PROJECT: UNDERSTANDING THE LEGAL PROCESS OF CHILD ADOPTION IN SOUTH AFRICA
- Isabel Spies
- 10 hours ago
- 4 min read
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Specialised Security Services (SSS) emphasises that adoption in South Africa is a highly regulated legal process
designed to protect the rights, safety, and long-term well-being of vulnerable children.
Because criminals and unregistered individuals sometimes exploit parents in crisis,
SSS encourages the public to understand the lawful process to prevent exploitation,
child-trafficking risks, or illegal custody arrangements.
GOVERNING FRAMEWORK:
Adoption in South Africa is regulated primarily by the Children’s Act of 2005.
The Department of Social Development (DSD) is the lead authority responsible for overseeing all adoptions nationally.
Only accredited adoption service providers, including registered social workers and authorised organisations, may legally facilitate an adoption.
Any informal or private arrangement outside this structure is unlawful and places both the child and the adults involved at serious risk.
WHO MAY ADOPT:
The law provides that:
Married couples, unmarried couples, single persons, and same-sex couples over the age of 18 may adopt.
Prospective adoptive parents must be South African citizens or permanent residents.
A person’s financial status alone does not disqualify them; suitability is assessed holistically, prioritising the child’s best interests.
INITIATING THE PROCESS:
The adoption process must begin through:
A registered adoption agency or a local DSD office.
A social worker will conduct a full screening and home evaluation to determine whether a prospective parent is “fit and proper”.
A police clearance and a clearance from the Sexual Offences Register are compulsory.
Once approved, the individual or couple is placed on the Register of Adoptable Children and Prospective Adoptive Parents (RACAP).
MATCHING A CHILD WITH A FAMILY:
After approval:
The adoption agency assists in identifying a child legally available for adoption.
Where biological parents cannot be located, social workers must place public advertisements to attempt to trace them.
A child study report is compiled to confirm that the child is adoptable and that adoption is in their best interests.
CONSENT AND COURT PROCEDURES:
Adoption cannot proceed without lawful consent:
Biological parents must consent unless a court has terminated their parental rights.
Children 10 years and older must also consent.
Consent must be in writing, signed, and may be withdrawn within 60 days.
Once all legal requirements are met, the matter is presented before the Children’s Court.
If satisfied, the court issues an Adoption Order.
The DSD then formally registers the adoption.
AFTER THE ADOPTION ORDER:
Once finalised:
The DSD records the details of both the child and the new adoptive parents.
A new birth certificate is issued, listing the adoptive parents as the child’s legal parents.
LEGAL CONSEQUENCES OF ADOPTION:
Adoption permanently alters the legal status of the child:
The adopted child is regarded in law as the biological child of the adoptive parents.
The child assumes the surname of the adoptive family.
All parental rights and responsibilities of the biological parents cease once the adoption order is granted.
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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Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
Mobile: +27 82 447 6116
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