Children's Act, 2005 (Act No. 38 of 2005)RegulationsGeneral Regulations Regarding Children, 2010Chapter 16 : Adoption (Sections 228-253 of the Act)99. Applications for and consent to adoption of children |
| (1) | An application for the adoption of a child may be lodged by any person contemplated in section 231(1) of the Act. |
| (2) | An application contemplated in sub-regulation (1) must be in a form identical to Form 60 and must be lodged with the clerk of the court in the district where the child is resident. |
| (3) | An application contemplated in sub-regulation (1) must: |
| (a) | in the case of the adoption of a foster child, be accompanied by a written statement of the child's foster parent, in a form identical to Form 41; |
| (b) | subject to section 236(1) to (3) of the Act, be accompanied by a written consent of each parent regardless of whether they are married or not, in a form identical to Form 61, and of the child, where such child is a child referred to in section 233(1)(c) of the Act, in a form identical to Form 62, as required by section 233(1)(a) or section 233(1)(c) of the Act, as the case may be. Provided that if the parent is a child that parent is assisted by his or her guardian; or |
| (c) | subject to section 236(1) to (3) of the Act, in the case of any other person who holds guardianship in respect of the child, be accompanied by a written consent of that guardian, as required by section 233(1)(b) of the Act in a form identical to Form 63; and |
| (d) | be accompanied by a report from an adoption social worker that the applicant is a prospective adoptive parent. |
| (4) | The consent forms referred to in sub-regulation (3)(b) and (c) must be signed in the presence of a presiding officer of the children's court as contemplated in section 233(6)(a) of the Act or in the case of consent given outside the Republic by a person referred to in regulation 100 as contemplated in section 233(6)(b) of the Act. |