Adoption In South Africa: A Guided Journey From Dream To Reality


Are you considering adoption and wondering about the processes and steps involved? Adopting a child is a beautiful and life-changing experience, and one of the great things about living in South Africa is that we have a well-structured adoption process.

The adoption process in South Africa is a legal act that permanently places a child with parents who are not their biological parents. It is the act of terminating the birth parent’s legal responsibilities and rights and placing those rights and responsibilities into the hands of the adoptive parents.

Suppose you are a South African permanent resident or citizen looking to embark on the heartwarming journey of adoption. There are a few processes and some vital information that you should note before you start. To help you with this, we will walk you through the essential aspects of adoptions in South Africa, guiding you from the initial steps to bringing your precious little one home.


What Is Adoption?

Adoption is a legal process regulated by the Children’s Act 38 of 2005, establishing a permanent, lifelong relationship between a child and adoptive parents who aren’t the child’s biological parents. The adoption process ensures that the child becomes a full and equal member of their new family, receiving love, care, and support like any biological child.


Who Is Eligible To Adopt A Child In South Africa?

In South Africa, individuals who are older than 18 years can adopt a child under the following circumstances:

  • Spouses, partners in a life partnership (including same-sex partners), or others who share and form a permanent home together;
  • Widowers, widows, unmarried or divorced individuals;
  • Persons married to the child’s parent, such as a stepparent;
  • The father of a child born out of wedlock.


It’s important to note that a person’s financial status should not prevent them from adopting a child. The focus is on their ability to provide the child with a stable and loving home environment.

To be eligible to adopt a child, a person must meet the following criteria:

  • Be considered “fit and proper” to be entrusted with full parental rights and responsibilities;
  • Demonstrate the willingness and capability to exercise and maintain those parental rights and responsibilities;
  • Undergo a proper assessment conducted by an adoption social worker.


These criteria ensure that the prospective adoptive parent is emotionally, mentally, and financially prepared to provide a nurturing home for the child.


Who Is Eligible To Be Adopted In South Africa?

Adoption in South Africa is open to any child (a person younger than 18 years of age) regardless of race, gender, age, or abilities, under specific circumstances, including:

  • Orphaned children with no legal guardians or caregivers willing to adopt them;
  • Children whose parents or legal guardians cannot be identified or established;
  • Children who have been abandoned, which means they have had no contact with their biological parents or legal guardians for at least three months;
  • Children who have experienced abuse or neglect from their parents, legal guardians, or caregivers;
  • Children who are in need of a permanent and loving home.


The adoption process aims to provide these vulnerable children with a stable and caring environment, ensuring their well-being and future prospects. Those in charge of the adoption process ensure that the child’s best interests always get considered during the adoption process.


Do You Require Consent To Adopt?

Yes, consent is an integral part of adoption in South Africa. Regardless of whether they were married, the child’s biological parents or legal guardians must consent before the adoption can proceed. If the parent of the child is a child themselves, then that parent’s legal guardian must assist them during this process.

In cases where the child is older than ten years, their consent is also required before the adoption can be finalized. However, if the child is deemed incapable of understanding the implications of the adoption, their consent may be waived.

Any parent or legal guardian can withdraw their consent after giving it, so long as this withdrawal occurs within 60 days of signing the consent.


The Adoption Process In South Africa

Adoption in South Africa follows a lengthy and complex process to guarantee the consideration of the child’s best interests. In the end, the process is worth the result. If you want to start the adoption process, following these steps will help you navigate the procedure more easily.


Choosing A Social Worker Or Agency

To begin your adoption journey, you must engage the services of a registered adoption social worker or a reputable adoption agency. They will guide you through the process, ensuring you fulfill all the legal requirements and provide support and counseling as needed.


Screening And Approval

The adoption social worker or agency will conduct a thorough screening process, typically including the following:

  • Background checks;
  • Police clearance;
  • A medical examination (to ensure your good health to take on a child);
  • A clearance from the National Register of Sexual Offenders;
  • A psychological assessment;
  • Home visits;
  • Interviews with the prospective adoptive parents.


These steps help to ensure the child gets placed in a safe and nurturing environment.


Matching Parents With Their Adoptive Child

Once the screening process is complete and you are approved for adoption, the social worker or agency will work to match you with a child whose needs and characteristics align with your family’s abilities and preferences. This step is crucial in creating a harmonious and loving family environment.


The Adoption Procedure

The adoption procedure begins after your social worker or agency finds a suitable match. Typically the adoption process goes as follows:

  • Consent Request: The adoption process begins with the sheriff serving a notice to each parent and/or guardian, requesting their consent.
  • Social Worker Report: An interview with a social worker is conducted to compile a comprehensive report. This report includes information on the child’s adoptability, the child’s best interests, relevant medical information, and the eligibility of the prospective parent/s.
  • Application for Adoption: Prospective parents can apply for adoption in the Children’s Court.
  • Factors Considered: The Children’s Court considers factors such as the child’s community, religious and cultural background, the child’s best interests, and any other relevant information in the application.
  • Adoption Fees: Specific fees may be payable during the adoption process, such as medical expenses and costs to child protection organizations involved.
  • Granting Adoption Order: If the Children’s Court grants the adoption order, the order and the child’s birth certificate are taken to the relevant or closest Home Affairs office to record the adoption and any changes in the child’s surname, if applicable.


Adoption is a life-changing journey that brings immense joy and fulfillment to both parents and the adopted child. Adoption in South Africa is well-regulated to ensure children find loving and nurturing forever homes. If you’re considering adoption, remember to approach a registered adoption social worker or agency to guide you through the process step by step.

If you would like further information on the adoption process and the legalities involved, please do not hesitate to contact us at Burnett Attorneys & Notaries. We would happily discuss this matter and share our expertise to aid you in your adoption journey.