Children's Act, 2005 (Act No. 38 of 2005)

Chapter 16 : Inter-Country Adoption

265. Adoption of child from non-convention country by person in Republic

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(1)A person habitually resident in the Republic who wishes to adopt a child habitually resident in a non-convention country must apply to the Central Authority.

 

(2)If the Central Authority 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 non-convention country concerned and transmit the report to the competent authority of that country.

 

(3)If an adoptable child is available for adoption, the competent authority of the non-convention country concerned shall prepare a report on the child in accordance with the prescribed requirements and transmit it to the Central Authority.

 

(4)If the Central Authority and the competent authority of the non-convention country concerned both agree to the adoption, the competent authority of that country will refer the application for adoption for the necessary consent in that country.