How long does it take adopt a child in South Africa?

Not being able to have children is a whip-lashing, emotional experience for many couples. Luckily, child adoption makes matters easier but there are formalities that must be adhered to. The adoption process in South Africa can be a tough, complex procedure. During our years of experiences in dealing with child adoption, we have found that many couples undermine this time consuming process. [caption id="attachment_4181" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] However, the adoption process can unfold over a period of months, depending on the nature and circumstances of the matter. Often, further complications may arise during the process and sometimes important choices must be made. Our law offices have dealt with unique child adoption cases in which we have compiled a range of online articles with free expert legal advice for your convenience. For more information, call our law offices and have our friendly receptionist make an online appointment for you today.

Baby adoption process

We often don’t know where to start when it comes to child adoption. These are brief, yet relevant steps you could be looking at when entering into the adoption process: [caption id="attachment_4182" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption]
  1. Establish a mutual ground between you and your spouse: this means making sure that both parties are actively involved in the adoption process and that both parties would like to process with the process.
  2. Social worker or adoption agency: A social worker mandatory to the process even though you may personally know the biological mother of the child. When it comes to a social worker and agency, you need to ensure that you can trust both the agency and social worker. These two factors will play an essential role in the outcome of the adoption process.
  3. Screening process: this can be the most dreadful step.
You will need: [caption id="attachment_4183" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption]
  • Interview with your social worker
  • Police clearance
  • Medical report
  • Psychological assessment
  • Summary of finances
  • Clearance from National Child Protection Register
  • Clearance from the National Register of Sexual Offenders
  • Assessing of your marriage
  • References
  • Group sessions
  • Social worker will have to visit your home to check for a stable, safe home for the child
  • An overall family assessment
  1. Wait for your child while the social worker determines an ideal candidate that suits the circumstances of the matter.
  2. You will get to meet your child and you will have an idea of your child’s history and have a choice if you would like to proceed.
  3. Complete the legal work: this is where a good, family legal expert comes in to help you through the process of the Children’s Court and other legalities.

Adopting a child from another country

For more information on child adoption simply click on the following links: [caption id="attachment_4184" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] Are you residing out of Cape Town? No problem. Make use of our national number on 087 701 1124 or simply call our offices on 021 424 3487 for an online appointment for a professional legal consultation.
Posted on by Telelaw

How long does it take adopt a child in South Africa?

Not being able to have children is a whip-lashing, emotional experience for many couples. Luckily, child adoption makes matters easier but there are formalities that must be adhered to. The adoption process in South Africa can be a tough, complex procedure. During our years of experiences in dealing with child adoption, we have found that many couples undermine this time consuming process.

Call us on: 0211110090
Email: [email protected]

However, the adoption process can unfold over a period of months, depending on the nature and circumstances of the matter. Often, further complications may arise during the process and sometimes important choices must be made.

Our law offices have dealt with unique child adoption cases in which we have compiled a range of online articles with free expert legal advice for your convenience.

For more information, call our law offices and have our friendly receptionist make an online appointment for you today.

Baby adoption process

We often don’t know where to start when it comes to child adoption. These are brief, yet relevant steps you could be looking at when entering into the adoption process:

Call us on: 0211110090
Email: [email protected]
  1. Establish a mutual ground between you and your spouse: this means making sure that both parties are actively involved in the adoption process and that both parties would like to process with the process.
  2. Social worker or adoption agency: A social worker mandatory to the process even though you may personally know the biological mother of the child. When it comes to a social worker and agency, you need to ensure that you can trust both the agency and social worker. These two factors will play an essential role in the outcome of the adoption process.
  3. Screening process: this can be the most dreadful step.

You will need:

Call us on: 0211110090
Email: [email protected]
  • Interview with your social worker
  • Police clearance
  • Medical report
  • Psychological assessment
  • Summary of finances
  • Clearance from National Child Protection Register
  • Clearance from the National Register of Sexual Offenders
  • Assessing of your marriage
  • References
  • Group sessions
  • Social worker will have to visit your home to check for a stable, safe home for the child
  • An overall family assessment
  1. Wait for your child while the social worker determines an ideal candidate that suits the circumstances of the matter.
  2. You will get to meet your child and you will have an idea of your child’s history and have a choice if you would like to proceed.
  3. Complete the legal work: this is where a good, family legal expert comes in to help you through the process of the Children’s Court and other legalities.

Adopting a child from another country

For more information on child adoption simply click on the following links:

Call us on: 0211110090
Email: [email protected]

Are you residing out of Cape Town? No problem. Make use of our national number on 087 701 1124 or simply call our offices on 021 424 3487 for an online appointment for a professional legal consultation.

