| (2) | In determining whether consent is being withheld unreasonably, the court must take into account all relevant factors, including— |
| (a) | the nature of the relationship during the last two years between the child and the person withholding consent and any findings by a court in this respect; and |
| (b) | the prospects of a sound relationship developing between the child and the person withholding consent in the immediate future. |