Children's Act, 2005 (Act No. 38 of 2005)Chapter 16 : Inter-Country Adoption261. Adoption of child from Republic by person in convention country |
| (1) | A person habitually resident in a convention country who wishes to adopt a child habitually resident in the Republic must apply to the central authority of the convention country concerned. |
| (2) | If the central authority of the convention country concerned is satisfied that the applicant is fit and proper to adopt, it shall prepare a report on that person in accordance with the requirements of the Hague Convention on Inter-country Adoption and any prescribed requirements and transmit the report to the Central Authority of the Republic. |
| (3) | If an adoptable child is available for adoption, the Central Authority will prepare a report on the child in accordance with the requirements of the Hague Convention on Inter-country Adoption and any prescribed requirements and forward it to the central authority of the convention country concerned. |
| (4) | If the Central Authority and the central authority of the convention country concerned both agree on the adoption, the Central Authority will refer the application for adoption together with all relevant documents and the reports contemplated in subsections (2) and (3) to the children's court for consideration in terms of section 240. |
| (5) | The court may make an order for the adoption of the child if the requirements of section 231 regarding persons who may adopt a child are complied with, the application has been considered in terms of section 240 and the court is satisfied that— |
| (a) | the adoption is in the best interests of the child; |
| (b) | the child is in the Republic; |
| (c) | the child is not prevented from leaving the Republic— |
| (i) | under a law of the Republic; or |
| (ii) | because of an order of a court of the Republic; |
| (d) | the arrangements for the adoption of the child are in accordance with the requirements of the Hague Convention on Inter-country Adoption and any prescribed requirements; |
| (e) | the central authority of the convention country has agreed to the adoption of the child; |
| (f) | the Central Authority of the Republic has agreed to the adoption of the child; and |
| (g) | the name of the child has been in the RACAP for at least 60 days and no fit and proper adoptive parent for the child is available in the Republic. |
| (6) |
| (a) | The Central Authority of the Republic may withdraw its consent to the adoption of the child within a period of 140 days from the date on which it has consented to the adoption, if it is in the best interests of the child to do so. |
| (b) | In the event of the Central Authority of the Republic withdrawing its consent, the child must be returned to the Republic forthwith in the prescribed manner. |
| (7) | An order of court contemplated in subsection (5) takes effect only after the period referred to in subsection (6) has lapsed and the Central Authority has not withdrawn its consent within the stated period. |
| (8) | This section does not apply to a child habitually resident in the Republic and who is to be placed for adoption outside the Republic with a family member of that child or with a person who will become an adoptive parent jointly with the child’s biological parent. |
| (9) | The provisions of Chapter 15 apply to the adoption of a child referred to in subsection (8). |