Related Post

Top tips from a Senior Family Law Advocate on how to deal with your Child Custody matter in the Oudtshoorn Children’s Court

  Family law legal matters can be very stressful. This is so whether you live in Oudtshoorn or any other city in South Africa. Especially so if you have no idea how the legal processes work. It is one thing to know that you are entitled to child support, but it is a totally different matter to know the law and procedure on how to claim child support. Luckily in child maintenance matters, the maintenance court is there to assist you in completing the application form. However, many times that is not enough. Especially so if the other parent has a lawyer and knows how to present the case for his or her client. This article, however, deals with some top tips in care and contact or custody matters in the Children’s Court in Oudtshoorn. It would explain the processes involved and advise on how to be best prepared for your matter. This advice is applicable whether you live in Oudtshoorn or any other city in South Africa.

What to do before visiting the Oudtshoorn Children’s Court

Before you approach the Children’s Court in Oudtshoorn, first try to resolve the issues with the other parent. Therefore, if you want more contact with your child and the other parent is refusing, try to resolve the matter first with that parent. If that does not work, try mediation. The mediator can be anyone, from a trusted mutual friend, priest, or other religious leaders, or a professional like an attorney, psychologist, or the office of the Family Advocate. Oudtshoorn has many professionals that can assist you in this regard. If resolving the matter by yourselves is not possible, or mediation fails, then we suggest you approach the Oudtshoorn Children’s Court for assistance. TIP: Focus on getting someone neutral to assist in mediating your matter. Organisations like FAMSA and FAMAC can be of assistance. Google them.

Approaching the Oudtshoorn Children’s Court

The Oudtshoorn Children’s Court should be approached if it is the closest Children’s Court to you. You need to verify with the Oudtshoorn Children’s Court that you fall under their area of jurisdiction. If not, they would direct you to which Children’s Court is applicable to you. Once you arrive at the Oudtshoorn Children’s Court, they will provide you with a form headed “Bringing Matter to Court in Terms of Section 53 Children’s Act, 2005 (Act no. 38 of 2005) Regulation Relating to Children’s Court and International Child Abduction, 2008 [Regulation 6]. This form is also called Form 2. In this form, you will provide all your particulars and that of the child or children and the other parent. The sections in the form are as follows:
  • PART A: PARTICULARS OF CHILD(REN)
  • PART B: PARTICULARS OF *CHILD WHO IS AFFECTED BY OR INVOLVED IN THE MATTER/PERSON *ACTING IN THE INTEREST OF THE CHILD/*ON BEHALF OF THE CHILD WHO CANNOT ACT IN HIS/HER OWN NAME/ *MEMBER OF A GROUP OF CLASS OF CHILDREN/*IN THE PUBLIC INTEREST (SECTION 53(2)
  • PART C: PARTICULARS OF PERSONS HAVING AN INTEREST IN THE MATTER
  • PART D: PARTICULARS OF MATTER
In part D, the following is stated which you need to provide in the form:
  • Nature of matter brought to Court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
  • Documents: Are there any documents relating to the matter? (If so please attach)
Once you have completed the form and attached the relevant documents to it, you must take it to a commissioner of Oaths to have it commissioned. It does not have to be in Oudtshoorn. TIP: Draft a separate affidavit explaining your case. Outline some background information and reasons why the Court should give you what you request. Attach it to Form 2.

Processing your Application at the Oudtshoorn Children’s Court

Once you complete the Form A and submit it to the Clerk of the Oudtshoorn Children’s Court, they will process it and allocate it a case number or reference number. The Clerk of the Court would then allocate a date to the matter and advise the parties accordingly when the court date is. Please note that some courts follow a different process for processing the application and informing the parties of the court date. Please enquire from the Court when making the application what process they follow. TIP: Obtain the contact details of the Court for you to contact them to obtain the Court date or other information. Ask for their contact number and email address.

Appearing in the Oudtshoorn Children’s Court

When notified of the Court date, both you and the other parent should attend. If you are making use of a lawyer (Advocate or Attorney), inform them timeously of the date. Depending on the Court, you may first see the Clerk or go directly to the Magistrate. The Children’s Court would do its best to try to resolve the matter. If the parents cannot come to an agreement, the Children’s Court may postpone the matter for either of the following:
  • Get a social worker involved in the matter;
  • Appoint a legal representative for the minor child;
  • Implement interim care and contact arrangements;
  • Having the parties attempt to agree on a parenting plan;
In serious matters, the Court may remove the minor child from both parents and place the child in foster care. The powers of the Children’s Court are extensive. It will, however, focus on what is in the child’s best interests. TIP: Be as vocal as possible. Do not expect the Court to be understanding of your case or be on your side. It is your duty to explain your case and provide the Court with all the relevant information they require for them to make a fair decision.

Finalising the matter in the Oudtshoorn Children’s Court

Once the Oudtshoorn Children’s Court has enough information to make a final decision, it will do so. Depending on the facts of the matter, that could either be making a Parenting Plan, an Order of the Court or a final care and contact Order. The Court may even make further interim orders, where the parties are to return to Court after a few months, or a year later. TIP: Do not agree to something just because the social worker, a lawyer, or the Court suggest it. You need to be happy with what is decided. The above Oudtshoorn Children’s Court Application tips should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Oudtshoorn, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

Posted on by Telelaw

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