PROJECT: POST-ADOPTION CONTACT AND THE LAW
- Isabel Spies
- 7 minutes ago
- 4 min read
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Specialised Security Services (SSS) emphasises that post-adoption contact is a sensitive,
highly regulated area of South African law.
The Children’s Act 38 of 2005 provides clear guidelines to protect the best interests, privacy,
and long-term well-being of the child.
Because unlawful or informal contact can expose families to emotional distress, manipulation, or exploitation,
SSS urges all parties to understand the legal framework governing communication after an adoption order is granted.
THE PURPOSE OF POST-ADOPTION AGREEMENTS:
A post-adoption agreement is a formal, court-approved arrangement negotiated before or during the adoption process.
This agreement may allow:
Limited or structured communication between the adoptive family and the biological parent(s).
Exchange of specific information, such as medical history.
Controlled or supervised contact if deemed appropriate.
These agreements are not automatic or guaranteed.
They are approved only if they clearly serve the best interests of the child, and only after proper consultation and consent.
THE RIGHTS OF ADOPTED CHILDREN TO INITIATE CONTACT:
Once an adoption order is granted, the adopted child becomes the legal child of the adoptive parents.
Contact with biological parents is therefore strictly regulated:
If a post-adoption agreement exists, contact may occur according to the conditions outlined in the agreement.
If no agreement exists, the adopted child has no right to initiate contact until they reach 18 years of age.
At 18, the adopted child may apply to the Department of Social Development to access identifying information from the Adoption Register.
Once this information is obtained, the child may decide independently whether to initiate communication with their biological parents.
THE RIGHTS OF BIOLOGICAL PARENTS TO INITIATE CONTACT:
The adoption process terminates all parental rights and responsibilities of the biological parents.
Their ability to make contact is therefore strictly limited:
Biological parents may only engage in contact if a valid post-adoption agreement permits it.
Without such an agreement, a biological parent may not approach, contact, or attempt to reconnect with the adopted child.
After the child turns 18, the biological parent may request information from the Adoption Register.
However, this information can only be released if:
the adoptive parents and
the adopted child (now an adult) provides written consent.
Without this dual consent, the biological parent has no lawful access to identifying information and may not initiate any form of contact.
Post-adoption contact is therefore not an automatic right but a controlled, legally supervised process designed to protect the child’s welfare, stability, and emotional safety. Any contact, whether initiated by the adopted child or the biological parents, must strictly comply with a valid post-adoption agreement or may only occur once the adopted child
reaches adulthood and provides informed consent.
SSS advises all families to follow the legal process meticulously to prevent exploitation,
maintain the integrity of the adoption order, and uphold the child’s long-term best interests.
If you have any questions or require guidance during the adoption process,
you are encouraged to contact Mr. Mike Bolhuis,
who will facilitate assistance through his professional legal team.
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Mike Bolhuis
Specialist Investigators into
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